In recent months, President Donald Trump’s confrontational approach toward law firms—highlighted by his actions against entities such as Jenner & Block—has largely been met with reticence from many within Big Law. Despite the silence, some firms have taken definitive steps; Perkins Coie initiated legal action against the administration, and Paul Weiss negotiated a resolution. The broader tendency, however, is a cautious quiet, possibly due to fears of becoming the next target, as suggested by Bloomberg Law.
Notably, while many partners remain silent, associates are voicing their concerns. More than 1,500 associates have endorsed an open letter, condemning what they perceive as the administration’s attempts to undermine the rule of law. The organizer behind this initiative, Rachel Cohen, a finance associate at Skadden and a 2022 Harvard Law School graduate, has emerged as a prominent voice in this discourse. Her public actions included sharing a letter on social media, demanding a firm response from Skadden, which eventually accepted her resignation following the firm’s inactivity.
Rachel Cohen articulates the dilemma faced by many in her position. Although she expressed satisfaction with her professional experiences at Skadden, she deemed continuing at the firm unsustainable in light of its silence on pressing legal norms. She emphasizes that this is not just an issue with one firm but a systemic problem across the legal industry.
This internal conflict is occurring at a time when the legal hiring environment is challenged, with a significant decline in associate hiring amid a tepid market. Nevertheless, Cohen suggests that the most proactive associates, who are often the most promising talents, are those pushing for reform.
The actions of Cohen and her colleagues underline a broader message associates are hoping to send. Innovative tactics like ‘recruiting strikes’, where associates abstain from participating in hiring activities at their firms, are being considered as a response to practices scrutinized by the EEOC investigations into DEI initiatives.
Pat Gillette, a former Orrick partner, suggests additional tactics like a one-day work stoppage to convey the associates’ dissatisfaction. Her proposal on LinkedIn suggests that disruption does not need to be severe to make a significant impact.
Privately, the associate momentum continues, illustrated by figures like Ramon Ryan of Orrick. Speaking publicly, Ryan joins the movement urging firms to uphold values professed during recruitment. The silence faced in response to internal requests compounds the fear associated with the current political climate, particularly for minorities within the legal community.
The ongoing debate underscores a critical moment for the legal profession, highlighting the tension between corporate caution and advocacy for fundamental legal principles. As Rachel Cohen concludes, complacency is no longer an option in a climate where the essence of the rule of law is at stake. For further details, visit Bloomberg Law’s report.