The Trump Administration has directed the Attorney General to seek sanctions for attorneys and law firms that do not follow U.S. laws and professional conduct rules.
High-Profile Example: Marc Elias
There have been serious examples of misconduct. When publishing this news, the White House referred to the case of Marc Elias. In 2016, Elias’s firm was involved in creating a false dossier against the presidential candidate and allegedly tried to hide the role of his client, Hillary Clinton.
In immigration cases, some lawyers and large law firms have reportedly been coaching clients to lie about their past or current circumstances in order to win asylum cases.
Federal Rule of Civil Procedure 11 requires that lawyers not file lawsuits for improper reasons, like harassment or delay. Legal arguments must be based on real law or good-faith efforts to change it, and factual claims must be backed by evidence. Lawyers who break these rules can face sanctions. Rule 3.1 of the Model Rules of Professional Conduct also says lawyers must not bring claims that have no legal or factual basis.
Targeting Frivolous Political Lawsuits
Unfortunately, many lawyers and firms ignore these rules when targeting the federal government or filing baseless political lawsuits. The memorandum directs the Attorney General and Secretary of Homeland Security to heavily enforce rules on attorney conduct and discipline, especially in immigration cases.
The Attorney General must refer attorneys for disciplinary action when they break ethical rules and must review past cases from the last 8 years to identify any further misconduct.The Attorney General is also directed to consider revoking security clearances or ending federal contracts with any lawyer or firm that has been found guilty of misconduct.
Biggest Impact on Immigration and Pro Bono Lawyers
This memo will most likely affect immigration lawyers and pro bono clinics the most, as it references specific federal immigration conduct regulations and calls for enforcement. Overall, this appears to be a small action in the Trump Administration’s overall crackdown.
Aequitas Media 
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