Disgraced Former Biglaw Chair Caught In College Admissions Scandal Escapes Disbarment

Did Biglaw play a role in why he committed the crime?

Gordon Caplan, left. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)

Gordon Caplan will, eventually, be allowed to practice law again. The onetime co-managing partner at Willkie Farr found himself caught in the “Varsity Blues” college admissions scandal, eventually pleading guilty to paying $75,000 to “college coaches” turned government cooperating witnesses in a scheme to have a professional alter his daughter’s answers on the ACT in order to get her a higher score. He was sentenced by U.S. District Judge Indira Talwani to one month of jail time. But he knew that, even after serving his time, there were still potential consequences for his blind ambition that had become focused on his daughter’s college admission. His license to practice law was suspended on an interim basis, and the fight to stop disbarment, the so-called death penalty of the legal profession, was on.

Yesterday, Caplan learned he’d avoided disbarment. As reported by Law.com, Caplan instead received a two-year suspension, retroactive to his November 2019 interim suspension:

On Thursday, the First Department released an extensive opinion laying out the history of Caplan’s wrongdoing along with numerous factors that “mitigated” in his favor. The court wrote that “a two-year suspension retroactive to [Caplan’s] 2019 [interim] suspension [from practicing law in New York] properly balances [Caplan’s] criminal conduct with the substantial evidence in mitigation, the protection of the public, maintaining the honor and integrity of the profession and as a deterrence to others from committing similar misconduct.”

In making this call, the opinion lasered in on Caplan’s remorse, charitable work, the high esteem his legal career was held in (before the scandal broke), and the unlikely chance of a repeat offense:

“The Referee noted that the record itself showed that respondent’s [Caplan’s] criminal actions were ‘out of character with his professional life and his desire to make amends,’” the First Department panel of justices wrote in their decision.

Caplan “presented his pre-sentencing memorandum with some 70 letters of support from, among others, family, friends, former colleagues and Greenwich[, Connecticut] policemen, all of which showed ‘the breadth and depth of Caplan’s extensive pro bono activities, his help to others in need, his millions of dollars in financial contributions and hours of personal service to Fordham Law School and Cornell University and his numerous acts of generosity and kindness throughout his career,’” the justices also wrote while in part quoting the referee.

“At the [referee’s] hearing, the former Chairman of [Willkie] where [Caplan] worked testified that, inter alia, he had worked with respondent for nearly 20 years and knew him quite well due to their management positions, and there was ‘universal respect and affection’ for him,” the justices further wrote.

The former Willkie chairman, who was not named in the opinion, “explained that anybody who knows [Caplan] saw his misconduct as ‘a real aberration, understood by everyone to be an act of zealousness and protectiveness for his daughter. But it doesn’t change anybody’s views who know him as to his reputation,’” they wrote.

Also of interest is a quote from Caplan, made during the criminal case, in the ethics opinion. While still taking responsibility for his actions, Caplan notes the role Biglaw may have played in his actions:

Sponsored

“This was hubris. It was arrogant. It was about me, not about my child. That took a lot of self-realization. It was deep insecurity, I think. I frankly think a lot of people in my former [legal] profession have this notion of having to prove yourself all the time. It overwhelmed me and it destroyed my life. I destroyed my life.”

So let that be a warning to others out there — don’t let the culture of the legal profession lead you down a path that could destroy your life.


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).

Sponsored