More than 100 past presidents of US state, local and national bar associations issued a letter on Monday cautioning attorneys against the filing of meritless election lawsuits. The letter’s authors reminded attorneys that it is their “sacred responsibility” to “safeguard the rule of law.”

According to the letter, attorneys are “duty-bound” to make certain that lawsuits are “based on solid facts, backed by law and free from any intent to harass or waste the court’s time.” The claim is backed by both federal and ethics rules.

Rule 11 of the Federal Rules of Civil Procedure requires that moving parties certify that their claims “have evidentiary support,” are not intended to “harass [or] cause unnecessary delay,” and are warranted by present law and “nonfrivolous” arguments. Additionally, the American Bar Association (ABA) Model Rules of Professional Conduct Rule 3.1 states that a lawyer “shall not” bring a claim unless done “in good faith” and having a “basis in law and fact.” The majority of states have adopted some or all of the ABA Model Rules.

Authors highlighted the nearly 100 lawsuits filed before the election on Tuesday as providing a stark contrast to the rules. Many of the complaints alleged widespread voter fraud and requested increased scrutiny of mail in ballots and purging of voter registrations. The letter stated that many of these lawsuits were filed despite there being “no evidence” in support of the complaints, violating the filing lawyer’s duties.

As a further warning, the letter compared current 2024 election lawsuits to the 628 lawsuits filed before and after the 2020 election. Many of the lawsuits were voluntarily dismissed with the filing attorney receiving sanctions or disbarment. Rudy Giuliani serves as the most well known example.