Law Society Council backs international calls for US government to respect rule of law

The Law Society of Scotland has added its voice to the growing criticism of US government actions targeting lawyers both within the United States and overseas.

The Law Society’s governing Council, at its meeting on Friday, 28 March, unanimously agreed to support calls made by the Law Society of England and Wales for the US government to respect the rule of law and ensure that legal professionals can carry out their work without government interference.

A series of executive orders has seen employees of two prominent US law firms have their security clearances revoked due to the nature of their work. Another has targeted those working for the Hague-based International Criminal Court (ICC), stating that “tangible and significant consequences” would be imposed on ICC officials, such as blocking of property and assets, as well as the suspension of entry into the US of ICC officials, employees, agents, and immediate family members.

In March the American Bar Association, which itself has come under attack, issued a statement detailing the hostile environment for legal professionals in the country, which has resulted in reported personal attacks, intimidation, firings and demotions for justice department lawyers and assistant US attorneys.

Susan Murray, President of the Law Society of Scotland, said: “The Council of the Law Society of Scotland unanimously supports the call for restoration of respect for the rule of law, so ensuring that legal professionals can carry out their work without fear of sanction by the US Government.  

“It is deeply alarming that a long-established democratic nation would undermine the rule of law in this way. It is essential that legal professionals can undertake their work without fear or favour and no lawyer should ever be a target of government simply for doing their job.

“As members of the legal profession, we have a special duty to stand up for the rule of law and the independence of lawyers and judiciary, not just here in Scotland, but around the globe. We fully support our colleagues and peers who have been targeted by the US Government and are adding our voice in condemning all and any threats to lawyers for the important work that they do in upholding the law.”

As a signatory to the letter from a number of UK and international bars and associations, the Law Society of Scotland is urging the US government to:

• Rescind the executive order imposing sanctions on ICC personnel and their immediate families
• Immediately halt all acts of intimidation, hindrance or harassment of legal professionals and any improper interference with their work 
• Ensure respect for the fundamental principles enshrined in the UN Basic Principles on the Role of Lawyers that protect legal professionals and ensure they can perform their professional duties without undue interference.