A new organization — General Counsels United — just launched. Less than two weeks after it was created, it boasts over 500 members. The group’s purportedly nonpartisan goal is to “to share information, resources, and strategies on how to support the rule of law and the independence of the legal profession,” but, more specifically to stand against the “executive branch attacks on lawyers and law firms.”
Led by Eric Whitaker, a former Tesla general counsel who is now chief legal officer of 10x Genomics, and Shirin Keen, a former general counsel of UnitedMasters, the organization is deeply concerned about the nine Biglaw firms that have capitulated to Donald Trump, inking deals with the administration promising $940 million in pro bono payola (plus the many, many more that have stayed silent in the face of the attacks on the rule of law). General Counsels United wrote in their mission statement:
Despite our many perspectives, we agree on one critical issue: Executive Branch attacks on lawyers and law firms – and these firms’ silence or acquiescence – undermines our confidence in effective representation for our companies under the rule of law. We can no longer trust that law firms will put their professional ethics and their clients’ long-term interests first over political influence, fear of retribution, and their own short-term interests. In order to innovate, our businesses rely on unbiased legal counsel to navigate regulatory environments and even to take positions adverse to the government, all free from political influence. When leading firms fail to unite in defending their own profession, we question how zealously they will advocate for us.
The creation of General Counsels United is analogous to the recent launch of Law Firm Partners United, a group of 700+ Biglaw partners, the latter of which filed an amicus brief in support of Perkins Coie in their successful challenge to Donald Trump’s Executive Order targeting the firm. As reported by Law.com:
Like Law Firm Partners United, General Counsel United formed to foster private discussion, not to serve as a platform for public advocacy. General Counsel United operates as a private LinkedIn group, with no one other than members able to see who else has joined.
General Counsels United stipulates in the sign-up process that GCs who post comments are speaking only for themselves, not their employers, and all comments are treated under Chatham House Rule.
All of which underscores the schism between the cynical pragmatism that underpinned the Trump deals and the ideals of the legal profession.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. 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 or Mastodon @[email protected].