Free Speech For People, a national nonpartisan legal advocacy organization, has filed a legal ethics complaint in D.C. against Jeremy London, the Executive Partner of Skadden, Arps, Slate, Meagher & Flom LLP (Skadden), for his leading role in the firm’s decision to enter into an illegal agreement with Donald Trump and the steps taken by Skadden to fulfill those agreements. The complaint was filed with the D.C. Bar’s Disciplinary Counsel. FSFP previously filed legal ethics complaints in New York against Skadden and Jeremy London, along with Paul, Weiss, Rifkind, Wharton & Garrison LLP; Kirkland & Ellis LLP; Latham & Watkins LLP; and Simpson Thacher & Bartlett LLP. 

As explained in an earlier post, Trump has abused the power of his office to target and punish certain big law firms for hiring lawyers, taking cases, and representing clients that Trump disliked. After unconstitutionally issuing, and threatening to issue, punishing executive orders and directing the Equal Employment Opportunity Commission (EEOC) to undertake baseless and invasive investigations into those law firms, Trump reached illegal agreements with nine firms through which those firms evaded or obtained revocation of these illegal and punitive government acts. Trump in return procured promises of nearly $1 billion combined in free legal services for Trump’s preferred clients and causes; and obtained commitments by the firms to change their hiring and client selection processes to align with Trump’s preferences. Four other law firms chose to fight Trump’s executive orders in court, and in all four cases, the district courts permanently blocked the orders, with the judge in one case concluding that “the Order is unconstitutional from beginning to end.” A separate lawsuit to block the EEOC investigation ended with a stipulated dismissal in which the EEOC admitted that compliance had always been voluntary and that most law firms had not responded. 

Though Skadden received the EEOC investigation letter, it was never subject to an executive order. Instead, under Mr. London’s leadership, Skadden became the first firm to preemptively negotiate a $100 million pro bono deal with Trump. As part of the deal, the firm promised to support Trump’s chosen clients and causes; to change the pro bono selection process to better align with Trump’s priorities (including by serving “conservative ideals”); and to change its hiring, retention, and promotion practices by no longer considering diversity and inclusion. And under Mr. London’s leadership, Skadden has taken steps to satisfy the agreement, including by providing free legal work to the Commerce Department. Furthermore, during this time period, Skadden advised Intel in its deal with Trump to sell equity to the Commerce Department without sufficiently disclosing or accounting for its extortionate dealing with Trump.

As executive partner, Mr. London’s leadership and support was essential to the firm’s decision to enter into a deal with Trump and to the negotiation and execution of that deal. He defended the deal in a firm-wide communication, framing it as a choice to “to engage proactively and constructively with the Administration to align on a productive path forward without the issuance of an executive order.” It was indeed a choice; while the leadership of other, smaller firms chose to fight, Mr. London led Skadden to capitulate rather than stand up for the rule of law. 

The complaint filed today alleges that Mr. London violated several of key provisions of the D.C. Rules of Professional Conduct when he entered into and subsequently began to fulfill this deal on behalf of Skadden, including prohibitions against attorneys from engaging in illegal conduct, creating conflicts of interest, compromising their professional judgment, and inducing others to violate ethics rules.

Attorneys must retain and guard their freedom to select clients, represent them to the best of their ability, and meet their ethical obligations at every step of that representation. Without attorney independence and ethical representation, judges and juries will not have access to the best and most fulsome legal arguments and presentations of evidence. If counsel is afraid of or beholden to opposing parties, clients may not be able to obtain representation or be sure they are getting the best advice. And if the leaders of our country’s most powerful law firms preemptively capitulate to abusive government officials and participate in illegal deals with corrupt government officials, then the United States loses a necessary mechanism for holding the government accountable to the Constitution, the law, and the people. It is why independence and rigorous adherence to ethical obligations are built into the D.C. Rules of Professional Conduct, and why attorneys, especially our most powerful law firm leaders, must be held up to these standards, now more than ever.

 

Read the ethics complaint against Jeremy London, Executive Partner of Skadden, here.