American Bar Association took a stand

[Ms. Toad]

22. Again - you slammed the ABA. The ABA has zero to do with the complaints you have.

Either your initial arguments, or the ones you are making now.

As for arguments made in court - an attorney's obligation is to argue an interpretation of the law that serves their client. They cannot misstate the law to the court. But they are free to argue that the law, accurately stated, supports their client's position. That is how the adversarial system works. You don't get sanctioned, or disbarred, for doing your job. It is the judge's (or jury's) job to determine which outcome is consistent with the law.

Personally, I would resign before I made those abhorrent arguments (and, frankly, would not have taken the case/job in the first place - as I have refused to take any job that required me to impose or continue (on appeal) the death penalty). But every client - not matter how horrible is entitled to representation. And representing them by arguing that the law supports their action - no matter how horrific - is not grounds for sanction.

As for Giulianni being the rare case - I see you ignored the rest of the resolved and ongoing ethics cases. And I didn't even list the criminal cases that are being litigated, or have been resolved, against some of the others, since you were focused on license-related consequences.

The ABA's position 3 weeks ago, and now, is solid and courageous - given the retribution that is likely to take place. Your attack on them for matters over which they have absolutely no control is unjustified.