In an open letter published Wednesday, amid the Trump administration's unprecedented scrutiny on Big Law, multiple legal groups are calling on elite American law firms to convene and coordinate a unified response to U.S. President Donald Trump's "unconstitutional actions" and "threats to the rule of law and system of justice."
The legal groups include the coalition Lawyers Defending American Democracy (LDAD), the coalition Lawyers Allied Under Rule of Law, and the Steady State—which, according to the executive director of LDAD, "formed in the first Trump term as a loose association that maintained a low internet profile because many members were in government," but has "become much more organized and active" in response to the president's Department of Government Efficiency.
The groups drew a distinction between the several elite law firms who in recent weeks have negotiated deals with the Trump administration either in response to punishments imposed via executive order or to avoid the prospect of an executive order, and law firms who have resisted the Trump administration's pressure.
The law firms Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey have all filed suits challenging Trump's executive orders targeting them. All four have won initial relief in court.
According to the letter, more than 800 other firms, including 17 firms on the Am Law 200—a ranking of top law firms based on gross revenue—have joined amicus briefs in defense of the firms that have sued.
"Lawyers Defending American Democracy calls on the 170 undeclared Am Law 200 firms to avoid the path of those now notorious nine," the letter states.
"If you are one of these firms, you understand that the threatened executive edicts are not legal or enforceable. Rather, they are a tactic designed to enlist you in undermining the rule of law. Any concession by your prestigious firms only helps the administration intimidate the legal profession from challenging its actions," according to the legal groups.
The letter states that negotiating with the administration is futile in part because "there exists no reasonable terms for resolving this dispute."
The letter also points to the fact that all four courts that have heard the cases from firms challenging Trump "have held that the likelihood of these law firms succeeding on the merits is so great that they have taken the extraordinary step of issuing temporary restraining orders against the government’s enforcement." This is evidence, according to the letter, that negotiation is unnecessary.
"If you band together and agree to support one another, the White House strategy will collapse," the letter states. "These threats reveal the administration's own fear. They don't want you in court where they will lose. They are afraid to find out what happens if you and other firms stand together as a profession."
"We must fight because if lawyers don't stand up for the rule of law, who will? If we don't fight for the principles that we have devoted our professional lives to—and that make us a free society—those principles will be forever compromised," the letter concludes.
According to a statement from LDAD, the legal groups behind the letter collectively represent over 1,000 lawyers who who have worked as senior partners, judges, state attorneys general, senior officials at the U.S. Department of Justice, as general counsel for major companies, and state bar presidents.
