King & Spalding partner Paul Clement resigned Monday after vehemently disagreeing with his firm’s decision to withdraw as the attorneys representing the House of Representatives in defending the Defense of Marriage Act in court.
The firm of Bancroft PLLC immediately announced he would join the firm as partner, where Clement will continue his work for the House.
King & Spalding said its controversial decision to serve as counsel to the House had not been properly vetted. The law it said it will no longer defend defines marriage a union between a man and a woman. Earlier this year, the Justice Department announced it would no longer defend the law in court after concluding it violates the rights of gays and lesbians. House Speaker John Boehner (R-Ohio) then said he would lead a defense of the law, hiring Clement.
Clement, a former Solicitor General in the George W. Bush administration, resigned in a pointed letter.
“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. Defending unpopular positions is what lawyers do. The adversary system of justice depends on it, especially in cases were the passions run high, “Clement wrote.
He continued: “Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law. Much has been said about being on the wrong side of history. But being on the right or wrong side of history on the merits is a question for the clients. 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.”
Clement also made what could be a veiled reference to his former firm in a statement about his new firm. “I have known my Bancroft partners for more than 20 years,” Clement said. “They put clients first and deliver results. Bancroft offers its clients premier talent, without all the baggage of a mega firm. We are shaking up the D.C. legal establishment.”
