As the January 6th Committee’s work has confirmed, lawyers played a central role in then-President Trump’s attempt to stay in power despite losing the 2020 presidential election. Many of those lawyers, and their conduct, are subject to ethics rules. But just as Trump and his allies sought to exploit vagueness in the Electoral Count Act, so too have some lawyers evaded accountability because of gaps in the legal profession’s ethical rules. And just as Congress is rushing to fix those statutory holes, state supreme courts also must address certain weaknesses in the rules of professional conduct.
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