Spotlight Is On Sullivan & Cromwell’s Questionable Ethics

Nine feckless Biglaw firms inked deals with President Donald Trump that netted the president a $940 million war chest of pro bono payola to spend on his political priorities, The deals meant the firms acquiesced to the president’s bullying rather than fight the unconstitutional Executive Orders Trump has been issuing (or merely threatening) in order to get what he wants. The deals are a black eye to the rule of law, and though the firms that signed onto them say they were in their best business interests, there’ve been consequences to the capitulation that suggest otherwise.

The highly unusual deals themselves have become fodder for the legal industry’s gossip mill. That’s been especially true since it came out that Bob Giuffra, co-chair of Sullivan & Cromwell, was involved in the negotiation of the deal between Paul Weiss and Trump (the first of the Biglaw deals). Now, we know Giuffra was involved, but *how* exactly he got roped into it is a bit of a mystery — he says he was asked by a PW partner to get involved, but Brad Karp, chair of Paul Weiss, says he was only aware of Giuffra’s role once the negotiations between PW and the administration had begun. Plus S&C represents Donald Trump in a personal capacity in his criminal appeal (despite internal strife caused by that), so there’s a lot going on.

The curious relationship between Giuffra, Trump, and Biglaw is the subject of a new piece in Business Insider. Jacob Shamsian and Jack Newsham note just how unusual this all is, writing, “Giuffra, with no official role in the White House, was weighing in on how the president of the United States used the powers of his office to subjugate a rival law firm.”

At the same time, Giuffra has helped Trump collapse the distinction between the presidency and personal matters. During the negotiations with Paul Weiss, Giuffra didn’t appear to draw any distinction between his role as Trump’s personal lawyer and as someone who was weighing in on how Trump would use his presidential powers, one person familiar with the negotiations told Business Insider.

Giuffra, along with another of Trump’s personal attorneys, Boris Epshteyn, played a central role in the deal between Paul Weiss and the Trump administration. That is deeply problematic.

The blurred lines raise “very severe issues of ethics and professional responsibility,” according to Harold Koh, a law professor who served as the top State Department lawyer in the Obama administration.

Epshteyn and Giuffra played a role in how Trump should use his government powers. But as Trump’s personal lawyers, rather than government employees, it’s not clear if they’re acting on behalf of the people of the United States, or on behalf of Trump’s personal interests, Koh said.

“Government lawyers should do the government’s business and personal lawyers should deal with personal matters,” Koh added. “And the fact that we can’t tell whether these lawyers are operating in official or personal capacity shows why they’re so problematic.”

Blurred lines is more than a controversial Robin Thicke song! But it also represents a theme of the second Trump reign. Trump’s personal vendettas were often the justification for the EOs in the first place, so using his personal lawyers to force Biglaw firms to their knees follows suit.

Earlier: The Curious Case Of Sullivan & Cromwell’s Relationship With Donald Trump

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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