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Thomas F. Maffei and Edward S. Cheng published in Massachusetts Lawyers Weekly for article on how the Administration is placing government lawyers in ethical jeopardy

Thomas F. Maffei, senior counsel, and Edward S. Cheng, partner, were published in Massachusetts Lawyers Weekly on April 11, 2025 for their article titled “Government’s own lawyers have been placed in harm’s way.”

From the article:

“The administration has placed government lawyers in jeopardy. They are subject to the same rules and statutes that the president’s executive orders instruct the attorney general of the United States and other administration lawyers to enforce against private lawyers and law firms. The president’s memorandum to the attorney general dated March 22 orders the AG to enforce Rule 11 of the Federal Rules of Civil Procedure against lawyers who lie to courts or who assert claims ‘for improper purpose[s],’ including ‘to harass, cause unnecessary delay, or needlessly increase the cost of litigation.’ FRCP 11(b)(1).

This memorandum also instructs administration lawyers to seek sanctions against lawyers who violate Rule 3.1 of the Model Rules of Professional Conduct, which states: ‘A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.'”

Click here to read a copy of the article.

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