Reminder: It’s Not Biglaw Leading The Defense Of The Rule Of Law

Those waiting for the biggest law firms in the nation to lead the charge (or at least the defense) against Donald Trump and his attacks on the legal system got a shot in the arm last week when, in separate lawsuits, both Jenner & Block and WilmerHale challenged Executive Orders targeting their respective firms. However, that burgeoning sense of hope was quickly replaced with the more familiar despair when Skadden — not even the subject of an onerous EO yet — inked a deal with Trump promising $100 million in pro bono payola.

It’s worth remembering that for all their power and might, the overwhelming majority of Biglaw has been eerily silent on the matter. But not elite boutique law firms. Elias Law Group Chair Marc Elias has been vocal in his commitment to the cause and Keker Van Nest came out swinging against Trump’s bullying of the legal profession.

And more outside of Biglaw have spoken up. Jay Edelson, founder of plaintiff’s firm Edelson P.C., wrote an op-ed in The Hill speaking out against Trump’s blacklisting of Biglaw and how that represents an attack on our very system of justice.

But passionately advocating against systemic issues or flawed judicial decisions differs fundamentally from personal attacks on judges. Blacklisting lawyers or firms simply for representing clients or causes we oppose politically undermines the adversarial process critical to our legal system. And viewing every issue solely through a partisan lens obscures real problems, stifles critical debate and deepens division. 

Litigation boutique Hecker Fink also made a statement:

“The administration’s ongoing attacks and attempts to intimidate lawyers, law firms, and judges are unprecedented and threaten the rule of law and our democratic values. And, sadly, those attacks understandably instilled fear and hesitation, including on the part of colleagues in the bar for whom we have deep respect,” Hecker Fink said.

“As lawyers, we are often across the aisle as adversaries. But we all believe in the same core principles. Protecting our clients and the legal system is something we must do together,” the statement continued. “Our firm commits to stand beside the firms and lawyers targeted by the administration. All of them. And we hope all those that can will do the same.”

As reported by Law.com, tech boutique ZwillGen also spoke up.

“When law firms are punished—or threatened—for the clients they represent or the positions they argue in court simply because the administration disagrees with them, the rule of law begins to deteriorate,” the boutique said. “Efforts to intimidate and marginalize lawyers who challenge executive power erode our institutions while enabling unchecked authority. We call on the legal community to join us and to resist—clearly, publicly, and without apology—these attacks on the foundations of our legal system.”

“If we do not stand up for the ability to practice our own profession, how can our clients believe we will fight for them?” ZwillGen added.

Plus there’s an amicus brief reportedly being circulated by Munger Tolles & Olson (we’ll give Biglaw their flowers when they deserve them) in support of Perkins Coie that firms are considering signing.

For instance, Norton Law Firm, a 19-lawyer boutique based in Oakland, California, said it “will join the forthcoming amicus brief in support of Perkins Coie in its lawsuit against the current administration and encourage our colleagues to do the same. “

The firm said it supports “Perkins Coie, Covington & Burling, Jenner & Block, and the many brave lawyers who have rallied to their defense and the defense of the rule of law. We oppose unjustified and unconstitutional efforts to intimidate lawyers and law firms who take on causes adverse to an administration or its officers.”

Another boutique, Selendy & Gay, posted on LinkedIn, “We stand with the brave lawyers who will oppose any attempts by the government to intimidate members of the bar or judiciary for doing their jobs. We are proud of the great history of respect for the rule of law in this country and believe that the freedom and prosperity that have resulted from the separation of powers at the foundation of this republic are worth defending.”

And while Perkins Coie and Jenner & Block turned to Biglaw to rep them in their legal fight (Williams & Connolly and Cooley, respectively), WilmerHale turned to a boutique (Clement and Murphy — yes, that’s conservative super lawyer Paul Clement’s firm) for their representation.

Small firms are turning up — it’s beyond time more of Biglaw did too.

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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