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Rude, crude, and a disgrace to the legal profession?

Posted on November 10, 2024 by Dissent

Mike Davis, a Republican lawyer who has been mentioned as someone who might like to be under consideration as Attorney General under Trump’s next administration, has named one of their first targets: New York Attorney General Letitia James. James prosecuted Trump on state charges and has already indicated she will not back off and is not afraid of his attempt at revenge.

In a podcast this week, Davis stated:

“Let me just say this to Big Tish James.… I dare you — I dare you —  to try to continue your lawfare against President Trump in his second term. Because listen here sweetheart, we’re not messing around this time, and we will put your fat ass in prison for conspiracy against rights, I promise you that. So think long and hard before you want to violate President Trump’s constitutional rights or any other American constitutional rights. It’s not gonna happen again.”

Trump’s supporters might relish the tough talk, but is this considered acceptable professional conduct/speech for a lawyer?  From the ABA’s model rules of professional conduct:

[5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

Does his speech comport with that?

 

 

 

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