Add RSS RSS

Charney v. Sullivan & Cromwell: The First Casualty

Aaron Charney headshot Aaron B Charney Aaron Brett Charney Above the Law Above the Law Above the Law ATL.JPGYes, it’s true. Charney v. Sullivan & Cromwell has claimed its first victim.

So who is it? Has the allegedly uncouth Eric Krautheimer been admitted to “rehab”? Has the divine Alexandra Korry been shipped off to Paris, as some of you speculated? Has plaintiff Aaron Charney (at right), nominally kept on the S&C payroll since filing his lawsuit, finally been discharged?

None of the above. The news is actually far more exciting:

John Scheich has resigned as President of LeGal!!!

If this leaves you scratching your head, here’s a little background. Jack Scheich was recently elected president of a prominent gay bar association, the Lesbian and Gay Law Association of New York (LeGal). Shortly after Charney v. S&C was filed, he was contacted for comment by ABC News. In his interview, he came out swinging in favor of S&C, and sniffed dismissively at Charney’s case — even though he had done no investigation of the allegations.

Scheich’s interview generated bad publicity for LeGal. It looked like the organization was prejudging the merits of a lawsuit claiming anti-gay discrimination, without knowing all the facts, simply because S&C throws money at them has been supportive of LeGal over the years.

LeGal received numerous angry letters from gay law students and lawyers. The organization eventually repudiated Scheich’s remarks, in a statement posted on its website. Despite this distancing, LeGal and Scheich were roundly criticized by gay law student groups from NYU and Columbia, in a strongly worded opinion piece for the New York Blade.

Well, that wasn’t the end of it. A few hours ago, as of 5 PM Eastern time, Jack Scheich resigned as president of LeGal.

You can check out his statement at the organization’s website. Money quote:

[I]t is the time for me to make this apology to the plaintiff and to the entire interested LGBT legal community. I trust that it will be received with the same sincerity as it is made.

It sure will, Jack.

The firestorm surrounding this issue has hurt LeGaL, (an organization of which I have been a member for almost 30 years) and will continue to hurt LeGaL if I remain as President. Accordingly, I hereby tender my resignation, as President, to the Secretary of LeGaL to become effective upon this statement being posted on the LeGaL web site.

This is probably all for the best. Jack, it’s been fun.

In the interest of full disclosure, we’re not big fans of Jack Scheich. But he doesn’t like us either — and he’s made that abundantly clear. As victims of his snark, we’re entitled to snark back.

What do we mean by all this? Learn the details after the jump.

After the ABC News interview, when Jack Scheich and LeGal started receiving angry letters from gay lawyers and law students, Scheich’s responses were combative and catty. We reprinted one rather snide letter from him back in this post.

Now we have a second Jack Scheich missive — and it’s even juicier than the first. After a gay 3L at Fordham sent a letter to LeGal raising concerns about John Scheich’s interview, Scheich wrote back as follows:

The comment about [S&C buying a] table at [our annual] dinner was descriptive to show the firm’s support for LeGaL and the work we do.

We have received several letters from law students who have never been a part of a BAR ASSN. I think it imperative to join a Bar Assn of your choice to see how it works from within. We would welcome your joining LeGaL.

S&C has done and continues to do pro bono work for LeGaL and the gay community, perhaps you did not know that. You are working with limited facts.

At the very heart of S&C is an organization clearly committed to overcoming homophobia, and assisting gay lawyers in their careers.

You only know the little you read in a publication known as ABOVE THE LAW. Tell me, as a future lawyer, who amongst us is above the law?

S&C has spent endless hours and days and years and money in support of LeGaL and the gay legal community. Perhaps you didn’t know that before you became outraged. You too need to gather all the facts before commenting.

Thank you for writing.

Jack Scheich

Tell us, Jack, as a former LeGal president, who amongst us has had a shorter tenure as LeGal president?

(We haven’t checked the record books of LeGal, which has been around for decades. But we speculate that Jack Scheich, who was president for all of 10 days, is the undisputed champion here.)

Resignation Statement of Jack Scheich [LeGal]
Don’t Be Too Quick to Judge [New York Blade]

Earlier: Prior ATL coverage of Jack Scheich and LeGal (scroll down)

Comments

avatar
1 Posted by Another Fordham 3L | Permalink Thursday, February 1, 2007 11:35 PM

Go Fordham!

avatar
2 Posted by guest | Permalink Thursday, February 1, 2007 11:49 PM

It's about bloody time. Seriously. I'd never join an association whose president who was so quick to judge, so actively hostile towards prospective members, so reflexively defensive and nasty, and, most importantly, so prone to terrible, terrible (pre)judgment. Good riddance!

avatar
3 Posted by Lavi Soloway | Permalink Friday, February 2, 2007 12:15 AM

This unfortunate episode has come to the appropriate conclusion, albeit shockingly late in the game. I am startled to learn that the Board was unaware of both the public statements of their own "first vice-president" and the controversy that followed, by the time of the Board meeting at which Scheich was elected president.
Moving on, it is important to note that attorney members of the LeGal, law students, and other members of the LGBT community expressed their concern and criticsm after the ABC interview. Those who spoke out, and I was one of them, should be proud of what we accomplished, not because a hard-working dedicated member of an important organization resigned, but because together with Mr. Scheich and LeGal we have affirmed the importance of standing behind Aaron Charney, rather than abandoning him before he has had his proverbial day in court. Assuming the truth of his allegations, Mr. Charney has taken tremendous risk, and shown exceptional courage by bringing this lawsuit, and emulating that example, in the spirit of Mr. Scheich's final missive, all members of the profession should continue to reject any homophobia, even when doing so means criticizing our allies.

avatar
4 Posted by Loyola 2L | Permalink Friday, February 2, 2007 12:25 AM

Not to diminish Charney's complaint in any way, but I would give anything to work for Korry and Krautheimer at Sullivan and Cromwell, even with the harassment. It's a small price to pay for S&C.

avatar
5 Posted by guest | Permalink Friday, February 2, 2007 12:30 AM

Loyola 2L:

I would suggest that you study more and try to get all As this year, rather than lamenting here about the lack of job opportunities and how much you would like to work for alleged disagreeable people(s) at S&C.

5th Year (yes, that means I have actually practiced law 5 years more than you have)

avatar
6 Posted by Lavi Soloway | Permalink Friday, February 2, 2007 12:44 AM

It is not surprising to read the response of Loyola 2L, given the how coveted are associate positions at S&C and similar firms. It is understandable, but unfortunate, that with many chasing after so few high paying jobs, it seems, almost reflexively, better to have the job AND the harrassment than not to have the job. But it always comes back to the same place: do you want to be part of the problem or part of the solution? What is a professional career worth if we sell ourselves to the highest bidder? In the end, nothing.

avatar
7 Posted by guest | Permalink Friday, February 2, 2007 1:08 AM

2L Loyola:

Of the 5th years left in my dept, there is a Hofstra grad who is really outperforming many of Harvard and Columbia grads.Based on past history, the firm is likely to promote 1 to 3 to partnership from my dept, and I would bet that the Hofstra man is one of them.

avatar
8 Posted by guest | Permalink Friday, February 2, 2007 1:31 AM

"Assuming the truth of his allegations, Mr. Charney has taken tremendous risk, and shown exceptional courage by bringing this lawsuit,"

And assuming he had wings and a bill and a sailor cap, I'd call him Donald.

avatar
9 Posted by anonymousse | Permalink Friday, February 2, 2007 8:09 AM

It is NONSENSE that the Board was unaware of the controversey at the time they elected this guy president. I don't believe it for a moment. Look at the timeline. The letters were e-mailed to LeGaL on January 18 and 19, and the Board elected him president on the night of the 22nd. It is unbelievable that the only board member who saw the letters was scheich. The other members HAD to have seen them. Cover up, cover up, cover up.

avatar
10 Posted by guest | Permalink Friday, February 2, 2007 8:32 AM

"Assuming the truth of his allegations, Mr. Charney has taken tremendous risk, and shown exceptional courage by bringing this lawsuit"

Or more likely, "exceptional opportunism," as it is unlikely that gays are discriminated against at S&C. Being gay at a top firm is an asset in this day and age.

Another classic, "it's not the nature of the evidence, but the seriousness of the allegations that is important."

avatar
11 Posted by guest | Permalink Friday, February 2, 2007 9:17 AM

Loyola 2L –

I understand the frustration of not having a job (which explains why I went to law school), but the novelty of working at a prestigious law firm wears off in about a month and a half if you’re working for a**holes. It’ll make you hate being a lawyer and just wait for the day you can pay off your loans, afford a down payment on a house and put the mistake of going to law school behind you forever.

avatar
12 Posted by guest | Permalink Friday, February 2, 2007 9:19 AM

The guy is a narcissistic loon, but one of those had to bite S&C in the a$$ at some point. He has them over the coals, because while his allegations are probably demonstrably false, the $hit that would come out about S&C in discovery and later at trial is most likely too much heat for S&C to take.

avatar
13 Posted by Lawzer | Permalink Friday, February 2, 2007 9:31 AM

Anonymous 9:19: "...while his allegations are probably demonstrably false,". Um, care to share why you believe this?

avatar
14 Posted by guest | Permalink Friday, February 2, 2007 9:33 AM

Nah, even S&C is smart enough to know that they can't settle and have to win on the merits, thanks to the credulous gossip whores who influence law school minds. $hit coming out in discovery is nowhere near as bad as letting Mr. Aaron "Gimme 5" Charney winning this one.

avatar
15 Posted by guest | Permalink Friday, February 2, 2007 9:40 AM

How can you make this statement? Are you at the firm?

avatar
16 Posted by guest | Permalink Friday, February 2, 2007 9:54 AM

If that guy is writing snatchy e-mails to gay law students, he definitely had no place being prez of LeGal. What a dick.

avatar
17 Posted by Hard to Kill | Permalink Friday, February 2, 2007 10:12 AM

You only know the little you read in a publication known as ABOVE THE LAW. Tell me, as a future lawyer, who amongst us is above the law?

That's easy. Steven Seagal.

avatar
18 Posted by guest | Permalink Friday, February 2, 2007 10:20 AM

Maybe S&C is above the law? :)

avatar
19 Posted by Anon | Permalink Friday, February 2, 2007 10:59 AM

His apology is to "the plaintiff." Did he forget Charney's name all of a sudden? It reminds me of Clinton's "that woman".

avatar
20 Posted by Lavi Soloway | Permalink Friday, February 2, 2007 11:02 AM

There are only a few possibilities, re LeGal's ignorance of the controversy. One is that the e-mails that were received, I understand, by Daniel Schaffer, LeGal's full time staff person, were then forwarded not to every board member, but only to Jack Scheich. Or, they all got copies of the original complaints, and didn't read them. It's impossible to believe that the Board had copies (even only those published on the Internet) every email Jack Scheich sent in reply to criticsm AND the original ABC News statement and still ignored it all. On the other hand, I sent email to Jack, so obviously he didn't share those exchanges with the Board. Something is fishy, I agree. Also, knowing of the impending vote that would place him in the position of President, you would think that from the moment this controversy erupted Scheich would have contacted each Board member himself to be sure they were aware of it.

avatar
21 Posted by guest | Permalink Friday, February 2, 2007 11:12 AM

S&C is not above the law. It is a law unto itself. Get it straight.

avatar
22 Posted by Anon | Permalink Friday, February 2, 2007 11:40 AM

I have a close friend on the Le-GAL board. It was not until after Scheich was elected. Once that meeting was concluded, he said, "oh, by the way..." Just because everyone at LeGAL may have received the emails about the suit, does not mean they were planning on replying immediately. They were taking time to put together a well thought out reply. Scheich's reply was done without any board knowledge or approval.

This is truly the case of one bad apple.

avatar
23 Posted by Lavi Soloway | Permalink Friday, February 2, 2007 1:06 PM

Wait a second... so they received emails, but weren't planning on "replying" immediately. But they still felt it was ok to go ahead and vote him into the office of President? If they recognized that this was grave enough to require a "well though out reply" why did they rush to place the man who wrote all the emails in the position of President? Alternatively, if they received the emails and didn't think they were important enough to impact their decision regarding Scheich's future role, why did they need so much time to develop their response? And why did his resignation lag the response by so many days? That really doesn't make a lot of sense.
It seems they knew they had a (small problem?) mess on their hands, trusted Jack, figured they could distance themselves from/end the controversy with their statement, and leave him as President. Remember that after the Board's statement, Scheich still tried to convince Aaron Charney that this was simply a matter of being "misquoted"?
I will also point out that it is a shame that today, in LeGal's regular email to its membership, entitled "LeGal: Various Announcements and Job Postings" there is no mention of Scheich's resignation or his posting of a letter to the membership on the website, nor is there a link to it. Nothing at all, though I did receive it via email at 5:55 p.m. yesterday from Dan Schaffer. Did that email go out to the entire membership? I hope so. If not it was another missed opportunity to show accountability and move on.

avatar
24 Posted by anonymousse | Permalink Friday, February 2, 2007 3:35 PM

I am a LeGaL member and on their e-mail list, and nope, I never got an e-mail about any of this. No e-mail about the LeGaL statement and no e-mail about the Scheich resignation. It is an outrage that the LeGaL Board operates in this fashion. They should come clean - publicly and to all members - not just those who go to their website. I promise this will not die down - many many rumors are afloat about the Board and their grave misstep. If they want to try to regain some credibility and hoe to have a successful dinner this year, they MUST disclse all to the membership by way of an e-mail of explanation. Or at least an e-mail directing members to the LeGaL website. It is now clear to me that the whole Board put Scheich in power fully aware of the controversey. They must own up to it or all resign. Shame. Shame.

avatar
25 Posted by out.proud | Permalink Friday, February 2, 2007 7:11 PM

Why is Scheich still on the LeGaL Board in any capacity?!? The ethical standards of an organization are determined by the behavior of its Board. Through its actions a Board decides what behavior will and will not be tolerated. And, those actions supercede ethical statements. Allowing Scheich to continue his pomposity from the front page of the LeGaL website is just more salt in the wound.

avatar
26 Posted by Lavi Soloway | Permalink Friday, February 2, 2007 9:49 PM

I agree with the above, LeGal has not taken responsibility. The fact that they want us to believe they didn't know about the controversy is disconcerting, because they should have known, and Scheich should have been the one to bring it to their attention immediately, rather than wait until the end of the meeting at which he was elected President. He should have told them about it and called an emergency meeting the minute his ABC interview statement produced the first critical response.

Post Your Comment