Cavalry Riding in Protect Law, Ethics Could be 16 Democrats in Congress

What's really going on?

That's what many in America have been asking in the current upheaval of traditional ethics and rule of law since the election. In tarot readings they tell me they feel "powerless" as citizens of the United States. Also they are scared. 

Well, help in sorting this out can come from the power bloc of 16 Democrat lawmakers. Yesterday they sent letters to the nine law firms, ranging from Paul Weiss to Skadden, about the deals they cut with the Trump administration. Essentially the question asked is what motivated the firms to take this action.  Finally, the cavalry might be arriving. 

ABC reports:

[Lawmakers specifically want to know] whether the deals for pro bono work in exchange for the reversal of executive orders issued by President Donald Trump or to avoid being targeted in future missives may violate federal bribery, extortion, honest services fraud or racketeering laws"

Added on to those questions are about state laws and lawyer rules of professional conduct. 

Underlying the query is the concern that such deals could influence how those prestigious law firms select clients. Will they be constrained not to take on cases which could be in conflict with the administration's agenda? 

There is also a stand-alone question for Paul Weiss, which was the first to negotiate with the administration. Its chair Brad Karp went in-person to meet with the President in the oval office. 

The issue is: Paul Weiss agreed with the administration that the prosecutor of Donald Trump's business practices Mark Pomerantz had engaged in "wrongdoing." So what was the nature of that wrongdoing the 16 demand to know? Some of us who followed that prosecution cheered on Pomerantz.

Meanwhile, Skadden also has been hit with another kind of legal issue. That is related to its blocking associate access to the email platform after making the pro-bono deal with the administration. 

Bloomberg Law News reports:

"The National Institute for Workers’ Rights filed an unfair labor practice charge against Skadden with the National Labor Relations Board on Thursday. The group accused the firm of interfering with its associates’ legal rights after it agreed to provide $100 million in pro bono services to the administration, and to curb its diversity, equity, and inclusion initiatives."

In a spirit of compassion there could be an understanding of how law firms needed to make decisions which they assumed, at the time, would protect the business. After all, as studies such as done by David Enrich for the book "Servants of the Damned" law firms are a business, not an altruistic special institution. But there's nothing embedded in the job descriptions of the leadership that heroism is required. 

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