Earlier today Above the Law reported that Skadden shut off the ability for its attorneys to send emails via large internal distribution lists. And before that it was widely reported that the firm groveled to the Trump administration, striking a deal that includes $100 million in pro bono payola. Speculation is running rampant at the firm those two events are related, and Skadden is trying to avoid the kind of spectacle that happened earlier this month when third year associate Rachel Cohen, quit Skadden via firmwide email over the firm’s failure to address and admonish Trump’s retaliation against the legal system.
But they forgot about Dre — or in this case LinkedIn (which is actually the social media platform least like Dr. Dre, but let’s let it roll).
This evening now-former Skadden senior associate Brenna Trout Frey posted on LinkedIn her reasons for leaving the firm — and encouraged others to do the same.
Skadden Resignation
Today the executive partner of my former firm sent us all an “update” that attempted to convince some of the best minds in the legal profession that he did us a solid by capitulating to the Trump administration’s demands for fealty and protection money. Fellow Skadden attorneys: If you agree with Jeremy London’s position that the firm should not engage in “illegal DEI discrimination,” should devote prestigious Skadden Fellows to the Trump administration’s pet projects, and should help “politically disenfranchised groups who have not historically received legal representation from major national law firms,” (taking into account the robust pro bono work that major national law firms already do), then by all means continue working there. But if that email struck you as a craven attempt to sacrifice the rule of law for self-preservation, I hope you do some soul-searching over the weekend and join me in sending a message that this is unacceptable (in whatever way you can). As one of my more eloquent former colleagues put it: “Do not pretend that what is happening is normal or excusable. It isn’t.”
There is only one acceptable response from attorneys to the Trump administration’s demands: The rule of law matters.
The rule of law matters. As an attorney, if my employer cannot stand up for the rule of law, then I cannot ethically continue to work for them.
Will Frey’s former colleagues heed her call and help hold Skadden’s feet to the flame? That remains to be seen, but based on the comments Above the Law has received within hours of the details of Skadden’s deal came to light, very few attorneys at the firm are happy with the firm bending the knee.
One said, “this is unfathomably embarrassing. It makes me wonder why institutions amass such power if they’re completely unwilling to act when it’s most necessary. I don’t understand how we can effectively make the argument to clients that we’ll advocate for them when we won’t even advocate for ourselves.” Another said, “I feel disgusted, betrayed, and alarmed. Not helping matters is the flooded DC legal market due to the unjust firing of government attorneys making finding a new employer incredibly challenging. It’s an embarrassment to be a Skadden attorney today.”
While another expressed betrayal at Skadden’s move:
I was always proud of being associated with the firm, for its strength and excellence and also very much its diversity. I chose Skadden because it WASN’T a traditional white shoe firm. That history was very much a part of its DEI efforts and something that resonated strongly with me when applying to firms. When I went to Skadden’s offices for the first time, their diversity was immediately apparent. People looked different, dressed different, spoke different. It was decidedly not a cookie cutter place like some other firms are. They were deeply committed to pro bono efforts, focusing on the most disadvantaged and marginalized communities. I loved all of those things about Skadden, and today they promised to throw that entire legacy away for the sake of protecting their precious profits per partner. I am ashamed of this cowardice by the firm and big law at large.
Are you a Skadden attorney thinking of following Frey out of the firm? Let Above the Law know by email, by text message (646-820-8477), or by tweet (@ATLblog). An insightful response — we’ll keep you anonymous — could find its way into an update to this story.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
