Posted by: Ray Brescia | January 6, 2022

The Insurrection and Legal Ethics

One year from the assault on the U.S. Capitol, it is a dark anniversary for the United States. The evidence is coming in, sometimes at a trickle, sometimes in a torrent, much of it also in plain sight, showing the concerted effort of some in the highest echelons of government to encourage the January 6th insurrection. What is also becoming apparent is that lawyers were not just present during the planning and plotting of that day, they were often instrumental in goading on some of the principal actors and in fomenting the Big Lie that the 2020 presidential election was fraudulent. While the full story is yet to be told of these efforts, if it will be told at all, we know already that lawyers were central to this campaign. We also know that they tested the boundaries of their ethical obligations as attorneys, and likely exceeded them, in the actions they took and the advice they gave. I have explored some of these issues elsewhere, and I encourage you to give them a look if of interest. You can check out my piece in the Georgetown Journal of Legal Ethics here and another in the Hofstra Law Review here. As always, comments encouraged.

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