Rachel Cohen on Big Law's Capitulation to Trump and Pro Bono Work

The Shifting Landscape of Pro Bono Work

• 💡 Corporate law firms, historically charging upwards of $3,000 an hour, are not traditionally on the front lines of justice work due to underfunding within American capitalism.
• ⚖️ Pro bono work has been a way for these firms to entice law school graduates with high paychecks, offering opportunities to work on causes they care about and count hours towards bonuses.
• 🎯 Firms often partner with organizations like the ACLU and Brennan Center, allowing associates to dedicate significant hours to pro bono cases.

Trump's Strategic Pressure on Law Firms

• ⚠️ The administration is leveraging executive orders and guidance to target public interest attorneys, potentially stripping them of loan forgiveness if they work at certain organizations.
• 🧠 Donald Trump's strategy of targeting large corporate law firms first was a gamble, betting on their "capitalistic cowardice" to prevent them from uniting against him.
• 📉 The RNC v. Justin Wetzel case and Judge James Ho's concurrence highlight a narrative that pro bono work is biased, rather than acknowledging it serves those who need free legal aid.
• 🎯 This narrative is amplified through right-leaning journals and organizations like the Federalist Society, creating a biased perception of pro bono activities.

The "Intellectual Superiority" Trap

• 🧠 Many attorneys in big law genuinely believe they are smarter than the Trump administration and can outmaneuver him, a belief rooted in a form of "coastal elitism."
• 🚫 This assumption that educational credentials equate to superior intellect is fundamentally incorrect; the administration is actively outplaying them.
• 🗣️ The current approach from law firm leaders treats the situation as if someone else will fix it, rather than directly confronting the administration's actions.

Consequences and Resistance within Big Law

• 📉 Donald Trump achieved his goal of intimidating firms like Scatarb, demonstrating his ability to exert pressure even without receiving the promised $100 million in pro bono work.
• 😨 Smaller firms and immigration attorneys are now terrified, facing potential deportation or detention for exercising free speech or due process rights.
• ✊ Resistance is growing, with attorneys organizing, refusing to recruit, and some quitting in solidarity, as seen with multiple departures from Scatarb.
• 🧩 The situation is a significant values test, particularly after October 7th and amidst rising transphobia, pushing individuals to organize with like-minded colleagues.

The Broader Implications

• ⚠️ The ultimate endgame is not about embarrassing law firms, but about individuals facing deportation, detention, and violations of due process and free speech rights.
• 📢 The marketing battle, particularly around combating anti-semitism, is crucial; if the administration wins this narrative war, the country faces deeper trouble.
• 🤝 Organizing with trusted individuals and speaking out is vital, even if the outcome is uncertain, as silence allows the story to die quickly.