Whether you’re a multinational corporation or an individual, what are you looking for in a law firm? Skill? Excellence? Integrity? Experience? Breadth? Cowardly capitulation?
The deal materialized after the head of the firm, Brad Karp, went to the White House this week and had a face-to-face meeting with Mr. Trump to discuss a resolution. Members of the legal profession said in interviews that they were surprised by the deal, as it appears as if the firm — which is dominated by Democrats and has long prided itself in being at the forefront of the fight against the government for civil rights — was capitulating to Mr. Trump over an executive order that is likely illegal.
No doubt Brad Karp wanted to rid his firm of the taint and burden of the horrendous Retributive Order issued by Trump in punishment for Mark Pomerantz’s involvement as special assistant with the New York County District Attorney.
In 2022, Paul Weiss hired unethical attorney Mark Pomerantz, who had previously left Paul Weiss to join the Manhattan District Attorney’s office solely to manufacture a prosecution against me and who, according to his co-workers, unethically led witnesses in ways designed to implicate me. After being unable to convince even Manhattan District Attorney Alvin Bragg that a fraud case was feasible, Pomerantz engaged in a media campaign to gin up support for this unwarranted prosecution.
It appears that, unlike others which appear facially coherent, Trump wrote this EO up himself. And to add insult to injury, he tossed in some DEI red meat. Mind you, the remedy for employment discrimination is Title VII, not a Trumpian grievance order.
Additionally, Paul Weiss discriminates against its own employees on the basis of race and other categories prohibited by civil rights laws. Paul Weiss, along with nearly every other large, influential, or industry leading law firm, makes decisions around “targets” based on race and sex. My Administration is committed to ending such unlawful discrimination perpetrated in the name of “diversity, equity, and inclusion” policies and ensuring that Federal benefits support the laws and policies of the United States, including those laws and policies promoting our national security and respecting the democratic process. Those who engage in blatant discrimination and other activities inconsistent with the interests of the United States should not have access to our Nation’s secrets nor be deemed responsible stewards of any Federal funds.
Facing the threat of Trump’s order, Brad Karp immediately girded his loins to fight back dropped to his knees to beg Trump for mercy.
In the deal, Mr. Trump said, the firm agreed to a series of commitments, including to represent clients no matter their political affiliation and contribute $40 million in legal services to causes Mr. Trump has championed, including “the President’s Task Force to Combat Antisemitism, and other mutually agreed projects.”
It’s unclear how the money will be used to help the task force. The firm, Mr. Trump said, also agreed to conduct an audit to ensure its hiring practices are merit based “and will not adopt, use, or pursue any DEI policies.”
Providing $40 million in legal services to whatever cause Trump says is not only ethically dubious, but compromises the firms’ representation of other clients should it be in conflict. But that’s not all Karp agreed to.
The White House said that Mr. Karp had acknowledged “wrongdoing” by one of the firm’s former partners, Mark F. Pomerantz. Mr. Pomerantz had tried to build a criminal case against Mr. Trump several years ago while working at the Manhattan district attorney’s office. It was not clear what wrongdoing Mr. Trump was referring to.
Not clear? The order made it very clear that Pomerantz’s “wrongdoing” was prosecuting Trump. And Pomerantz was having none of it.
In a statement, Mr. Pomerantz denied he had done anything wrong.
“I engaged in no wrongdoing by working as a prosecutor to uphold the rule of law,” Mr. Pomerantz said on Thursday evening.
Granted, the order sought, and would have the effect of, damaging the firms’ ability to practice, which had long supported Democrats and engaged in litigation against the government.
The firm has long prided itself on breaking barriers and standing up to the government on issues like civil rights. Its website trumpets how it was the first major New York City firm to have Jewish lawyers working alongside Gentiles, to hire a Black associate and to have a female partner.
But that was then and this is now.
In a statement posted on social media by Mr. Trump, Mr. Karp said he is looking forward “to an engaged and constructive relationship with the president and his administration.”
Judge Rifkind must be spinning in his grave. More importantly, no client can trust that the firm is dedicated to its cause, nor lawyer at the firm trust that the firm won’t call out her “wrongdoing,” should something displease the firms’ master, Trump.
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While my sense of humor tends more toward the ribald and the risque, I can and do appreciate subtlety when I encounter it. I really enjoyed, “It appears that, unlike others which appear facially coherent, Trump wrote this EO up himself.”
Sorry, if that comes uncomfortably close to being a tummy rub.
The lawfare against Trump was extremely harmful to our justice system; especially to the public trust in its fairness and credibility, and I had hoped that Trump would “show them how it’s done” by not using state power to attack his enemies. His recent actions are disappointing. This is not what I expected “Making America great again” to look like.
I heartily applaud his attacks on government fraud and waste, but by weaponizing the power of the presidency against his personal enemies, he is joining his attackers in a bipartisan assault on the rule of law.
So big firms aren’t an unassailable bastion of ethics and morality? I guess this should be a lesson to all of us.
A pathetic cave in. Essentially Trump tried to ban a law firm for acting in a cause he didn’t like. Rule of law is pretty much over now in USA.
Lots of firms and universities and officials are getting out of Trump’s way because they don’t want to be damaged in the fighting. Lots of other people are still contesting the administration’s actions. Probably enough to stymie most of his initiatives in the long term.
It’s a $40m slush fund, to be paid in legal services instead of cash, obtained by extortion.
The future I see is certain BigLaw firms collapsing, and new law firms being created by those who used to be there.