General Counsels United Files Amicus Brief in Appeal of Executive Orders Targeting Law Firms
Who We Are
General Counsels United is a nationwide, non-partisan collective of more than 800 general counsels who lead the legal departments of every type and stage of enterprise: public companies (including Fortune 100 companies), private companies (including venture-backed startups and private equity portfolio companies), and non-profit organizations, and span virtually every industry.
General Counsel United’s members share a conviction that predictable and independent legal institutions are a critical part of the American business system. This “rule of law” requires that all persons, institutions, and entities – including the government itself – are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
We share a common concern that when this rule of law erodes — through interference with the right to counsel, attacks on judicial independence, or arbitrary shifts in legal standards — businesses, the economy and our country all pay the price.
If you are a current or former General Counsel, and are interested in supporting our efforts to defend the rule of law from the company perspective, please click below to join General Counsels United, a private group on LinkedIn.
Why We Filed an Amicus Brief
Our concern is both legal and economic. The ongoing attacks on law firms don’t just threaten abstract constitutional values — a survey of our members indicates that they are already imposing tangible costs and real risk to the companies we serve:
Loss of Expertise
If a company's law firm is targeted or denied access to federal buildings, years of institutional knowledge – often in very complicated and technical issue areas – and millions of dollars in legal investment are wasted overnight.
Loss of Independence
Companies have long chosen law firms based on expertise, including familiarity with relevant agencies. But the EOs impose a new kind of political due diligence, one focused on whether a firm is likely to be targeted, and if so, whether it will fight or settle. This injects political considerations into professional judgements that general counsels are ethically obligated to make based on competence.
Loss of Stability
If legal standards or enforcement priorities shift arbitrarily, business planning, valuations and compliance programs are destabilized, triggering significant costs and uncertainties. Changes to the rule of law have far-reaching impacts on companies managing litigation and compliance with laws, regulations, administrative requirements and contracts, inhibiting investments and innovation.
General Counsels United has signed Keep Our Republic’s Principles for the Independence of the Legal Profession. You can too.
