The Importance of Standing Up: Why Legal Professionals Must Consider Litigation Over Settlements
In light of recent executive orders, legal professionals face a critical decision: should they opt to litigate or settle? Adam Unikowsky, a partner at Jenner and a former clerk for Justice Scalia, argues persuasively in favor of pursuing lawsuits.
Unikowsky contends that these executive orders infringe upon constitutional rights, particularly the First Amendment freedoms that guarantee lawyers and their clients the right to free speech, petition, and association. Such orders not only undermine the foundation of our legal practice but also create an environment in which attorneys may hesitate to represent clients who may be viewed as controversial, even if they have legitimate claims. Upholding the rule of law is integral to the integrity of the legal profession, and it is essential for lawyers to take a stand against these encroachments.
The argument for litigation extends beyond constitutional principles. There’s a fundamental need for law firms to preserve their independence from governmental influence. Agreeing to settle disputes with the government effectively compromises that independence by granting the state undue control over which cases a law firm can pursue. This undermines the primary responsibility of legal representatives to advocate vigorously for their clients without external constraints.
Settlements of this nature also reflect a troubling skepticism. They signal a lack of confidence in the law firm’s ability to advocate for clients and suggest that being beholden to governmental authority is preferable to maintaining an uncompromised position. Furthermore, these decisions convey a message of disillusionment regarding the justice system itself, implying that capitulation is a more viable option than engaging in litigation, even when there are strong grounds for victory.
As legal professionals, let us strive to be optimistic—not just about our clients, but also about the justice system we are sworn to protect. Rather than retreating in the face of adversity, we must embrace our role as key defenders of the law, ensuring that our clients’ rights are not only preserved but vigorously asserted in court. The time has come to choose litigation as a means of upholding our principles and our society’s commitment to true justice.
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