The Big Law Bias: To Represent Conservative Clients, Top Lawyers Often Forced To Leave Their Firms

The justice system has become more politicized, according to many experts, and it is feared that the indictment of former President Donald Trump may further fuel this trend. The indictment has brought attention to the politicization of top legal firms, an issue that existed before Trump’s arraignment. Top legal firms, following their corporate clients, have increasingly become politically left-leaning over the past decade. In order to take conservative clients, especially those like Trump, lawyers have had to leave top law firms.

Former Cadwalader, Wickersham, & Taft partner Todd Blanche resigned from the prestigious firm last week to represent Trump. Blanche’s departure was not a unique case. Lawyers face a difficult decision between representing conservative clients and maintaining top law firm partnerships. This has resulted in an imbalance of power within the legal system as the most prominent law firms align with one political party.

Large or “Big Law” firms have represented liberal clients like Bill Clinton, John Edwards, and Anita Hill with ease. Moreover, these firms’ pro-bono work is largely in support of liberal causes, such as affirmative action and abortion. Conservatives and their cases, however, face obstacles in securing legal representation. Conservative clients can create major problems for law firms and their partners, making it difficult for them to take them on.

Lawyers such as Christopher Kise and Paul Clement have left large firms like Foley & Lardner and King and Spalding respectively in order to represent Trump or conservative causes. Lawyers have even been pushed out of law firms for representing ordinary conservatives. The managing partner of a law office believes this is because it is easier for law firms to take on the clients that might offend their Fortune 1000 clients.

The Trump case is particularly extraordinary. Lawyers have been turned off by his notoriety and refusal to pay his legal fees, even for his trusted advisors like Rudy Giuliani. Lawyers may also have been scandalized by Trump’s rhetoric around the 2020 election. Lawyers left Jones Day during the election lawsuits since they believed that Trump was seeking an attack on democracy. Big Law firms have said no to these lawsuits, causing conservatives to feel unwelcome.

Big Law’s reluctance to take on conservative clients exacerbates political polarization and hollows out legal norms. It undermines the concept that everyone deserves an attorney, even the most notorious.