Above the Law has spent a lot of time and digital ink decrying the cowardly decision of nine Biglaw firms to bend a knee to Donald Trump and ink deals promising $940 million in pro bono payola for conservative causes. These deals have garnered a lot of criticism from around the industry. since the Executive Orders that were threatened were unconstitutional power grabs and many wondered, if a firm won’t stand up to the bullying of the Trump administration for themselves, how will they do it for clients?
But it’s not so cut and dried. After showing their belly, several of the firms decided to use their lawyerly skill to work against Trump’s agenda. We made a big deal when Milbank cut their billing rates to fight on behalf of so-called sanctuary cites. Plus they’re working against Trump’s tariffs in court. And when Skadden took on a pro bono client that runs afoul of Trump’s preferred immigration goals, it was worthy of cheers.
Skadden and Milbank aren’t alone. Reuters reports Latham filed a lawsuit against the administration after it stopped construction on a Danish energy company’s Rhode Island offshore wind farm. Plus, Willkie Farr is representing the Arlington, VA and Fairfax, VA school districts over the Department of Education’s threatened funding freeze over their bathroom policies.
These are certainly good developments. These are absolutely clients and causes worthy of the power and might of Biglaw. But make no mistake: this doesn’t count as absolution.
The deals that Biglaw struck with Trump were the beginning of the erosion of the rule of law. The toehold that the far-right needed to push more and more blatantly unconstitutional policies. And now that everyone to the left of Kash Patel is being investigated by the administration, fingers are absolutely being pointed.
Was it worth it? Well, Paul Weiss sure seems to think so.
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 @Kathryn1@mastodon.social.
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