The Price of Principle: The Cost to Law Firms for Defending the Rule of Law

• Pages: 28-29
• Date: 01 July 2025
• Published date: 01 July 2025
• Author: Daniel S. Wittenberg
• Subject Matter: Administrative & Public Law

Published i n Litigation News Volu me 50, Number 4 , Summer 2025. © 2 025 by the Americ an Bar Associa tion. Reprodu ced with permiss ion. All rights r eserved. Thi s information or any p ortion

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s Donald Trump’s second presidency unfolds, law

rms across the United States are grappling with

the consequences of defending the rule of law in

the face of political retaliation. The legal profes-

sion has long served as a guardian of democratic

principles. In Donald Trump’s second administration, how-

ever, law rms that challenged executive overreach have faced

unprecedented nancial and professional challenges. Let’s look

at the nancial, reputational, and ethical costs borne by legal

institutions that stood up to the Trump administration—and

the broader implications for the legal profession and American

democracy.

A Legal Blitzkrieg

Donald Trump’s return to the presidency in 2025 triggered

a wave of executive actions targeting perceived adversaries,

including law rms. These actions included revoking security

clearances for lawyers, canceling federal contracts, triggering

Equal Employment Opportunity Commission investigations into

diversity practices, and barring law rm employees from govern-

ment premises. High-prole rms such as WilmerHale, Perkins

Coie, and Jenner & Block were among those targeted for repre-

senting clients or causes that challenged the administration.

John Keker, San Francisco, CA, likened the situation to

being at the mercy of the government and a protection racket,

suggesting Trump’s actions resembled bribery. Keker stressed

that the legal profession must protect the rule of law and remain

independent from the executive branch, warning that presiden-

tial control of the legal profession indicates a dictatorship.

Despite legal victories in court, where judges struck down

administration actions as unconstitutional, the rms involved

paid a steep price in terms of resources, time, and public scrutiny.

The Deals

To avoid punitive measures,nine major law rmsentered

into agreements with the Trump administration. These deals

required the rms to providehundreds of millions of dollars

in pro bono legal servicesfor causes aligned with Trump’s

agenda, such as:

• supporting veterans;

• combating antisemitism; and

• promoting “justice system fairness.”

Five rms to recently sign deals were:

• Kirkland & Ellis;

• Latham & Watkins;

• Simpson Thacher & Bartlett;

• Allen & Overy Shearman Sterling; and

• Cadwalader, Wickersham & Taft.

Four of these rms agreed to provide$125 million eachin

legal services; Cadwalader committed to$100 million.

Collectively, the ve rms that made these recent deals brought

The Price of Principle: The Cost to Law

Firms for Defending the Rule of Law

By Daniel S. Witt enberg, Litigation News Associ ate Editor

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SUMMER 2 025 • VOL. 50 NO. 4

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