See you later, Rudy Giuliani

| 10:55 pm EDT May 10, 2018
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Rudy Giuliani, Donald J. Trump’s personal attorney, announced that he has resigned from the law firm he had taken a leave of absence from, Greenberg Traurig. Giuliani reported, “This is a full-time job working for the president, and we’ve got to figure this out and get this over with. That’s why the timing is right.” However, reports are that the resignation was forced by the firm.

Richard A. Rosenbaum, executive chairman of the firm, issued a diplomatic statement as well, stating on Giuliani’s departure: “After recognizing that this work is all-consuming and is lasting longer than initially anticipated, Rudy has determined it is best for him to resign from the firm.” But the reason for the departure might be based on representations and statements that Giuliani has made in recent weeks about Cohen, stating: “That was money that was paid by his lawyer, the way I would do, out of his law firm funds. Michael would take care of things like this like I take care of this with my clients.”

Greenberg Traurig is a well-respected, prominent firm and it may have had concerns about such comparisons and his behavior with regard to payments. Spokeswoman Jill Perry told The New York Times that they would not do such things as Giuliani has been touting, stating, “Speaking for ourselves, we would not condone payments of the nature alleged to have been made or otherwise without the knowledge and direction of a client.”

There is good reason for the response of the firm and why lawyers, despite what Giuliani suggests, do not engage in such behavior. Lawyers are bound by the Rules of Professional Conduct and they include various guidelines and rules that lawyers must abide by in their practice, including Rule 1.8. That rule prohibits advancement of funds or assistance to a client with certain exceptions and also prohibits accepting compensation from anyone except the client with certain exceptions. The salient provisions are 1.8(e)(1) and 1.8(f), which provide:

(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:

(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and …

(f) A lawyer shall not accept compensation for representing a client from one other than the client unless:

(1) the client gives informed consent;

(2) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship….

When Rudy Giuliani made those comments, many lawyers wondered what basis he had to make such comparisons, and expected the firm to address it. We now see what has happened, and thankfully, Giuliani now has more time to blow it for Donald Trump.