By American Bar Association
Executive orders that have targeted law firms are having a chilling effect on pro bono work and serving the underserved, but attorneys must remember their duty to protect and defend the Constitution and the rule of law, said panelists during a recent American Bar Association webinar.
The May 29 webinar, “Under Fire: Resisting Attacks on Lawyers and the Rule of Law,” is part of the ABA’s Rule of Law in America series.
The executive orders that have put many law firms in the administration’s crosshairs have three things in common: retaliation, intimidation and an assault on the rule of law and independence of the bench, said Robert Van Nest, partner at Keker Van Nest and Peters in San Francisco.
The administration’s actions have “decimated the career workforce and driven out a lot of expertise that is essential to fulfilling the mission of the Department of Justice,” said Liz Oyer, the recently fired U.S. pardon attorney at DOJ. Oyer, who was terminated after she refused to follow a directive by the administration to restore gun rights to actor Mel Gibson without vetting him, added that the current DOJ is not interested in upholding the rule of law.
Elizabeth Cabraser, partner at Lieff Cabraser Heimann and Bernstein in San Francisco, noted the role and responsibilities of lawyers, which are especially important in the current political climate.
“We are the voice for our clients, even when their viewpoints are unpopular,” she said. “We are the intermediaries between individuals and the legal system.”
Cabraser pointed out that lawyers contribute a substantial amount of time to pro bono work and the intent of the executive order is to silence the voices of those who would otherwise go unheard and who may be presenting an unpopular or inconvenient truth. While those voices may be controversial today, history will view them as “essential to protecting the rights and liberties of all of us.”
Van Nest agreed that many underserved people who don’t have the means to pay for lawyers — the poor, domestic violence victims, immigrants and others — will not be able to be represented in court.
“It falls on us to fill that gap,” Cabraser said, with most of the burden falling on smaller firms and solo practitioners.
To resist these current attacks, Van Nest urged law firms and lawyers to engage in litigation to fight the executive orders, sign on to amicus briefs and engage in pro bono work that involve everything from the environment and immigration to domestic violence and civil rights. “All of these areas need assistance and need help,” he said.
Cabraser applauded the judiciary for its efforts in fighting to save democracy and the rule of law. “The judges have truly stepped up,” she said. “They are the heroes in this campaign to save our system.”
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/06/panel-urges-lawyers-to-stand-firm/)
Executive orders that have targeted law firms are having a chilling effect on pro bono work and serving the underserved, but attorneys must remember their duty to protect and defend the Constitution and the rule of law, said panelists during a recent American Bar Association webinar.
The May 29 webinar, “Under Fire: Resisting Attacks on Lawyers and the Rule of Law,” is part of the ABA’s Rule of Law in America series.
The executive orders that have put many law firms in the administration’s crosshairs have three things in common: retaliation, intimidation and an assault on the rule of law and independence of the bench, said Robert Van Nest, partner at Keker Van Nest and Peters in San Francisco.
The administration’s actions have “decimated the career workforce and driven out a lot of expertise that is essential to fulfilling the mission of the Department of Justice,” said Liz Oyer, the recently fired U.S. pardon attorney at DOJ. Oyer, who was terminated after she refused to follow a directive by the administration to restore gun rights to actor Mel Gibson without vetting him, added that the current DOJ is not interested in upholding the rule of law.
Elizabeth Cabraser, partner at Lieff Cabraser Heimann and Bernstein in San Francisco, noted the role and responsibilities of lawyers, which are especially important in the current political climate.
“We are the voice for our clients, even when their viewpoints are unpopular,” she said. “We are the intermediaries between individuals and the legal system.”
Cabraser pointed out that lawyers contribute a substantial amount of time to pro bono work and the intent of the executive order is to silence the voices of those who would otherwise go unheard and who may be presenting an unpopular or inconvenient truth. While those voices may be controversial today, history will view them as “essential to protecting the rights and liberties of all of us.”
Van Nest agreed that many underserved people who don’t have the means to pay for lawyers — the poor, domestic violence victims, immigrants and others — will not be able to be represented in court.
“It falls on us to fill that gap,” Cabraser said, with most of the burden falling on smaller firms and solo practitioners.
To resist these current attacks, Van Nest urged law firms and lawyers to engage in litigation to fight the executive orders, sign on to amicus briefs and engage in pro bono work that involve everything from the environment and immigration to domestic violence and civil rights. “All of these areas need assistance and need help,” he said.
Cabraser applauded the judiciary for its efforts in fighting to save democracy and the rule of law. “The judges have truly stepped up,” she said. “They are the heroes in this campaign to save our system.”
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/06/panel-urges-lawyers-to-stand-firm/)
