Partner Lashes Out At His Biglaw Firm For Staying Silent In The Face Of Trump’s Attacks On Lawyers

Biglaw is under attack. In an effort to accumulate a $1 billion war chest of pro bono payola to spend on whatever legal fights Donald Trump deems worthy — even post-presidency — the president has used a series of Executive Orders (or the mere threat of them) and the power of the EEOC to get a growing list of Biglaw firms under his thumb.

But there is hope — a select group of Biglaw firms are punching back at Trump’s attempt to unravel the rule of law. Perkins Coie, Jenner & Block, WilmerHale and Susman Godfrey are fighting the likely unconstitutional EOs levied against them. In the Perkins Coie case, the ripest of the litigations, there have been a number of amicus briefs filed to show support for the firm. One of the most notable was coordinated by Munger Tolles & Olson and signed by 504 law firms.

Unfortunately, only a small percentage of the signatories were from Biglaw.

One partner is pretty annoyed about the fact that some of the biggest and most powerful law firms in the nation won’t stand up for the rule of law for fear of Trump’s retribution. Including his own.

So this partner penned a memo and sent it to his partners at the firm, and his frustration at the current landscape is palpable. Tipsters at the firm shared the memo from a partner we’re calling Stand Up Stan.

It is not normal for lawyers to be punished for the clients they choose to represent; it is not normal for law firms to be told what issues or causes they can advocate, zealously, and in good faith; it is not normal for the largest “toughest“ law firms to be cowed into a settlement, forcing them to take on unpopular pro bono causes; and it is not normal for law firms to fail to come together as one in defense of a targeted law firm out of fear of retribution.

And Stand Up Stan sees that the attack on Biglaw is designed to undermine the legal system as a whole

There is simply no way to characterize the recent Executive Orders as other than an authoritarian attempt to instill fear in the legal profession and undermine and independent judicial system, critical to a democratic system. Sadly to say, the recent Executive Orders are having their intended effect as the AmLaw 100 could not muster the collective will to condemn in no uncertain terms that the Executive Orders are a threat to our system of constitutional governance

And he really wishes his firm could get it together to stand up for the rule of law.

Notwithstanding the firm’s good faith efforts in responding to this crisis, I personally believe that the firm should have taken the additional step by signing the brief. I also freely acknowledge that I am nearing the end of my legal career, and I do not have the same financial concerns as some of my younger colleagues. I do know, however, that what is happening is not normal, and that the Executive Orders placed democracy on a slippery slope where Executive Orders will be aimed at groups, more vulnerable, and defenseless than the legal profession. It will be too late to come to the defense of persecuted groups at the legal profession itself stifled by fear of retribution.

Stand Up Stan ends his missive by noting he does not intend to share his position outside of the firm. Well, looks like someone(s) sympathetic to his position reads Above the Law and wanted to share his message with the world — even the anonymous message hits pretty hard.

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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