How Law Firms Can Use ABA Model Rule 8.4(e) to Counter Trump’s Sanctions

American Bar Association Model Rule 8.4(e), which prohibits lawyers from stating or implying an ability to improperly influence government officials, may directly apply to the firms that negotiated settlements with the White House by pledging pro bono services for administration-favored causes. Seth Katsuya Endo has reported on the issue for Bloomberg.

Beginning with an executive order against Covington & Burling, the administration sought to suspend security clearances, restrict government contracting, and limit federal resource access for targeted firms, including Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey.

Courts invalidated those orders, and the Justice Department’s procedural maneuvering around its own appeal remains pending before the US Court of Appeals for the DC Circuit. Meanwhile, Paul Weiss and eight other firms collectively pledged nearly $1 billion in Trump-directed pro bono services to secure settlements, while firms like Keker, Van Nest & Peters urged profession-wide resistance.

The article argues that the settling firms’ conduct satisfies all three elements of Model Rule 8.4(e). As the article outlines, those three elements are “(1) stating or implying an ability (2) to improperly influence (3) a government official.” With nearly 60 years of consistent enforcement—including disbarment in some instances—the rule is far from toothless, unlike other options frequently cited in this debate.

Critically, the Supreme Court’s 2025 ruling in Trump v. CASA effectively eliminated nationwide injunctions, leaving non-plaintiff firms exposed to future executive orders regardless of existing court victories.

For firm leadership, the governance and risk management implications are significant. They should assess whether capitulation strategies create disciplinary risk that persists beyond any White House deal. Bar discipline under Rule 8.4(e) represents a concrete, enforceable exposure that settlement agreements do not eliminate.