Reply to If Paul Weiss won’t stand up, who will?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This was unbelievable and Paul Weiss had a good case to litigate this.  But they folded rather than take a stand and are paying out $40 mn in cowardice.[/quote]

I am still deciding whether Paul Weiss folded here or not, and this is a major reason why: they didn't agree to pay $40m. They agreed to do $40m in pro bono work for people and groups "across the political spectrum."

First, is there a timeline on this? A firm could easily do $40m in pro bono work over the course of a few years. They set the value of their own work! Throw a few high billing partners on some pro bono matters over a few years and you're good.

Second, they can still choose which cases they choose. In order to cover the "right" side of the spectrum, they don't have to do work for Trump toadies. They can choose cases and clients who they feel comfortable with.

I thin it's possible Trump got nothing here. Though they also agreed to some stuff regarding DEI, I haven't looked at the details. But there are 20 firms facing the EEOC investigations and they are all going to have to figure out how to handle.

Anyway, I am not sure this is the capitulation you all think it is.[/quote]

Nobody's going to respond to this poster? I know nothing about this field, and would have liked some discussion as to what exactly PW agreed to, and what, exactly they can wiggle out of.

[/quote]

Poster is correct that the news has it wrong that PW paid Trump $40m. But that is a lot of pro bono work. More importantly, it entangles PW with the Trump causes for years. Trump has a say apparently in what causes. We know he will continue to jerk PW around.

Another example of bad negotiating. Any real attorney will tell you that entangling yourself with your opponent as part of a settlement is stupid and will lead to more disputes. Stay tuned. [/quote]

Having spent many many years at another biglaw firm and having done lots of pro bono matters while there, I can tell you that this motion “$40 million of pro bono is nothing” is flat wrong. Trump gets to pick the cases, apparently, and practicing law is still practicing law. It is hard work. Work that will overwhelmingly fall to already overworked associates who are very upset by this deal. This is terrible for many reasons, but don’t forget how this will kill their recruiting and retention. [/quote]

Exactly.  For what purpose?  they would have won hands down. And it is not like they are now a R firm and will be hired on that basis.  And I don't think filing suit to protect the constitutional from an illegal (and laughable) EO would have harmed them in any way.  I am work in house and do hire counsel, and these actions really make me think about their competence, or a least the competence of the management committee.  There are a lot of good firms I can hire instead.[/quote]

I don't know. We can look to the previous example of Musk's Tesla/SpaceX/Twitter  and how they swiveled their corporate political convictions to follow the switch in power. [/quote]

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