Biglaw’s Trump Surrender

Tom Borman, LawFuel contributing editor

In what appears to be a growing trend across the US biglaw business, five additional major law firms have committed substantial pro bono resources in response to recent executive branch pressures.

Kirkland & Ellis, Latham & Watkins, A&O Shearman, and Simpson Thacher have each pledged $125 million in pro bono services, while Cadwalader has committed $100 million toward initiatives aligned with current administration priorities.

The commitments come with additional strings attached. Most of these firms have agreed to EEOC “compliance monitoring” of their hiring practices, effectively inviting unprecedented government oversight into their personnel decisions.

This development alone has raised eyebrows throughout the legal community, and significant pushback from some key legal leaders, as anyone might expect, particularly as it follows comments from President Trump suggesting private law firms might be tasked with negotiating trade agreements or coal-leasing deals, proposals that raise significant constitutional questions about the appropriate boundaries between public and private sectors.

The industry response has triggered notable departures across multiple firms. Andrew Silberstein left Willkie in what colleagues characterized as “epic fashion,” while Siunik Moradian departed Simpson after publicly criticizing the firm for “bending the knee and kissing the ring of authoritarianism.”

They join earlier resignations from Rachel Cohen and Thomas Sipp in what appears to be growing dissent within the associate ranks.

Perhaps more telling are the senior-level departures. Paul Weiss special counsel Steven Banks (left) and Willkie senior counsel Joseph Baio, previously a member of that firm’s executive committee, have also resigned.

Baio’s parting statement about joining “the fight against governmental tyranny, unconstitutional decrees, and social injustice” signals the depth of internal discord these developments have created.

Adding fuel to the biglaw fire emanating from the White House, 400 partners have joined the newly established Law Firm Partners United LinkedIn group, described by one member as a “safe space” for discussing concerns about firm responses.

Group founders Neel Chatterjee and David Cross have suggested the organization might evolve beyond its current networking function, potentially filing amicus briefs challenging the executive orders in question.

With each new firm announcement, the calculus for those still holding out becomes increasingly complex, raising the question: at what point does principle outweigh pragmatism in the boardrooms of America’s elite law firms?

The bending-at-the-knees and high level defections, combined with associate dissatisfaction among many firms has seen a major seismic tremor shaking the legal business in the US. The effects of what has happened have yet to play out.