“You’re welcome to do dealings with foreign governments when it makes sense, but don’t go accepting compromising deals as their agents or get knighted or something.” Not only is this some simple advice, it is echoed constitutionally in the emoluments clause! Now, was incorporating this sentiment in our supreme document enough to prevent Trump from accepting a $400M totally-not-a-bribe plane from Qatar or Justice Alito becoming a Constantinian knight? No, but it is enough for the German government to take notice of how ripe the ground for foul play is in the land of the free. The German Bar Association took it upon themselves to remind German lawyers of their ethical responsibilities — especially if their work involved one of the Yellow-Bellied Nine. Law.com has coverage:
German lawyers who work with any of the nine U.S. law firms that made deals with the Trump administration could be in breach of the German legal professional code of conduct, the German Bar Association (DAV) has warned.
The association reminded members in an 11-page position paper of their obligations under the first paragraph of the Federal Code for Lawyers (Bundesrechtsanwaltsordnung or BRAO), which requires lawyers “to maintain independence from the state and to avoid any contractual or other binding agreements that would compromise their freedom to act solely in the interest of their client.”
…
“It appears possible, and perhaps even probable, that the respective firms have violated the duty of independence by concluding these deals,” the Bar Association said.
And the suspicion makes sense. If pledging $100M in labor to a government that can direct that effort to whatever causes it sees fit doesn’t make you an arm of that government, what more would it take? Remember how quickly the scope of expected pro bono work changed from general civil rights projects to defending police officers against excessive force claims?
Our ongoing rule of law crisis may make things seem as if everything is permissible so long as the Orange One approves, but don’t forget about the external consequences. Individual lawyers may be found in breach of conduct and law firms may have their license to provide legal services in Germany revoked. Tread lightly.
German Bar Association Warns Firms That Trump Deals Violate Legal Code [Law.com]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.
