Biglaw

Skadden's Hiring Practices Under Scrutiny: Greg Craig Attorneys Say There's Nothing Wrong With Helping Paul Manafort's Kid Get A Biglaw Job

Getting a client's kid a job in Biglaw? Totally normal behavior.

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Paul Manafort (Photo by Elsa/Getty Images)

Last week we told you that the curious case of Andrea Shand’s employment at Biglaw giant Skadden Arps was making news. Why is Shand’s job as an associate from 2012 – 2016 a hot topic? Well Shand’s dad is none other than Paul Manafort. You may remember that Manafort engaged Skadden on behalf of the Ukrainian government. As part of that representation, the firm wrote a report (which was a featured part of the Mueller investigation’s case against Manafort) justifying the prosecution of former Russian-aligned Ukrainian President Viktor Yanukovych’s political rivals.

The engagement has also led to charges against former Skadden counsel Greg Craig. Craig, the first prominent Democrat to face charges as part of the Mueller probe, was indicted in April for making false statements to the Department of Justice in connection with his work at Skadden. (Former Skadden associate, Alex van der Zwaan, already pleaded guilty to lying to investigators in the Russia probe about his communications with former Trump campaign aide Rick Gates.)

In an earlier filing in the Craig case, the government argued that Craig was instrumental in getting Shand (née Manafort) hired by Skadden. Craig even wrote to firm management saying “perhaps one of the most important” reasons to hire Shand was the “potential for significant future business” with her father. The government argued his actions on behalf of Shand demonstrates how far Craig was willing to go to keep Manafort’s business.

Now Craig’s lawyers have responded, seeking to prevent prosecutors from making the argument Craig got Shand hired by Skadden in front of the jury. Oh, no, it’s not because Craig didn’t influence the hiring decision, but, because it was no big deal. As reported by Law.com:

“No one can dispute that, by introducing Andrea Manafort to his law firm’s management, Mr. Craig performed a favor for Mr. Manafort. But in performing that favor, Mr. Craig was not acting alone or in secret, nor did he violate some firm policy or practice,” the defense lawyers said. “The law firm as a whole became engaged in reviewing Ms. Manafort’s credentials and her prospects for success as an associate. The favor performed by Mr. Craig was unremarkable and benign; he crossed no lines in taking actions that benefitted not only Ms. Manafort but the law firm as well.”

Remember, Craig intervened in Shand’s potential employment after she’d received a rejection letter from Skadden (internal emails later refer to this as an administrative “screw up”). But Craig’s team says this type of behavior is typical at “any law firm”:

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“The favor that Mr. Craig performed was the type of action that any partner at any law firm might have taken on behalf of a client or a professional colleague,” Craig’s defense team at Zuckerman Spaeder said. “With this evidence, however, the government implies that, to curry favor with Mr. Manafort and thereby potentially bring in new business for Skadden, Mr. Craig was willing to cross some line—ethical, moral, procedural—to assist Mr. Manafort.”

Craig’s lawyers also argue that lay people in the jury couldn’t possibly understand the complex scratching of backs that they say is typical in Biglaw:

“The government hopes that jurors, who are not familiar with law firm hiring practices and protocols, will find something improper or tawdry in Mr. Craig’s acts, and thereby be more apt to find that he did something unlawful in his interaction with [Foreign Agents Registration Act].”

There was certainly nothing illegal in Craig acting to get Manafort’s daughter hired by Skadden. But were Craig’s actions part of a routine practice? Well, that has to give even Biglaw experts some pause. Let’s not forget Shand was hired in 2012 — during one of the biggest downturns the legal industry has ever seen. Indeed, Shand was only applying to Skadden because the firm she summered at — Dewey & LeBoeuf — was imploding, taking her job offer along with it. The 2012 downturn derailed a lot of young lawyers’ Biglaw dreams, well, those that didn’t have an influential father go to bat for them.

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headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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