About a month after the catastrophic return of the Malignant Fascist to the White House, he began unconstitutionally threatening sanctions on law firms that had represented clients he deemed his enemies, or whose lawyers were those "enemies." You might remember some of the firms that demonstrate a weakness of character and capitulated to the MF in order to avoid those unconstitutional sanctions: Paul Weiss, Covington & Burling, Perkins Coie, Skadden Arps, etc., etc. It was rightfully said at the time, if they won't defend themselves, why trust them to defend you?
Well, it seems a subsequent hemorrhaging of top flight talent may have taught those firms and the rest of us a lesson in standing up for what you believe in, regardless of the costs. Matthew Wollin writes at The New Republic about this welcome phenomenon. Here's an excerpt:
This movement of lawyers away from the capitulating law firms was highly directed, with many of them ending up at organizations that were expressly devoted to fighting the fights that their former firms wouldn’t. This included not only existing firms but brand-new organizations devoted to defending the rule of law—organizations that are now handling much of this new wave of litigation on behalf of high-profile public servants suing Trump over their jobs.
Lowell & Associates is one such organization. It is a firm that was launched this past May, headed by a veteran Washington lawyer. Lowell quickly scooped up two of the aforementioned Skadden associates (Cohen and Frey) who publicly quit in protest. The firm’s self-stated mission? “The provision of pro bono and public interest representation in matters that defend the integrity of the legal system and protect individuals and institutions from government overreach and other threats to fundamental rights.” They are currently representing Lisa Cook, three senior FBI agents who were fired for improper political reasons, and Susan Monarez, the former director of the Centers for Disease Control and Prevention, among others.
The Washington Litigation Group is another firm that emerged in the months following Big Law’s Big Capitulation. It is a new “boutique non-profit firm” that was launched this past August, and whose stated mission is to “represent individuals and institutions who have been unlawfully targeted for exercising their rights.” It hired Nathaniel Zelinsky, an associate who left Milbank in the aftermath of the deal, and is currently representing three members of the Financial Oversight Management Board who were improperly relieved of their positions; Tara Twomey, who was ousted from her position as the director of the Executive Office for U.S. Trustees; and Cathy Harris, a former member of the Merit Systems Protection Board who was removed by Trump from her post, among others.
There are also organizations that have built out new capacities that expressly take advantage of all this Big Law talent, such as the new appellate practice at Democracy Forward. Democracy Forward is a “national legal organization that advances democracy and social progress through litigation, policy and public education, and regulatory engagement” that was formed as an express response to Trump’s election in 2016, and has been at the forefront of recent litigation against Trump. Its new appellate practice was launched in August—and then immediately hired a number of big-name former Big Law partners. They are now representing Shira Perlmutter, whom Trump removed from her position as register and director of the U.S. Copyright Office; Alvin Brown, who was removed from his post as vice chair of the National Transportation Safety Board; and Jocelyn Samuels, who was removed from her position as commissioner of the Equal Employment Opportunity Commission, among others.
Then there are all the lawyers who fled the capitulating firms for organizations that, while not new, have nevertheless taken up the fights from which the capitulating firms fled. Jenner & Block—one of only four Big Law firms targeted by Trump that actually fought back (along with my former firm, WilmerHale)—has been a destination for many. It is now home not only to former partners from Latham & Watkins and Paul Weiss but the “mass exodus” of partners from Wilkie Farr. And the new firm started by former Paul Weiss attorneys, Dunn Isaacson Rhee, makes it clear on its website where the firm stands: “While others may shy away from difficult cases, we seek them out. We’re not afraid of big fights, powerful opponents, or hard challenges.” Heavy emphasis on the “others.”
In short, Trump’s attacks on law firms—dire as they were for the rule of law itself—seem to have had an entirely unexpected effect: He’s pushing a large number of lawyers away from the biggest-name firms and into positions that are better aligned with traditional lawyerly principles...
The article gives one hope that there people whom you might least expect that are willing to give up a cushy career path to fight the MF's encroaching American fascism. It also shows that there are serious repercussions, beyond an indelible stain, for those "Big Law" firms who made the craven decision to submit to the autocrat.
(Photo: the MF signs his Executive Order sanctioning Big Law firms / Alex Wong, Getty Images)
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