Oh, To Be A Fly On The Wall At Jones Day As Dissension At The Firm Grows

Associate mouths off with a reply-all email.

Jones Day (Photo by David Lat)

The PR machine at Jones Day must really be in overdrive.

Between the New York Times article, the attack ads (plus the promise of more, and ones that go after the firm’s client base), the picketing and planned boycotts, well, they have a lot to deal with. But so far — publicly at least — the firm has been resolute in defending their representation.

But it should be obvious, not everyone at the firm is pleased about it. Today, Kevyn Orr, partner-in-charge at Jones Day’s D.C. office, hosted an associate call to discuss the recent controversy. But apparently after giving his spiel, the call was ended without letting associates register their opinions. Which ticked some folks off.

Parker Rider-Longmaid, an associate in the Issues & Appeals practice — and a former clerk to Justice Ruth Bader Ginsburg — was apparently deeply disappointed at Orr’s decision not to answer questions and let fly an email to the entire D.C. office registering that displeasure:

Kevyn, my understanding was that we would have an opportunity at today’s meeting to ask questions or say something. Robin and I had prepared to say something. So now I will share it with all of you this way.

We dissent.

I don’t believe the question here is whether the Pennsylvania election cert petition has legal merit, or is instead frivolous.

I believe the question is whether this firm should lend its prestige and credibility to the project of an administration bent on undermining our democracy and our rule of law.

Make no mistake. From the outset, this petition was designed to suppress the vote, to ensure that fewer of our fellow Americans’ voices would be heard, in the midst of a global pandemic like we have never seen in our lifetimes.

And now, it is being weaponized to threaten our generations-long tradition in this country of peaceful and democratic transition of power.

I believe that our society should strive to become a more just and inclusive representative democracy. And this petition, and the project to which it lends our collective prestige, stands firmly in the way of that ideal.

We as lawyers choose our clients and our causes. We choose what we stand for. And this project, I submit, should not be one of those things.

As an American, I am today deeply disappointed in this firm. I do not accept as simply unpopular what is profoundly undemocratic. We are better than this. And yesterday should be no excuse for tomorrow.

We dissent.

I’m guessing he’s ruing taking the firm’s generous SCOTUS bonus right about now…

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According to tipsters at the firm, after this salvo was sent, Orr reopened the meeting and engaged in an extended conversation with associates.

It’s pretty clear that the harm this representation is causing Jones Day goes deeper than those on the outside. Let’s not forget, “Pile On Jones Day” week got started because internal sources at Jones Day that were upset with the firm’s involvement in election litigation spoke with the New York Times. So we *know* there are people inside the giant Biglaw firm that are upset about… everything the firm’s doing right now. But this is one of the first quasi-public (send something to an entire office and it’s bound to get out) statements anyone from Jones Day has made on the subject, and it comes from an associate.

Thus far, partners at the firm have been conspicuously quiet, though I suspect they aren’t as sanguine behind closed doors. Because if I had a sizable book of business and portable clients and the firm’s pursuit of a pet right-wing legal theory was threatening to unleash this PR nightmare on them, well, I’d think long and hard about how to best serve my own clients.

The firm has a lot of explaining to do if they expect to keep all their employees happy during this mess.


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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).