The Trump administration is continuing its attack on law firms. On March 22, President Trump issued a presidential memorandum asking Attorney General Pam Bondi to pursue punishment for law firms engaged in “frivolous, unreasonable and vexatious litigation.” It also directs the Department of Justice to look back over the last eight years for "misconduct."
The punishment would be similar to what was already doled out to Covington and Burling, Perkins Coie, and Paul Weiss. Namely, revocation of security clearances, a prohibition on working with the federal government, and limited access to federal government buildings (including courthouses).
This comes on the heels of the Trump administration's victory over Paul Weiss, who committed to $40 million in legal services to the Trump administration in return for having the executive order targeting them rescinded.
Some Firms Fighting Back
The contrasting approaches between Paul Weiss and Perkins Coie have been much-discussed. Perkins Coie recently won a preliminary injunction against their executive order, while Paul Weiss negotiated to rescind theirs.
Other law firms are also facing a choice: Respond to these attacks or hope to fly under the radar.
Two litigation boutiques, Selendy Gay and Keker Van Nest, have responded. The former issued a press release stating that it "rejects the notion that the government can punish lawyers for their choice of clients."
Similarly, Keker Van Nest called the new directive "inexcusable and despicable,” according to Bloomberg Law.
Selendy Gay is currently suing the Trump administration over the abrupt termination of career federal government employees. Keker Van Nest has six active lawsuits against the government.
Most BigLaw firms, on the other hand, seem to be hoping to fly under the radar. This could reflect their clientele, who often have to do business with the federal government and are unlikely to want their law firm to be in a public dispute with the Trump administration.
DEI Programs Targeted, Too
The EEOC is also investigating at least 19 law firms over their DEI policies. Acting Chair Andrea Lucas sent a letter to 20 elite law firms requesting information about diverse clerkship opportunities and the use of affinity groups.
The firms have until April 15 to respond. As of yet, no formal charge of violating Title VII has been made.
Message Is Unmistakable
If the message was unclear, former White House chief strategist Steve Bannon recently made it plain on Real America’s Voice’s War Room. The goal is to bankrupt certain Big Law firms seen as an obstacle to imposing the administration's agenda or who previously opposed President Trump or his administration in legal matters.
Specifically, he said, "What we are trying to do is put you out of business and bankrupt you." Law firms under investigation may soon have to decide which avenue to avoid financial catastrophe is best for their firm.
Related Resources
- ABA Halts DEI Standard for Law School Accreditation (FindLaw's Practice of Law)
- Paul Weiss Makes Deal With Trump Administration to Avoid Executive Order (FindLaw's Practice of Law)
- While Blocking Order Against Perkins Coie, Judge Likens Trump to the Queen of Hearts (FindLaw's Practice of Law)
