Trump Versus Big Law: Which Side are You on, Boys, Which Side are You On?

N.Y. Times, Rivals Pounce on Paul Weiss, a Top Law Firm, After Trump’s Order: Fears that competitors could take its top rainmaking talent added to the law firm’s worries about a Trump executive order that targeted it

The Guardian, ‘A capitalistic cowardice’: big law firms being threatened by Trump face pressure to speak out

Letter to Paul Weiss from 140 Alumni

Politico, This Law Firm Stood Up to Government Intimidation—and Came Out on Top: A scrappy law firm decided to represent federal workers accused of disloyalty and survived to become a legal behemoth

Financial Times, Donald Trump widens war on legal industry with order targeting Jenner & Block

Yahoo News, Jenner & Block signals it will stand its ground after being targeted in Trump’s war on Big Law

Comments

Jenner & Block

It’s early days yet, but initial indications are that Jenner & Block is telling Mango Mussolini, “Go pound sand. See you in court.”

That’s consistent with my intuition—for what it may be worth—that in going after Jenner & Block, Trump has picked the wrong bunch of hombres to mess around with. 

Paul Weiss

The New York Times piece is, as the saying goes, deeply reported. In other words, as I would have expected, Paul Weiss is leaking like a sieve. 

I don’t want to be a Monday morning quarterback. I don’t want to make this situation into a medieval morality play. I don’t want to make the Paul Weiss imbroglio a simple story about courage versus cowardice. That said, several points occur.

One, despite all the leaking and all the reporting, I doubt that we’ll ever know, I doubt that the Paul Weiss partnership at large will ever know, what all the key players—the firm’s biggest clients and its biggest movers and shakers—said to one another, to bring about Mr. Karp’s surrender. 

Two, I think the Paul Weiss brand will never be the same. I think that nobody is going to put Humpty Dumpty together again.

Three, I think the situation with the firm is very fluid. A giant law firm looks solid and powerful and invincible from the outside. Until, one day, maybe it isn’t.

A law firm’s assets consist of people. People have legs. They can walk out the door. When enough of them walk out the door, no more law firm. Ask Dewey & LeBoeuf. Ask Howrey LLP. Ask Thacher Proffitt & Wood. And many others.

Third, and closely related: the associates as well as the partners of Paul Weiss are highly skilled and highly employable. Every mother’s daughter and son of them could get an excellent job somewhere else. Tomorrow. They could be sitting at their new desks this coming Monday. 

Fourth, while I’m not predicting the firm’s demise, I do think it will quickly become apparent that the firm has badly blotted its copybook and that its brand will never be the same. 

Who wants to join a law firm that has the reputation for being a bunch of wimps?

If you have major legal exposure and need to hire someone to represent you, who wants to hire a law firm perceived to consist of a bunch of doormats?

Increasingly, it looks like Trump versus everyone else. It looks like Trump stands for kakistrocracy, corruption, and chaos. 

It looks like a time for the legal community to ask, “Which side are you on, boys, which side are you on?”