Hundreds of associates from leading US firms have joined the chorus of protest against president Donald Trump’s attacks on the legal sector, saying they will lead where their employers have failed.
No major law firm has issued any public statement since the Trump administration started issuing orders against certain firms restricting their security clearance and restricting access to government contracts. This week the federal government’s US Equal Opportunity Commission wrote to 20 firms warning that their equality practices may be unlawful.
Associates from many of those firms are among the almost 500 signatories to an open letter condemning Trump’s actions. The letter, signed anonymously by associates but with their firm and qualifying year included, accuses the executive of having ‘launched an all-out attack aimed at dismantling rule-of-law norms, including by censuring individual law firms by name because of past representation’.
The letter continues: ‘Our hope was that our employers, some of the most profitable law firms in the world, would lead the way. That has not yet been the case, but it still very much can be.’
The letter argues that the administration’s message has been twofold: to punish firms who represent those who oppose it, and to force the sector to comply with its diversity agenda.
It adds that such intimidation may have a knock-on effect for those firms offering pro bono representation to minority groups, warning that as federal funding is cut to already underfunded public interest organisations, much of this representation may not happen at all if firms refuse to allocate resources to provide it.
Rachel Cohen, a Chicago-based finance associate who has promoted the letter, said she remained optimistic that the industry would coordinate and reject the Trump administration’s attempts to intimidate lawyers out of providing certain representation. 'We are committed to rule of law and continued representation of interests the administration believes are adverse', said Cohen, speaking in a personal capacity. 'We’ve tried silence, and it doesn’t seem to be working.'
There have been reports that some of the firms contacted over their DEI policies have taken down articles and commitments to diversity from their websites. None appear to have done so for their UK-based sites.
Justina Omotayo, head of inclusion with UK firm Fieldfisher, urged legal practices to ‘stand firm’ on this issue, even in challenging times. ‘Now is not the time to retreat,’ she said. ‘Now is the time to double down on the business case for inclusion, continue breaking down barriers, and remain resolute in our commitment to fairness and equity in the workplace.
‘This moment calls for courageous leadership. Leadership that does not waver in the face of pressure but instead finds a way to uphold core values while meeting legal obligations. It will not be easy, but it is necessary.’
Meanwhile, 18 law organisations, including the Law Society of England and Wales, have issued a joint statement in response to Trump’s actions against law firms and the sanctions imposed on International Criminal Court personnel and their immediate family members.
The statement urges the US government to rescind the ICC executive order and immediately halt all acts of intimidation, hindrance or harassment of legal professionals.
‘Lawyers must be able to represent their clients without fear of retaliation and must not be punished because of who their clients are,’ the statement says. ‘The independence of the legal profession is fundamental to ensure respect for human rights and is a crucial element of the rule of law.’
Organisations from Germany, France, Italy and Australia were among those to sign the statement, although the Bar Council was not among them.
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