Business. Touching the Third Rail

• Author: Danielle Braff.
• Pages: 22-23

BUSINESS

Touching the Third Rail

Some lawyers have baked their political views into their firms’ DNA

BY DANIELLE BRAFF

It’s long been acknowledged that

politics should be a topic avoid-

ed on dates, at family gatherings

and at work.

But for some attorneys, being po-

litical has become part of their busi-

ness model.

Daniel Uhlfelder, a Florida attor-

ney, saw his Twitter followers climb

from 400 in December to more than

100,000 in April after tweeting about

former Arkansas Gov. Mike Huckabee,

who wanted to keep the public off the

beach in front of his Florida home.

Uhlfelder, who had been representing

Florida Beaches for All, argued against

Huckabee’s requests and mocked

him. Huckabee responded by ling a

complaint with the Florida Bar against

Uhlfelder, giving the latter more notori-

ety and fame.

“I’ve been someone that’s been

involved in politics and activism, so it’s

part of who I am,” Uhlfelder says. “If

you don’t stand up or speak up, you’re

not doing your job as a citizen.”

Despite living in Florida, which is a

politically divided state, Uhlfelder says

like-minded clients have told him

they hired him because they believe

he’s a zealous advocate for what he

believes in. Additionally, he says he’s

gained business because of his polit-

ical views, both before and after the

Huckabee spat.

On the other hand, when it was

reported in February that he had parted

ways with Florida Beaches for All and

another client, Dragony Sky, it imme-

diately led to speculation that it was

due to political reasons. Uhlfelder says

the split was for other reasons, while

Dave Rauschkolb, the head of both en-

tities, told the Northwest Florida Daily

News it was amicable while empha-

sizing he was “singularly focused on a

nonpartisan effort.”

Potentially losing clients over his

political views was something Luke

Malek, co-founder of Smith & Malek in

Idaho, considered very seriously.

Malek, a former Idaho state repre-

sentative, says owning a business has

caused him to think carefully about his

public positions.

“Every time I take a political stance,

I know that I run the risk, even the

probability, that I may lose or harm a

valued relationship,” says Malek, who

is a Republican.

Malek says his rm has lost clients

because of the political positions he’s

taken, and a few other clients have ex-

pressed anger and frustration. The ip

side, he says, is that the rm has attract-

ed new clients and developed strong re-

lationships with new and existing ones.

He also credits his experience perform-

ing constituent services with helping

him build relationships with clients.

Meanwhile, Jeremy Peter Green,

founder and managing attorney at JPG

Legal, a trademark rm with a four-per-

son practice in Brooklyn, New York,

believes it’s better to have clients who

align with his political views rather

than being forced to defend clients he

doesn’t agree with personally.

Green, who regularly hosts Demo-

cratic Socialists of America events and

political fundraisers in his ofce, is very

open about his beliefs. He even goes

so far as to hint at his politics when he

lists job openings so applicants know

what they’re getting into.

“A few of my clients mention that

they like my politics, and maybe a few

also decide not to hire me because of

it,” Green says. “One of the best things

about running your own business

should be that you don’t have to worry

so much about openly being yourself.”

Work and social worlds

Green’s thinking is indicative of much

of the country, where Americans

appear to increasingly want to work

with others who share their values. A

2016 study by researchers at Welles-

ley College in Massachusetts and the

University of Kansas found that rather

than being attracted to those who have

oppositional values, we’re drawn to

like-minded people.

“You try to create a social world

where you’re comfortable, where you

succeed, where you have people you can

trust and with whom you can coop-

Business of Law | BUSINESS

Daniel Uhlfelder, a Florida attorney,

tweeted about former Arkansas Gov.

Mike Huckabee and watched the num-

ber of his followers greatly increase.

Photo courtesy of Daniel Uhlfelder

22

ABA JOURNAL | JUNE–JULY 2020