Autocrats above the law
The headline today is clear: lawyers need lawyers. It’s frustrating to focus on the USA given the constant coverage the country already receives, but it would be negligent to overlook this issue. President Donald Trump’s attempts to target law firms that oppose his administration’s agenda are deeply troubling. Lawyers should not have to fear government retribution simply because they represent clients or work with colleagues tied to the political opposition. This is a blatant threat to the rule of law, one designed to stifle free speech.
Politico offers a thorough breakdown of the situation, concluding that, for now at least, the practical consequences might seem relatively minor. The firms being targeted are so expensive that most people can’t afford their services. This isn’t necessarily a comforting thought. The flipside could be argued – that only the most financially robust law firms can afford to take on an expensive battle with Trump’s administration. Many smaller firms may quietly decline controversial cases, prioritising ease over principle, and thus further narrowing access to justice.
Over in France, a different kind of danger faces lawyers following Marine Le Pen’s conviction this week. It sparked a dangerous wave of threats against the judges involved, which were so severe that President Emmanuel Macron has been forced to publicly reaffirm the independence of the judiciary, and one of the trial judges has been placed under police protection.
It is, unfortunately, a sign of the times that bears repeating: lawyers represent clients, but they do not necessarily share their views. Yet here we are, facing the reality of a world where legal professionals are increasingly seen as extensions of their clients’ beliefs, rather than independent advocates of the law – a line trotted out for years in Iran, Russia and China and now finding a home elsewhere.
“As if the coup against democracy wasn’t enough, they cannot tolerate the victims of this coup defending themselves. They want to add a legal coup to the coup against democracy,” said Istanbul’s recently jailed Mayor Ekrem İmamoğlu on the arrest of his lawyer. Mehmet Pehlivan has since been released. But as Pehlivan’s own lawyer poignantly remarked, his arrest was a “warning”. For Turkey’s autocratic leader, the message is clear: beware the clients you choose. For the rest of us, the takeaway is equally urgent: if we don’t stand firm in support of the defenders of justice, the very concept of justice itself could be dismantled.
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