In this guest essay, former federal judges Shira A. Scheindlin and John Jones III argue that the American legal profession failed a crucial test during the Trump administration by largely acquiescing to government pressure. They criticize major law firms that struck deals with the administration—abandoning diversity commitments and offering extensive pro bono services to government-favored causes—rather than defending professional independence and the rule of law.
Drawing inspiration from the Sullivan Principles used by corporations during apartheid-era South Africa, the authors propose a new set of ethical principles for the U.S. legal profession. These principles reaffirm lawyers’ First Amendment rights, their duty to challenge unlawful government actions, their obligation to represent marginalized clients, and their responsibility to uphold judicial integrity through candor and independence.
The essay emphasizes that lawyers play a critical role in protecting democratic institutions, especially as judges face increasing political threats. The authors warn that firms that compromised their independence now face reputational harm, scrutiny from Congress, and growing skepticism from law students and corporate clients.
Ultimately, Scheindlin and Jones call for collective action: only through unified, public commitment can the legal profession restore its dignity and continue to serve as a cornerstone of democratic governance.