The president is trying to destroy the business of any lawyer or law firm that takes a position or represents a client he doesn’t like. He wants to deny access to government buildings, including courthouses, impose financial sanctions for lawful conduct, and take government business from clients. The financial pressure that the government is putting on lawyers is immense.
The government’s goal is to prevent you and your business or employer from defending yourself against it or challenging any of its actions. The president is trying to destroy the rights to petition the government, to due process, and to free speech guaranteed by the Constitution — and to destroy the rule of law itself.
The president has signed executive orders trying to ruin five law firms, explicitly because someone connected to that law firm took positions opposed to the president. The orders say explicitly that they are retaliation for lawyers serving clients or working for the government itself. He has also signed a memorandum to the attorney general threatening lawyers across the country.
Three firms, Perkins Coie, Jenner & Block, and Wilmer Hale, are standing up for the rule of law, their clients, and the profession and are suing to invalidate these orders. Courageous lawyers at Cooley, Williams & Connoly, and Clement & Murphy. Two, Paul Weiss and Skadden, reached accommodations with the president the terms of which are not clear.
These are all excellent firms with many fine lawyers. But not all of them are worth hiring.
To my friends who are in-house counsel and my friends who are business leaders, I urge you to direct your legal work toward Jenner, Wilmer, and Perkins, as well as Cooley, Williams & Connoly, and Clement & Murphy (and other firms that defend the rule of law), and away from Paul Weiss and Skadden (and other firms that cave to the pressure). If you are using Paul Weiss or Skadden now it may be difficult for you to move some matters, but at least tell the partners you know that you are unhappy and that the firm’s action will hurt its ability to get work from you in the future. You can encourage your lawyer to move to a firm that does not undermine the rule of law.
This is the right thing to do. It is also the best way for you to assure that you will be able to get a lawyer if the government ever comes after you.
Now is the time. Later may be too late.
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As my practice has evolved, I don’t interact with Skadden or Paul Weiss much. Nonetheless, I pledge not to refer any matter to either firm, or to any other firm that joins them. I invite all lawyers to join me in this public pledge.