Bar association presidents warn lawyers against frivolous election lawsuits
Former presidents of the American Bar Association and other state and local bar associations published an open letter condemning election lawsuits brought forth in swing states across the country.
“As past presidents of state, local and national bar associations, this flurry of litigation compels us to remind the profession and the public: The courtroom is not a theater for unsubstantiated claims,” the letter reads.
“When lawyers file a lawsuit, we are duty-bound to ensure it is based on solid facts, backed by law and free from any intent to harass or waste the court’s time,” the group of more than 100 past presidents wrote. “A baseless lawsuit not only squanders judicial resources but also undermines the public’s trust in our democracy and our profession.”
The letter cited reporting from Bloomberg, which highlighted a new election case per day filed in the month of October alone. More than 100 lawsuits have been filed in seven swing states, according to NBC News.
“Filing election-related lawsuits without a solid factual and legal foundation endangers the very institutions lawyers are oathbound to defend. In a functioning democracy, lawsuits are not weapons to spread distrust — they are tools for justice,” attorneys noted.
The letter frequently referenced disbarred lawyers such as Rudy Giuliani, who was accused of making statements in 2020 that confirmed he knowingly filed election cases without substantial evidence.
“Lawyers who disregard these standards risk not only their careers but also the credibility of the entire legal system, weakening the democracy we are sworn to protect,” the group wrote. “As legal professionals, we must hold ourselves to the highest ethical standards to avoid a repeat of these events. With this election, we call on our colleagues to remember our duties as lawyers and as guardians of the rule of law.”
The brief letter touted four-and-a-half pages of signatures from the organization’s past national, state and local presidents. The effort was spurred by the bar association’s American Democracy Task Force, which was formed in 2023 with the goal of encouraging legal professionals to uphold the Constitution and strengthen the nation’s democracy.
This year, the group embarked on listening tours across the nation to hear from lawyers on a local level.
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