Guiliani learns that ignoring the Code of Professional Responsibility has consequences

Today, Rudy Guiliani’s license to practice law was suspended for numerous violations of the Code of Professional Responsibility. It is highly unusual for a license to be suspended before formal disbarment proceedings are completed but, according to the court, Guiliani’s total disregard for his responsibilities as a lawyer warranted the suspension.

They were being kind.

The ruling was replete with misstatements and outright lies made by Guiliani in a variety of public forums.

Before getting into some of those, we need to talk about gross stupidity. If you or I knew that our license was in possible jeopardy, we would make the strongest possible case in our defense. Guiliani had the opportunity to do just that in his brief in opposition to the suspension—and didn’t. A footnote to the Court’s decision lays out some of the deficiencies.

In opposition to this motion, respondent refers to affidavits he has not provided. He also relies on a “confidential informant”. We do not understand, nor does respondent explain why, as a private attorney seemingly unconnected to law enforcement, he would have access to a “confidential informant” that we cannot also have access to. At yet another point respondent claims he relies on a Trump attorney who chooses not to be identified. Respondent also refers to hundreds of witnesses, experts, and investigative reports, none of which have been provided or identified and an Excel spreadsheet, also not provided, purportedly listing the names of thousands of deceased voters who allegedly cast ballots in Michigan.

If you are trying to defend your license, this is not a good start.

The court made a special point of noting that lawyers have a heightened responsibility to tell the truth and not to purposely mislead the public. This is particularly true when you are regularly appearing on radio, television and at public events.

Guiliani had a demonstrated history of using inaccurate numbers and “facts” to support his claims of fraud in the presidential election. These ranged from wrong absentee voting numbers in Pennsylvania to wrong “dead voter” numbers in Georgia. When he was proven wrong in every case, Guiliani defended himself by saying that he received bad information from, among others, his legal staff, bloggers, websites and “experts.” Guiliani provided no excuse for perpetuating those lies even after the truth was presented to him.

Lying to the public is one thing. Lying to the court is another entirely. Guiliani did that too. You may remember his disastrous oral argument as the attorney for Trump, et al in the United States District Court for the Middle District of Pennsylvania. There, Guiliani argued that this was a fraud case, even though there were no fraud allegations in the complaint. The court went into some detail:

[Guiliani’s] mischaracterization of the case was not simply a passing mistake or inadvertent reference. Fraud was the crown of his personal argument before the court that day. In his opening remarks, respondent claimed that the allegations in the complaint concerned “widespread, nationwide voter fraud of which this is a part…." He persisted in making wide ranging conclusory claims of fraud in Pennsylvania elections and other jurisdictions allegedly occurring over a period of many years. Respondent argued that the plaintiff’s fraud arguments pertained to the canvassing claim, notwithstanding that there was neither a fraud nor a canvassing claim before the court. Respondent’s fraud argument spanned pages 12 to 31 of the transcript. 

These violations of the Code of Professional Responsibility are easily enough to sustain a disbarment. However, since this is what is called an interim proceeding, the Court needed evidence that Guiliani should be immediately suspended because his conduct threatens the public interest.

Often, these interim proceedings go no further because the respondent demonstrates a change of conduct. In other words, they’ve learned their lesson. As the court record indicates, Guiliani continued to promulgate lies even after the disciplinary proceedings began.

The court made its decision clear.

[W]e conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020. These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client. We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee.

Now consider the response of Guiliani’s lawyers to the 33-page decision.

"We are disappointed with the Appellate Division, First Department’s decision suspending Mayor Giuliani prior to being afforded a hearing on the issues that are alleged. This is unprecedented as we believe that our client does not pose a present danger to the public interest. We believe that once the issues are fully explored at a hearing Mr. Giuliani will be reinstated as a valued member of the legal profession that he has served so well in his many capacities for so many years." 

Well, they had to say SOMETHING.

Guiliani’s license will remain suspended until the full disciplinary process is completed.