NYU Law Forum—Lawyers and Democracy: Whose Side Were They On?

Lawyers have long played a vital role in assuring the fair and equitable functioning of our democracy, including through  challenges to voting rules and election administration. But before and  after the 2020 election, some lawyers seemed more intent on subverting the democratic process by seeking, without a legal basis, to overturn or create doubt about the legitimacy of President Biden’s victory. What do the bar's  professional conduct rules and other law have to say about their conduct? To what extent is it legitimate to criticize lawyers because of the goals of their clients or how they represent them, even when they cross no legal or ethical boundary? Of special concern are the actions of lawyers at the Justice Department who seemed, at times, to treat the president, not the United States, as their true client. Do our professional conduct rules and other law need a clearer statement about the loyalty obligations and other duties of government lawyers, at all levels? And how far should this inquiry be extended to actions other lawyers have taken during the last four years that many view as undermining core elements and institutions of US democracy? At this Forum, Dean Trevor Morrison will examine these questions with an eminent group of NYU Law experts.

Panelists

Preet Bharara, Distinguished Scholar in Residence and Adjunct Professor of Law, NYU School of Law; Host, Stay Tuned with Preet

Bob Bauer, Professor of Practice and Distinguished Scholar in Residence, NYU School of Law

Stephen Gillers ’68, Elihu Root Professor of Law, NYU School of Law

Sherrilyn Ifill ’87, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc.

Trevor Morrison (moderator), Dean and Eric M. and Laurie B. Roth Professor of Law, NYU School of Law

To join this Forum as an audience member and receive a Zoom link, please register. If you would like to submit a question for the panelists, you may do so on the registration page. Note on accessibility: This virtual event requires an internet connection and a computer or smartphone. If you need any accommodations, or for any questions, please contact Ian Anderson at ian.anderson@nyu.edu.