AFTERMATH OF THE RIOT ON THE CAPITOL
Following the attempted insurrection at the U.S. Capitol on January 6th by Trump supporters who bought into the “Big Lie” that the election was stolen, who sought to stop Congress from certifying the election, more than 400 people have been arrested. Federal prosecutors are taking a hard line and defense lawyers are gearing for trial, while only one defendant has pleaded guilty so far.
THE RESPONSIBILITY OF THE LAWYERS
But what about the lawyers, who helped spread Trump’s false claims of election fraud? Trump’s legal team filed over 50 lawsuits in state and federal courts. Nearly every one of these lawsuits were deemed meritless and without evidence of “massive election fraud” that would change the outcome of the election, and were thrown out by judges around the country, including the U.S. Supreme Court.
LAWYERS MUST ACT ETHICALLY
Lawyers have a duty not to file frivolous litigation. Lawyers have a duty of candor to the court. And lawyers are ethically required to avoid dishonesty, fraud, deceit and misrepresentation. As a consequence of their alleged misconduct, ethics complaints have been filed against Trump lawyers, Sidney Powell, Rudy Giuliani and others in several states, seeking sanctions, which could result in suspension of their law licenses or disbarment.
Rule 3.1 of the Illinois Rules of Professional Conduct, which govern this lawyer, provides that:
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification or reversal of existing law.
Rule 3.3 of the Illinois Rules of Professional Conduct state that (a) A lawyer shall not knowingly (1) make a false statement of fact or law to a tribunal . . . or (3) offer evidence that the lawyer knows to be false.
While a lawyer has a duty to advocate zealously on behalf of his or her client, that advocacy must respect the rules of ethics, the rule of law, the courts and the legal system.
Greg Martucci will aggressively, and ethically, advocate for your civil claim or defense, or defense of traffic/DUI/criminal charges, utilizing over 30 years’ experience in negotiation and litigation, to achieve excellent results. Call Martucci Law today at 630-980-8333 to schedule your free initial office consultation and learn more about how we can help you right a wrong.