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The Trump administration's targeted actions on lawyers it disapproves of is something people believed "could never happen in the United States," the president of the ABA has declared.

Global Concerns and Role Reversal

In discussions during a global meeting on the security and safeguarding of lawyers, Michelle Behnke noted that the ABA was accustomed to providing guidance to organizations in foreign nations but the tables had turned to an extent.

Since assuming power, Donald Trump and his administration have placed restrictions on some lawyers and legal practices, including their ability to freely represent clients, mostly because they have done legal work that the president has opposed or they have been associated with prosecutors who looked into his affairs.

Tactics Employed Against Legal Professionals

Among the tactics adopted have been:

• Terminating lawyers' access credentials
• Canceling firms' government contracts
• Refraining from hiring specific legal staff for public sector positions
• Limiting lawyers' entry to government facilities

Legal Challenge Initiated by ABA

In reaction, the ABA initiated legal proceedings in June asking a federal court to rule as invalid the Trump administration's "illegal approach of intimidation against lawyers and law firms."

"People are aware of the presidential directives against law firms to suggest that no one in a law firm could enter any federal building – that would mean that you would not be able to work as an attorney. So that's an assault or a danger against law firms, and as effective as physical threats."

Behnke added, "People maybe a year or two ago might have claimed that was unimaginable in the United States. [This shows] no place is immune, no place is perfect."

Global Solidarity and Mutual Learning

She said the idiosyncrasy of the situation was not lost on colleagues from other countries she had encountered, who had taken sustenance from the role reversal.

"I've met with lawyers from across the globe," Behnke stated. "They have both given support and encouragement, suggested that they believe the ABA is making correct moves in ... bringing suit."

"Frequently we're the one providing assistance and help of foreign nations and I think several other countries are understanding that they can also return the aid and that actually buoys them and helps them recognize that their position as lawyers, their law societies, are just as crucial."

Inclusion and the Legal System

But Behnke is clear on the importance of workplace diversity. "In my view matters around gender equality within the legal field, diversity, equity and inclusion – and I use the full words, as rather than the letters [DEI], because the acronym have become controversial – are all part and parcel of the legal framework," she said.

"When the attorney community reflects the clients we assist, the clients we serve, the communities we live in, that's key and that aids public comprehension of the rule of law and the value and gives people faith and assurance in the systems."

Consensus on Core Values

She added that while "if you gather attorneys in a room, you're going to get multiple viewpoints", when it came to the legal principles there was "complete agreement" in understanding its significance and the disorder that prevails in its lack.

When questioned why lawyers were being targeted in numerous nations, Behnke paraphrased – fittingly, given her setting – the words of England's renowned writer in Henry VI Part 2.

"In my opinion the current era lend themselves to discord and law and lawyers are the ones that hold people to account," she said. "The bard [said|wrote] if you want anarchy, first kill all the lawyers. It really was an realization that lawyers are perhaps a barrier to that anarchy and that capacity to take over or undermine the legal order. So I'm not terribly surprised that we are somewhat vulnerable."