March 13, 2026
Actions have consequences. In theory that’s how our society works – in theory.
But now – the Attorney General Pam Bondi is trying to limit the consequences for lawyers that work for the Trump administration. She is proposing a new rule and for the next three weeks – you can tell her exactly what you think about her new rule. I’m going to tell you all about in a second.
Ok – so what’s going on?
Before I tell you about this rule from AG Bondi and her justice department – you need to know that every single attorney in the United States who practices law and represents clients has to pass what’s called a bar exam in the state where they want to work. In case you didn’t know – it’s a super tough test. Well – that test is associated with that state’s bar association which is the governing body that grants a license to the people who have graduated from law school and have passed their bar exam. Most importantly – before that person can get their license – they must agree to a binding code of ethics and professional guidance. These ethics rules are not. Optional. And according to the American Bar Association — they include things like – maintaining confidentiality with clients, avoiding conflicts of interest, the attorney must be competent, and most importantly – must follow the law “both in professional services to clients and in the lawyers business and personal affairs.” The person who wants to be an attorney must also “use the law’s procedures *only* for legitimate purposes.” One other important note – even if a person graduates from law school and then decides not to take the bar exam or become a practicing attorney – that person is still bound by this very strict code of ethics.
And don’t get it twisted – these state bar associations will investigate and go after attorneys and lawyers who violate their rules and ethics codes. Remember? Actions have consequences – well — there are a whole host of consequences for the bad actions of lawyers. These lawyers can be put on probation, they can be censured they can be suspended or they can be dis-barred which means the bar association takes away their licences and they can no longer practice law. And we’ve seen it happen. Some of the most high profile cases of lawyers who have been disbarred include Rudy Giuliani in 2024. His law license was taken away for making false statements about the 2020 election. Michael Cohen was disbarred in 2019 for pleading guilty to federal tax evasion charges and back in 2001 a guy named F. Lee Bailey who was part of the so-called dream team that defended OJ Simpson was disbarred because of ethical violations while representing another client. And as we speak – a guy named Ed Martin who is a senior official in Trump’s DOJ is under disciplinary investigation by the District of Columbia’s Bar Association – because of threatening letter he sent to Georgetown University.
Ok – now that you know all that –the Department of Justice just proposed a new rule which says – if a lawyer from the DOJ becomes the subject of a state bar association investigation because that lawyer allegedly violated the bar’s code of ethics – that state bar association should stand down until the Department of Justice completes its own investigation into the alleged bad behavior. The rule – if finalized would prohibit either a current or former DOJ lawyer from participating in a state bar investigation if they’re being accused of violating “violated an ethics rule while engaging in that attorney’s federal duties.” And if the bar association refuses to stand down – the attorney general will take “appropriate action to prevent the bar disciplinary authorities from interfering with the attorney general’s review of the allegations.”
So what’s the problem with that? Well – according to legal scholars and a group called Lawyers Defending American Democracy …lots of things. First – they say according to the United States Supreme Court the Department of Justice has no jurisdiction over state bar associations. In a case from 1979 the justices said that state bar associations are responsible for the discipline of lawyers not the Department of Justice. And on top of that – the legal group says this Department of Justice can’t he trusted to investigate the alleged unethical behavior by their lawyers – especially if the alleged unethical behavior was directed by the very same DOJ. They say DOJ could also simply slow walk the investigation so these lawyers would never face consequences if indeed they’re guilty. The Illinois state Bar Association said this rule is “unprecedented, unnecessary and inappropriate.”
I guess the question for you to think about is – if these Department of Justice lawyers are abiding by their required code of ethics while they carry out the bidding of the Trump administration – why would they need to be shielded from their own state bar associations?
Depending on how you answer that question you may want to let AG Bondi and the department of justice know. The public comment period is already open for you to submit your thoughts. You only have until April 6th to send yours in.
Read the DOJ proposed rule here.
Add your comment here.
Read the opposition from Illinois Bar Association here.
Read more from Lawyers Defending American Democracy here.
