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Dear John,
Yesterday, one of the nation's preeminent law firms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, took a step that is dangerous for the country, for the profession, and maybe for itself. LDAD executive director Lauren Stiller Rikleen wrote about this in the Boston Globe: In appeasing Trump, law firm surrendered long-held principles [[link removed]] .
The firm had been the subject of an Executive Order that, like so many of the President's actions, was issued to punish the firm for its previous representation of someone on his long list of perceived enemies. Another law firm similarly targeted, Perkins Coie, had responded with a lawsuit, forcefully calling out the order as “an affront to the Constitution.” The judge who issued a temporary restraining order referred to the President’s action as an effort to intimidate the legal profession.
Indeed, it was, and it had the intended effect for Paul Weiss. The firm surrendered to terms so onerous it should be embarrassing to call it a settlement. Among the most outrageous conditions was the firm’s agreement not to adopt or pursue any DEI policies, and to conduct a comprehensive audit of all of its employment practices.
In an email to the firm, the chair of Paul Weiss stated that the firm had simply reaffirmed a Statement of Principles outlined in 1963, to maintain “a membership of partners and associates reflecting a wide variety of religious, political, ethnic and social backgrounds.” The chair seemed to have chosen an odd example for its appeasement explanation. It took 30 years from its Statement of Principles before it promoted its first Black partner in 1993.
But it won’t matter how the firm tries to justify its failure to stand up for itself. The damage is done. The only hope is that the many other law firms who have since been targeted by the EEOC with a dubious investigation into data about their hiring and promotion practices will feel the palpable anger currently being directed at Paul Weiss. If they do, they would be wise to follow the lead of Perkins Coie and collectively engage in action to challenge these edicts.
The anger now directed at Paul Weiss should be a clear message for others: defend your law firm. Show your employees that your institution deserves the same zealous representation you provide your clients.
And, in so doing, defend the rule of law while it is still available to protect.
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Lawyers Defending American Democracy
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Lawyers Defending American Democracy
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Framingham, MA 01701
United States
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