'Lawyers Know Better': Criticizing Lawyers for Defending Unpopular Clients Is Risky, 'Disturbing'
Without able lawyers willing to represent both sides of a legal dispute, our legal system cannot function at its best.
December 29, 2020 at 10:55 AM
5 minute read
The original version of this story was published on National Law Journal
There is an increasing and disturbing trend of criticizing lawyers for the clients they represent and for advancing arguments that are well within the bounds of zealous advocacy. Former acting Solicitor General Neal Katyal is the latest such target. Having first been attacked from one side of the political spectrum for representing alleged enemy combatants held in Guantanamo, he is now being hit from the other for representing Nestle in a suit alleging that Nestle aided and abetted abhorrent child labor practices abroad in violation of international law. In both cases, the criticism is equally misguided. Katyal was neither defending the waging of war on America nor defending child slavery. Instead, he was ably advancing detailed and somewhat technical arguments about the scope of federal statutes. The idea that in doing so in this latest matter he was defending child slavery is simply wrong.
I write not out of friendship but because this kind of criticism poses real risks to the health of our legal system, which depends on the zealous representation of both sides in a controversy. Simply put, without able lawyers willing to represent both sides of a legal dispute, our legal system cannot function at its best. And without lawyers willing to defend unpopular clients, litigants cannot receive the due process that our Constitution guarantees them.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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