Making Big Money But Losing Your Soul: The Shame of the Legal Titans

As part of U.S. President Donald Trump’s seemingly endless journey on the Good Ship Retribution, he has, as widely reported, now fired shots across the bow of a number of law firms. Their “crime” has been having the audacity to employ lawyers Trump dislikes or representing people or causes he dislikes. The sanctions he wants to enforce are significant, including barring the offending firms’ attorneys from receiving federal contracts, striping them of security clearances, and even barring them from entering federal buildings. And this is in addition to launching federal investigations into their DEI policies.

Because, after all, what could be worse than diversity, equity, and inclusion?

The law firms Trump is attacking are, at least mostly, huge operations, the type of firms that are collectively known as “Big Law.” While some of these firms are fighting back, many have chosen to cut a deal. In other words, they’ve caved. Large firms that have folded include Milbank, Paul Weiss, Skadden Arps, and Willkie Farr & Gallagher. The “honor” of being regarded as the leader of the pack, however, goes to Paul Weiss, as the first to cave.

While earning a living is important, being a lawyer is about much more than money.

As an attorney practicing in a small law firm in Wichita, Kansas, I have little in common with lawyers working in Big Law firms. A Paul Weiss lawyer and I are both attorneys, but we practice in different worlds. For 40 years I have defended healthcare providers in malpractice cases. These lawsuits sometimes involve millions of dollars. That’s chicken feed to these guys. The top Big Law litigators will at times handle litigation involving hundreds of millions of dollars or even more, while, at the same time, the firm’s business lawyers represent corporations in transactions involving multiple billions of dollars.

These Big Law firms are immense. Paul Weiss has over 1,000 lawyers.

My firm has six, and that includes one who is basically retired.

Top partners in Big Law firms like Paul Weiss can charge $2,400 an hour or more.

My usual billing rate is less than a tenth of that number.

The annual pay last year for an equity partner in Paul Weiss was $7.5 million.

My pay is, shall we say, somewhat lower.

A true multinational firm, Paul Weiss has offices located from Asia to Europe and their home base in North America, with offices in both the U.S. and Canada.

My firm has just the one office and none of us have practiced law outside the United States. But I have visited Canada a few times.

I do, however, have one thing in common with Big Law attorneys. We all took the same oath to support and defend the Constitution which, by definition, includes supporting and defending the Rule of Law.

Very few lawyers specialize in constitutional law or professional ethics. Most of us practice in areas like divorce cases (family law), defending or prosecuting criminal cases (criminal law), trying civil lawsuits (trial lawyers), probating wills (estate practice), and representing corporations in business transactions (business law). Working in these specialized areas of the law there’s little occasion to think deeply about concepts like defending the Constitution. But the oath, and the lawyer’s obligation to follow it, is always there.

Law is a profession, but also a business—and, as they say, the business of business is business—in other words, making money. And there is nothing wrong with this. EMS providers save lives, but they also have bills to pay. The need to pay bills is just as true for lawyers. But while earning a living is important, being a lawyer is about much more than money.

Those leaders of Big Law, still refusing to vigorously defend or even speak out in support of the Rule of Law, need to consider what matters most to them. What they would most want to be remembered for—maximizing profit or defending freedom?

Defending the Constitution when, and if, the need arises must always come first. This is true even when doing so is painful, which at times it can be. As a publication of the American Bar Association has said, lawyers “are obligated to act in support of the U.S. Constitution in all situations, especially where it’s the hardest for you.”

Many lawyers have gone through an entire career never having to face an issue like this. But those of us practicing today aren’t that lucky. We live in a time when the survival of the Constitution and the Rule of Law are in the greatest jeopardy since the Civil War. The American people decided to give the staggering power of the presidency to a man who has never tried to conceal his hunger for absolute power, nor his love of cruelty.

Making matters worse, the separation of powers, which is supposed to protect us from presidential overreach, has, in the words of Don McLean, caught the first train to the coast. Congress is moribund. The Supreme Court hasn’t clearly spoken yet. There is reason for concern, given the majority’s far-right ideology, as to how they will rule when the time comes. And even if the Supreme Court rules against Trump he may refuse to accept it, creating a constitutional crisis.

To be honest, I can live with a constitutional crisis. What scares me more is if there isn’t one. That when the general public is finally forced to face up to Trump’s authoritarian agenda, people will yawn and go about their lives. And why wouldn’t they, given the example set by institutions like Columbia University caving to Trump’s extortion/ And the same goes for much of Big Law—choosing the easy route of ignoring their oath to keep the cash flowing into the firm accounts.

Big Law does have much to lose if they fight. Crossing Trump has the potential of creating a serious crimp in their cash flow. Not only would they be risking government business, but they would face a real risk of losing major corporate clients—their biggest cash cow. Corporations will have no problem recognizing that if they continue to retain lawyers who are on Trump’s enemies list, they will face a significant risk that Trump will sic MAGA on them, which could seriously damage their business. If Columbia University and Big Law are willing to kiss Trump’s ring, can anyone doubt that for-profit corporations will do the same?

So yes, Big Law has much to lose. But realistically we aren’t talking about closing the doors of a firm. The worst-case scenario is probably something like equity partners at Paul Weiss only taking home $4 million a year for a few years instead of $7.5 million. But the fact remains, they took an oath. This is part of the quid pro quo inherent in becoming a lawyer. You are allowed to practice your profession, but to do so you must first take an oath accepting the obligation to support and defend the Constitution. This is a duty all lawyers share, whether they work in big firms, small firms, corporate legal departments, the government, or a nonprofit entity. It’s a big part of what defines us.

To abandon that pledge at this moment, when the Constitution is in mortal danger, is shameful. Those leaders of Big Law, still refusing to vigorously defend or even speak out in support of the Rule of Law, need to consider what matters most to them. What they would most want to be remembered for—maximizing profit or defending freedom?

It shouldn’t be a hard decision.