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

@[email protected].