It’s A Really Weird Time To Have One Of The Most Prestigious Public Interest Jobs In The Legal Industry

It’s been almost three months since Skadden took the coward’s way out and inked a deal with the Trump administration promising $100 million in pro bono payola — earmarked for conservative clients and causes — in order to prevent the issuance of an unconstitutional Executive Order targeting the firm. It’s a blow to the rule of law, as powerful Biglaw firms signal they’d rather bend a knee than fight to defend the constitution.

In total, nine firms have capitulated to Trump, but the Skadden case has always been perplexing. They were the first firm to proactively make a deal with the administration before they were targeted by an EO. But also because of the questions of how the deal would impact the firm’s prestigious Skadden Foundation and the fellows they hire every year to do important public interest work.

None of those concerns were assuaged when, earlier this month, Skadden Foundation’s executive director Kathleen Rubenstein resigned, saying, “this moment in history calls on us to provide more and better support for public interest lawyers.”

“Funders have many more resources than grantees. We also rarely have our own lives or liberties on the line. The least we can do is act with urgency and courage commensurate with those we support. I felt we had fallen short—or rather, that they haven’t yet risen to that challenge,” Rubenstein wrote. “My hope is that Skadden charts a path that respects the rule of law and honors the core values of the Skadden Foundation.”

Skadden also promised at least five of those fellowship spots would go to folks working on conservative causes. And recent changes to the firm’s website are also concerning. A statement from interim Foundation director Susan Plum reads, “We recognize that maintaining a broad, nonpartisan approach in an increasingly polarized climate is more difficult than ever, and some believe it runs counter to the Foundation’s purpose and values. We fundamentally disagree. In fact, the opposite is true. This moment is precisely when the Foundation must adhere to its core foundational principle of transcending division to enable the Fellows’ work where it is needed most.”

Law.com spoke with several former Skadden fellows, and they are pretty disappointed by the firm.

“A lot of former fellows and I work were obviously shocked by the capitulation, but we’re also shocked at the insinuation that the [Skadden Foundation] does political work, because the point of the Foundation’s work and all of the fellows, and the work that we do is anti-poverty work, and the insinuation that that is a political issue is really problematic,” the former Skadden fellow said.

This is a delightful sentiment that, unfortunately, is woefully divorced from reality. Because if someone told you their number one policy concern was poverty YOU’D KNOW EXACTLY WHO THEY VOTED FOR IN THE LAST ELECTION.

Another former fellow noted the Trump agreement “changes the integrity of the [Skadden fellow] network.” They continued, “More and more, as we hear what’s going on through the news, it’s going to be harder to separate the Foundation from the firm, and I think the longer that they continue to capitulate to Trump, the more difficult it’s going to be to separate the Foundation from endorsing the actions of the Trump administration.”

There was also an interesting tidbit revealed by former fellows.

An online portal for former Skadden fellows to stay connected also appeared to be down for a period around the time of the firm’s deal with the administration, according to several former Skadden fellows. Communication lines to former Skadden fellows have also been quiet

“The website was down for fellows for quite a while, right during the capitulation and immediately afterwards, which has never, in my experience, happened before,” one former Skadden fellow said. “And that was another thing that I would have expected communication from the firm or the foundation about.”

Imagine that! In the wake of a massively controversial deal, Skadden-affiliated people suddenly find they’re unable to communicate with one another?!?!? Feels like I’ve heard this exact story before.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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