A conservative lawyer emails me:
Regarding big law, I think the impact of what Trump is doing is greatly exaggerated. Law firms now commit that they won’t refuse to represent someone because they hold different political views. This is how law firms have traditionally operated. Also clients do not want to use a law firm that disagrees with them so I don’t know how big a problem it is.
Obviously Trump himself had problems getting what he perceived as the best law firms to represent him and this pledge may take care of that problem. But law firms are not supposed to be the judge determining whether the client needs their help.
The pro bono stuff is also stupid. I don’t know how it works in other cities but in L.A. most pro bono clients are referred throught LA Legal Aid, Bet Tzedek and Public Counsel. The staff lawyers at those places are overwhelmingly liberal, progressive or even radical.
They don’t help landlords who cant collect rent because of a covid moratorium. They don’t represent low wage workers whose pay is undercut by illegal immigration etc. What may change is that other organizations that typically don’t funnel cases to big law, may now be augmented by organizations helping veterans or fighting anti semitism but I don’t think they will no longer take Pro bono referrals from their traditional sources.
The typical lawyer who actually works on the pro bono work is relatively inexperienced but whose hourly rate is very high, usually $1000 or more. So it’s not like the partners will be doing the pro bono work or even supervising it.
So my perception is that it is not a big deal. Obviously individual lawyers can still express their opinions or post things on social media or attend protests if they want so the comments that this is an attack on free speech is in my opinion not correct.
