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An open letter is being circulated among associates at leading US law firms calling on their bosses to speak out against an “all-out attack” by the Trump administration “aimed at dismantling rule-of-law norms”.
The Associate Open Letter, which is anonymous, asks supporters to list their firms and class year and had 278 signatories at 2pm EDT listed as representing an array of top firms, including Davis Polk & Wardwell, Debevoise & Plimpton, Kirkland & Ellis and Latham & Watkins.
The letter cites last week’s executive order suspending security clearance for Perkins Coie employees and mandating government agencies to take “appropriate steps to terminate any contract” with the firm and an order last month suspending clearances for Covington & Burling employees advising Jack Smith, the special counsel who led two criminal cases against Trump.
Stating that the signatories are “united in our condemnation of the administration’s intimidation tactics”, the letter notes the lack of public opposition to the measures by law firm leaders.
“Our hope was that our employers, some of the most profitable law firms in the world, would lead the way,” it says. “That has not yet been the case, but it still very much can be.”
On Wednesday (11 March) US District Senior Judge Beryl Howell of the District of Columbia entered a temporary restraining order halting key elements of the order, which targeted Perkins Coie for its work for Democrats, including presidential candidate Hillary Clinton in the run-up to the 2016 election.
Perkins Coie issued a statement describing the order as “an important first step”, adding: “We will follow the court’s direction regarding next steps and will continue to challenge the executive order, which threatens our firm, our clients and core constitutional protections important to all Americans.”
However, the reluctance of major US law firms to speak out against the executive orders has been noted by US media outlets, including Law.com, which reported that “some firms were gathering signatures for an amicus brief, but there are lingering doubts whether it will come together”.
In an article posted today on his blog Original Jurisdiction, David Lat quoted an email he had received from the former American Lawyer editor-in-chief Aric Press who wrote: “I am surprised and disappointed that the leaders of the largest law firms – the Am Law 100 – have not individually or collectively denounced President Trump’s executive order punishing Perkins Coie for zealously representing its clients.”
One influential body that has spoken out is the American Bar Association, which issued a lengthy statement on 3 March condemning attacks on judges by administration officials and accusing Trump of punishing law firms because of whom they represent.
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