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April 27, 2011
Legal Representation of Unpopular Causes
Statement by New York State Bar Association President
Stephen P. Younger
The New York State Bar Association
supports the repeal of the Defense of Marriage Act (DOMA).
Nevertheless, we believe that every party to an action, even one
advocating an unpopular position, has a right to be heard in court. And
we believe that a lawyer who chooses to represent that party should not
be subject to criticism or public pressure to abandon the case. We
believe defending unpopular causes is among the most important things
lawyers do.
While we will not speculate on the
circumstances surrounding the recent events regarding the attorney
defending DOMA, we cannot fail to note what seems to be an emerging
trend of criticizing attorneys who represent controversial
clients. Throughout our country’s history, the right to
counsel and the role of lawyers in taking on unpopular causes have been
hallmarks of our democracy.
While there may be strenuous debate about the merits of a case, we
should all recognize that lawyers’ advocacy for their clients is
one of the cornerstones of our legal system and that lawyers who
represent unpopular causes are to be celebrated, rather than
criticized.
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