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Not a Coward

 Paul Clement just resigned from his law firm. 

The former U.S. Solicitor General writes: “I resign out of the firmly-held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters. . . . When it comes to the lawyers, the surest way to be on the wrong side of history is to abandon a client in the face of hostile criticism.”

He adds that the House will still have his counsel on the Defense of Marriage Act: “I would have never undertaken this matter unless I believed I had the full backing of the firm . . . Having undertaken the representation, I believe there is no honorable course for me but to complete it.”

New on The Corner. . .


COMMENTS   28

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   04/25/11 11:38

I admire Paul Clement's integrity and hope I would feel that way regardless of whether I supported or opposed DOMA.

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DonM
   04/25/11 11:38

Kudos to Paul Clement, a brave man.

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Bill Duncan
   04/25/11 11:38

"Honorable" is certainly the appropriate word to describe Mr. Clement's actions.

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   04/25/11 11:39

Excellent outcome! Paul Clement can continue with a representation that clearly means a lot to him. And the LGBT and equality-minded attorneys and staff at King & Spalding no longer have to support, directly or indirectly, a defense of discrimination that many find repugnant. Remember, the Contract for Legal Services Paul Clement negotiated with the House of Representatives contained a provision prevent all King & Spalding partners and employees - whether involved in the case or not - from personally engaging in lobbying or advocacy for or against legislation that would alter or amend in any way DOMA. This kind of gag rule is overly-broad, unconscionable and actually illegal in many jurisdictions. Now King & Spalding personnel can personally speak out on one of the key civil rights issues of our time. Way to go King & Spalding for doing the right thing.

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Martin M.
   04/25/11 11:39

Exactly! Recalls to mind the high praise NRO showered on the lawyers representing the Gitmo detainees...

Still looking for that link...

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   04/25/11 11:42

Sometimes the lawyers do the right thing. Even the unpopular deserve representation - and able representation at that. The actions against King & Spalding are just another front in what amounts to a war by activists to win by default. If they threaten and pressure businesses and individuals they feel like they can scare away the financial and other support for those who resist their demands, leaving them unable to truly defend themselves - thus the activists win by default as nobody is willing to stand up to them and mount a defense.

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   04/25/11 11:42

Prestigious Law firms provide thousands of hours of pro bono work in support of terrorists at GITMO over the past decade, but defending traditional marriage? That's beyond the pale. Nice to know their priorities are straight.

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Jim DC
   04/25/11 11:43

Kudos to Mr. Clement. It is so rare, and yet extremely heartening, to see a modern-day professional exhibit a true profile in courage. Too often our professionals - especially our top attorneys - give lip service to the concept of "courage" while in fact shying away from anything controversial, risky, or unpopular with their fellows. That is why corporations too often surrender to "lawmail," and why top law firms avoid matters that might upset their clients or members of their social class.

Mr. Clement is an extraordinary attorney by any measure, but by today's act he demonstrates that he is also an extraordinary man.

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JM
   04/25/11 12:04

I fear the gag order Mr. Clements had in the contract disallowing all fellow employees from participating, as private citizens, in DOMA advocacy threw up a real internal firestorm of criticism at the firm. It's a shame about that overreach.

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   04/25/11 12:05

Lawyers defend their representation of terrorists, child molesters and murderers by claiming the Constitution provides even the lowliest of the low with the right to effective legal counsel. Apparently, such devotion to the Constitution, at least for Mr. Clement's former law firm, has its limits and defending the Defense of Marriage Act extends beyond those limits. I'm sure the law firm will have a different view on why Mr. Clement resigned, but the truth is the truth and political expediency is political expediency.

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Kevin Moriarty
   04/25/11 12:39

Jenna,

Constitutional rights to due process and legal representation in the context of a criminal proceeding have no bearing on the DOMA question. At least the Constiatution specifically addresses rights in criminal proceedings; it says absolutely nothing about marriage. You can question the law firm's motives and integrity but don't try to create a false equivalency.

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   04/25/11 12:51

From what I have read, I don't think that the law firm withdrew because of intimidation or because they were gagged by activists. It seems that the contract agreement would have put them in an awkward position, as it contained a provision that prohibited all King & Spalding attorneys and non-attorney employees from any advocacy to "alter or amend" DOMA. And while this seems like common sense, because you don't want a law firm to be publicly divided about one of their own cases, that would amount to breaking labor laws in California for example, where King & Spalding also have offices. So this was a badly drawn contract, and Paul Clement found himself in an untenable position.

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LinUSA
   04/25/11 12:58

FormerOkie wrote: "And the LGBT and equality-minded attorneys and staff at King & Spalding no longer have to support, directly or indirectly, a defense of discrimination that many find repugnant."

I wonder how we will resolve the issue of when and whether people have a right to refuse to do jobs based on "conscience"?

As we see more people taking on or abandoning tasks as a direct result of harassment, this is going to be a big issue.

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   04/25/11 13:22

@LinUSA, you do raise a very good point when you say "I wonder how we will resolve the issue of when and whether people have a right to refuse to do jobs based on "conscience"?"

From what I have seen, it all depends on which conscience we are talking about. I have seen some of the social conservatives here at NRO speaking approvingly of the couple that was disqualified to serve as foster parents because they couldn't allow a child 'to choose' homosexuality, and of the mother who kidnapped her own daughter because, now that she has become a born again ex-lesbian, she wouldn't allow visitation rights to her former female partner who is a legal co-parent of the child.

Personally, I do not believe in compelling people to do business with one another, but laws should apply to everybody equally.

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   04/25/11 13:23

While I don't know all of the details of DOMA, I don't think national laws should be messing with marriage. State laws have worked for years (even though, rightly, some have been declared unconstitutional). We have had different laws for age of marriage and, even when we had miscegnation (sp?) laws, many NC white-Indian marriages were sealed in SC.
That said, any law passed and signed, particularly one as recent as this, deserves defense and I admire Clement for his stand.

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   04/25/11 13:48

@ Kevin
"At least the Constiatution specifically addresses rights in criminal proceedings; it says absolutely nothing about marriage"

Glad you see this. Does this mean you support the defenders of Proposition 8? As the Supreme Court ruled, there is no federal question of states deciding marriage law.

There's also nothing in the Constitution about giving terrorists rights as if they were American citizens. So I take it you condemn AG Holder's firm's work in Gitmo?

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Kevin Moriarty
   04/25/11 14:08

Livewire: I do think it's a state-by-state issue. As for defending terrorists, the lawyers who donated their services were, as I recall, doing so based on a sincere belief that the US Constitution affords some level of due process to individuals in the government's custody. These lawyers and the Supreme Court rejected your position that the Constitution affords no procedural rights at all.

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Michael Ejercito
   04/25/11 14:42

I disagree with this whole course of action, getting a law firm to drop the case simply because it took a legal position unpopular in some quarters, even though that position is backed up by over a century of court precedent.

For another example, Holloday and Chilton, an Oklahoma City law firm, is representing two couples in a lawsuit against Oklahoma’s Question 711 and the federal DOMA. Their legal position is certainly unpopular in Oklahoma, and, unlike the legal position Paul Clement is taking, their legal position requires them to ask courts to defy Supreme Court precedent in order to win their case. But, as much as I disagree with them on the law, I do not begrudge them that assignment.

It is a shame that the HRC could not show that same deference to King and Spaulding.

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   04/25/11 15:48

Three cheers for Paul Clement! As for King and Spaulding: requiem for a once great law firm.

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Little man
   04/25/11 16:45

King & Spalding got some publicity out of the deal. They trust the supporters of DOMA, Nationally, will not boycott their company. Either way, they've broken a contract already signed.

95% of lawyers give the rest a bad name.

We didn't want King & Spalding to defend DOMA, anyway - they wouldn't have done a good job in supporting Paul Clement in his preparations to defend DOMA, a current law. So, this means the USA is no longer a nation of law - i already had that feeling.

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