Scottish legal leaders warn of ‘chilling effect’ as they weigh in on Trump's law firm sanction battle

The Law Society of Scotland has joined regulators and legal bodies from across Europe to support American law firms facing executive crackdown from Donald Trump's administration.

Legal professionals from Scotland are acting alongside bar associations across the United Kingdom and Europe, filing an amici curiae brief in the US Court of Appeals in Washington DC.

The court is currently hearing a joint appeal from four American law firms (Perkins Coie, Jenner & Block, Susman Godfrey and WilmerHale) against executive orders issued by President Donald Trump and subsequent sanctions.

The orders were part of a flurry of executive activity targeting big US firms when President Trump took office for a second time last year.

Scottish solicitors and European colleagues have branded the sanctions "chilling" in their brief and described the use of executive power as "a coordinated campaign to intimidate and punish law firms".

Several leading US law companies, including Paul Weiss, capitulated to Trump's demands. Many were targeted for apparently political reasons or their implementation od diversity, equity and inclusion (DEI) initiatives.

Society President Patricia Thom said: “We are standing together with bar associations from across Europe and the UK in support of our American legal colleagues and the important principles that are a stake in this case.
 
“The rule of law and the independence of the legal professions are critically important to the proper functioning of democracy in the United States just as they are here in Scotland. Government actions designed to have a chilling effect on lawyers are unacceptable in any form.
 
“Our collective submission in this case will provide the court with global context on the importance of these values. It is right that we provide wider perspective and support in this case because of the United States’ long history as a beacon for the rule of law alongside Scotland, the UK and others.
 
“Lawyers around the world must stand up for the independence and integrity of our legal and public institutions and for the values and principles that underpin them. Democracy and the stability and prosperity it brings rest in no small part on their continuing relevance.”