I had to weigh in because, you see, I used to work at Skadden.
We affectionately called ourselves Skaddenites, and I was told that the image the company had was that you’ll never work with smarter people.
Now I’m wondering where all the smart comms people are.
Because inexplicably Skadden chose to cut a deal with the Trump administration in what looks like an apparent attempt to avoid putting off Republican-leaning clients.
Right?
Why else would a very resourced law firm choose not to litigate an easily winnable case as Perkins Coie did?
I’m wondering if there was a discussion between the managing partners and the crisis comms team on what the implications might be for employees and potential clients who are openly NOT Trump supporters.
I predict this will have a chilling effect on the firm’s business and top talent prospects.
And I am not alone.
One of my connections at Skadden pointed me toward the reactions from our former colleague Carrie LeRoy (I did not meet her, as she joined the firm just as I was leaving), who published an article in The Recorder and Law.com: The Time for Big Law to Act Is Now—Together.
She compares the action to appeasement and quotes Winston Churchill. She is generally more eloquent than I am, which is tough to concede, given our respective professions.
She speaks of the importance of standing up for the rule of law, and she even touches on the PR side of things, as she remarks on the short- and long-term ramifications of this decision – she went further than I did and called it cowardice.
I think it appears cowardly as well, but I don’t see how the legal calculation could have been that they might not win.
So that brings us to the PR calculation – this was a public relations blunder, both internally and externally.
In general, we recommend that law firms consider the following:
· Uphold Independence: Maintain a stance of neutrality, ensuring that the firm’s actions are guided by client interests and ethical considerations, not political pressures.
· Transparent Communication: Clearly articulate the rationale behind significant decisions to clients and stakeholders, emphasizing the firm’s commitment to serving all clients impartially.
· Client-Centric Approach: Prioritize the diverse values and perspectives of the client base, ensuring that firm actions do not alienate any segment.
· Internal Consensus: Engage with partners and staff to build a unified approach to external pressures, fostering a culture where decisions are made collaboratively and reflect the firm’s core values.
For Skadden, we recommend upping your PR budget – maybe significantly.
I joked with a current colleague about offering them $100 million in free PR services to counter what they have done – since I think that may be the budget they will need.
The headline comes from that conversation, and my great fandom for Andy Borowitz, whose satire might surely have come up with the same headline.
We would perhaps consider the offer to Skadden, if they are interested in accepting it.
