Perkins Coie secured a temporary restraining order against the enforcement of the most egregious provisions of the executive order that targeted the firm. That’s great news for them, but the firm isn’t out of the woods yet.
During the TRO hearing, Perkins Coie’s attorney, Dane Butswinkas of Williams & Connolly, noted the firm has lost clients every day since the the EO was issued. He said the EO “truly is life-threatening. It will spell the end of the law firm.” (Interesting side note on Butswinkas, before returning to Biglaw he was the general counsel at Tesla — W&C described the work as “assisting Elon Musk and Tesla, Inc.,” which adds just another level to this story.)
The potential client issues are likely to continue for Perkins Coie, despite the clear legal victory. The impulse to obey in advance is prevalent in corporate America, and, while they may like Perkins Coie as their attorneys, clients may not want to capture the attention of the (notably vindictive) president. As former Wachtell partner George Conway told Bloomberg Law, “It was essential that Perkins Coie win this, but the problem is everyone in the government knows that the president does not like this particular law firm.” He continued, “People know if they work with Perkins Coie, they will earn the displeasure of the White House.”
Janet Stanton, partner at Adam Smith, Esq., echoed the sentiment, “The issue is that clients are spooked. And the lawyers must react to that.”
As Judge Beryl Howell noted during the TRO hearing, the legal profession was “watching in horror” at what’s happening to Perkins Coie. Because the ramifications of the EO are pretty extensive. John Morley, a Yale Law professor who studies the industry said, “This isn’t like an ordinary business where it can go through a few lean years and come out as something smaller. Law firms aren’t like that. They’re very fragile.”
So, as the firm says, the TRO is “an important first step in ensuring this unconstitutional Executive Order is never enforced.” But the firm still faces an uphill climb.
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].
