Dear Fortune 500: Fire Trump-Fearing Firms

Businesses should follow Microsoft's lead and fire any law firm that has caved to Trump. Not because of altruism, but for pure self-interest. Do you really want lawyers who are that weak and cowardly?

Dear Fortune 500 and other companies, big and small, from a lawyer who fought Donald Trump — and won:

You have a decision to make, although you may not even realize it yet.

There is a good chance that you do some of your legal work with one or more of the firms that have cravenly caved to Donald Trump rather than fight him: Paul Weiss, Kirkland, Latham, A&O Shearman, Skadden, Milbank, Willkie, Cadwalader, and Simpson Thacher. Together, these firms have pledged almost a billion dollars in pro bono legal work to support Trump-selected pet projects.

“You’re fired!” It’s not just a catchphrase for a charlatan playing a successful mogul on TV — it’s also what any smart business should say when its lawyers surrender to a charlatan without a fight.

Yes, this is a despicable appeasement of fascism — but that’s not what this letter is about. Whether our nation remains one of laws and not of tyrants, whether or not we descend into a Kremlinized hellscape of a dictator using the force of the government to turn free people into sycophants and to turn his chosen cronies into oligarchs, whether We the People can in fact keep the Republic we have inherited — all of these things are vital, and yet we can put all of them aside.

There is an even simpler consideration for you.

Money.

Pure self-interest.

A laser-like focus on shareholder value.

All of these law firms share one thing in common: they surrendered, without a shot, some without even being fired upon. Rather than going to court to fight for themselves, they traded their dignity and integrity for humiliation at the feet of their opponent.

Is that how any lawyer should act? Ever? Aren’t lawyers supposed to be fighters? Whether it is a deal, or a patent application, let alone litigation, the entire point of being an attorney is zealous advocacy.

You want a lawyer who will have your back, not a lawyer who has no spine.

If they refused to fight for themselves, how will they ever fight for you and your company?

Vest no credence in the self-serving excuses from these firms, about how they needed to protect themselves and their people — making it seem like they had no choice but to bend the knee. The firms that have fought back, like Perkins Coie and WilmerHale and Jenner & Block, were quickly able to achieve victories in court against what is so obviously a flagrant abuse of power and violation of the First Amendment.

The caving firms did have a choice. And they chose poorly.

Now, you have a choice. Will you choose to continue to be represented by a law firm that faced a tough opponent and immediately blinked? Do you want advocates who not only gave the bully all their lunch money but promised to do free work for the bully and his buddies?

If you’re worried about going out on a limb, fear not. You already have an example you can point to, to show your bosses or your Board that firing the caving law firms is a sound business decision that strongly supports the bottom line.

Microsoft.

Without fanfare, on a major matter, they fired Simpson Thacher (which caved to Trump) and replaced them with Jenner & Block (which fought back).

We don’t know why. Microsoft has not released a statement. They have not taken a vocal public stand in defense of the Republic.

But they don’t need to. And neither do you.

You can simply do the right thing for your business — and if it also happens to be right thing for America, that is a happy coincidence.

Your deals will be better negotiated. Your applications will be stronger. Your litigation matters will be more fiercely and incisively fought.

And your shareholders will thank you.

Sincerely yours,

Tristan Snell

(WilmerHale alum and former NY AAG who prosecuted Trump University)