United States: Attacks on the legal profession and threats to the independence of law firms
The independence of the legal profession in the United States is once again threatened by a series of groundbreaking actions by the Trump administration. Since the beginning of March, the Equal Employment Opportunity Commission (EEOC – a government agency) has been investigating several large law firms about their diversity and inclusion policies. At the same time, the White House has suspended security clearances[1] and threatened federal contracts[2] of firms deemed politically hostile.
US President Donald Trump has signed an executive order instructing the EEOC to investigate whether the targeted firms comply with anti-discrimination laws in their hiring and promotion practices. The EEOC has opened investigations into Kirkland & Ellis, Ropes & Gray, Simpson Thacher and nearly two dozen other influential firms. The agency has asked these firms to provide it with detailed information on all their candidates since 2019, including their gender, ethnicity and participation in diversity programmes.
These investigations raise concerns among many experts, who denounce an attack on efforts for more diversity in the legal community. Some firms had already had to modify their programmes after lawsuits were filed by activists opposed to these policies.
The Trump administration has also taken action against firms deemed too critical. On 7 March, an executive order suspended the security clearances of lawyers from the firm Perkins Coie, which was involved in past investigations of Trump.
On 21 March, another firm, Paul, Weiss, had to reach an agreement with the White House to avoid sanctions. As part of the agreement, it undertook to modify its recruitment practices, to abandon diversity as a criterion for hiring and to provide $40 million of pro bono legal services for causes supported by Trump.
These actions seriously threaten the independence of lawyers, who must be able to defend their clients without political pressure. They could also hamper diversity in the profession, where minority lawyers remain largely under-represented.
The firms involved must respond to the EEOC by 15 April.
The Observatory strongly condemns the pressure from the Trump administration on law firms, which threatens the independence of the profession and violates the United Nations Basic Principles on the Role of Lawyers.
The Observatory denounces the EEOC investigations, which target firms committed to diversity and create a climate of fear within the profession.
The Observatory reiterates that the independence of lawyers is a fundamental pillar of the rule of law and that any form of retaliation against firms because of their professional commitment or their recruitment choices constitutes a serious violation of fundamental rights.
The Observatory is concerned about the suspension of security clearances and threats to federal contracts, which are used as tools of repression against firms perceived as politically hostile. The Observatory emphasises that this instrumentalisation of the executive power goes against international standards on the independence of the Bar.
The Observatory urges the US authorities to abide by their international commitments and guarantee lawyers the right to carry out their work without being subjected to political pressure or sanctions.
[1] A security clearance allows individuals, including law firms, to access protected information.
[2] A federal contract allows a law firm to provide legal services to the government.
