University of Georgia School of Law
Virtual Symposium
February 25, 2022
Lawyering For the President:
Testing the Limits of Ethics and Professionalism
Lawyers have always played prominent roles in presidential administrations. Depending upon their positions and proximity to the chief executive, lawyers fulfill functions that range from traditional courtroom-related advocacy, to providing legal advice, to serving as public spokespersons. These lawyers can be political appointees, nonpolitical civil servants, or private attorneys retained to represent more personal presidential interests. Whatever their position or role, such lawyers are subject to the same ethics rules and professionalism ideals that guide all members of the bar. However, the ethical issues they encounter are often uniquely complex and the stakes extraordinarily high.
Fundamental ethical questions abound in lawyering for the President—Who is the client? How far is too far in terms of advocating a legal position? When, if ever, is it appropriate to follow directives from the President? What is the proper balance between privileged communications and the public’s right to know? This Symposium will examine how lawyers—public and private—dealt (or should have dealt) with these and other difficult questions in relation to various administrations. Particular attention will be given to certain lawyering actions taken during the Trump administration, including: (1) defending against allegations of presidential wrongdoing; (2) pursuing post-election litigation on the President’s behalf; and (3) responding to requests or directives from the President on legal matters. The complicated ethical challenges presented by these examples are representative of those that lawyers have faced in previous administrations and will undoubtedly continue to encounter in lawyering for the President.
Registration
Registration required to receive the link for the symposium, which will be sent prior to the event.
Free for community members and University of Georgia students, faculty and staff.
For attorneys seeking Georgia Continuing Legal Education Credits (6 credits, including 1 Ethics Hour, 1Trial Hour and 1 Professionalism Hour), the cost is $24.
Schedule
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9:00 – 9:15 |
Welcome/Introductory Remarks |
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9:15 – 10:45 |
Panel Discussion Lawyering in the Courtroom: Drawing the Ethical Line Between Zealous and Frivolous Advocacy In lawyering for the President, lawyers may sometimes feel compelled to advocate positions that appear lacking in legal or factual merit. This can stem from political pressure, strategic maneuvering, or a profound belief that real harm has occurred or must be averted. Whatever the explanation, the question that must be answered is: Does such advocacy cross the ethical line? Also, relatedly, should the fact that one is lawyering for the President warrant special consideration?
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10:45 – 11:00 |
Break |
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11:00 – 12:00 |
Keynote Address Richard W. Painter |
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12:00 – 1:15 |
Lunch Break |
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1:15 – 2:45 |
Panel Discussion
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2:45 – 3:00 |
Break |
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3:00 – 4:30 |
Panel Discussion
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4:30 |
Adjourn |
The Georgia symposia on professionalism and ethics are made possible by the Honorable Hugh Lawson, Senior U.S. District Judge for the Middle District of Georgia. In 1999, Lawson oversaw the settlement of a matter that involved allegations of litigation misconduct and, as part of the settlement, four of Georgia's law schools each received an endowment to fund annual symposia dedicated to ethics and professionalism. The symposium series began in 2001, and it rotates among the University of Georgia, Emory University, Georgia State University and Mercer University. The topics addressed by the symposia are determined by professors charged with organizing the events.