President Trump's recent series of executive orders targeting law firms has sparked controversy and concern among legal professionals in Illinois. The orders, which some argue are unconstitutional, direct federal agencies to retaliate against law firms associated with advocacy or clients disfavored by the former president. Measures include suspending security clearances, denying entry to federal buildings, and canceling contracts.
"We have an oath to uphold," said Illinois Attorney General Raoul in his op-ed for Crain’s Chicago Business, criticizing the actions as "a threat to the rule of law." He highlighted the protection offered by the First Amendment to lawyers representing controversial clients and causes.
Several law firms have taken legal action against the executive orders. Perkins Coie, Jenner & Block LLP, WilmerHale, and Susman Godfrey LLP are among those challenging the orders, supported by firms such as Williams & Connolly LLP, Cooley, Clement & Murphy PLLC, and Munger, Tolles & Olson LLP. Hundreds of other firms have shown support through friend-of-the-court briefs and similar initiatives.
However, notable capitulations have occurred. Several prominent firms, including Paul, Weiss, Rifkind, Wharton & Garrison LLP; Skadden, Arps, Slate, Meagher & Flom; Willkie Farr & Gallagher; and Milbank, have reached agreements with Trump. Recently, Kirkland & Ellis, Latham & Watkins LLP, A&O Shearman, Simpson Thacher & Bartlett LLP, and Cadwalader, Wickersham & Taft LLP, also made deals influenced by Trump's agreements. The firms have committed nearly $1 billion in pro bono services to Trump's preferred causes under these guidelines.
The consequences of these executive orders and subsequent capitulation by some law firms are far-reaching. "The capitulation...inflicts harm on Illinoisans, our judicial system and the rule of law," stressed Raoul. He emphasized that a well-functioning judicial system relies on lawyers taking on challenging cases without government retribution. Vulnerable groups face increasing hurdles to legal representation, with an amplified impact on those reliant on free legal aid.
These developments have also shaken the legal community. Raoul noted that the executive orders restrict firms from engaging with certain clients, prompting resignations from attorneys like Chicago's Rachel Cohen. Aspiring law students face tough decisions, potentially shaping the legal profession for years.
In his role as Attorney General, Raoul is actively seeking resistance against the executive orders. He has sent an open letter urging legal professionals to unite in opposition and has led a friend-of-the-court brief alongside states supporting Jenner & Block's lawsuit challenging the executive order.
Raoul's message was clear: "I will not sit by silently as the president bullies and retaliates against law firms for representing clients who are politically disfavored or vulnerable."