New Yorker 10月27日 01:28
保罗·韦斯律师事务所的困境与选择
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保罗·韦斯·里夫金德·沃顿和加勒森律师事务所是美国顶尖的律师事务所之一,拥有1250名律师,年收入达26.3亿美元,合伙人年利润超过750万美元。该所以其杰出的律师团队和强大的诉讼能力而闻名,并在民权领域有着悠久的传统,曾协助瑟古德·马歇尔处理种族隔离案件,并在2013年的最高法院案件美国诉温斯案中代表原告艾迪斯·温斯,该案裁定将婚姻定义为仅限于男女之间的联邦法律为违宪。然而,特朗普总统对保罗·韦斯律师事务所采取了一系列措施,包括限制其律师的安保 clearance,并终止其政府合同。面对这些威胁,保罗·韦斯律师事务所的主席布拉德·卡普选择与特朗普政府达成和解,同意提供4000万美元的志愿服务,并放弃实施多元化、公平和包容性政策。这一决定引发了关于法律职业自由和宪法权利的广泛争议。

🌍 保罗·韦斯律师事务所是美国顶尖的律师事务所之一,拥有1250名律师,年收入达26.3亿美元,合伙人年利润超过750万美元。该所以其杰出的律师团队和强大的诉讼能力而闻名,并在民权领域有着悠久的传统,曾协助瑟古德·马歇尔处理种族隔离案件,并在2013年的最高法院案件美国诉温斯案中代表原告艾迪斯·温斯,该案裁定将婚姻定义为仅限于男女之间的联邦法律为违宪。

🏛 保罗·韦斯律师事务所的主席布拉德·卡普选择与特朗普政府达成和解,同意提供4000万美元的志愿服务,并放弃实施多元化、公平和包容性政策。这一决定引发了关于法律职业自由和宪法权利的广泛争议。和解协议要求该所提供4000万美元的志愿服务,以支持特朗普政府的倡议,并承诺不实施多元化、公平和包容性政策。

📜 特朗普总统对保罗·韦斯律师事务所采取了一系列措施,包括限制其律师的安保 clearance,并终止其政府合同。这些措施是对该所律师基本权利的攻击,也是对其和其公司第一修正案权利的明显侵犯。特朗普政府以行政命令的方式针对特定律师及其代表的客户,这是前所未有的,代表了行政权力的粗鲁利用。

🌐 该所的工作涉及跨国公司寻求政府机构的许可证和执照,以及与证券交易委员会等机构进行谈判,甚至在美国联邦法院进行诉讼。如果其律师无法进入联邦大楼或法院,该所将无法代表客户在联邦法院和机构面前进行辩护,其工作将面临严重后果。

🤝 八家全球律师事务所迅速效仿保罗·韦斯律师事务所,达成总额近10亿美元的和解协议,提供志愿服务以支持特朗普政府的倡议。尽管这些公司声称保留对具体志愿服务的控制权,但特朗普总统似乎并不这么认为,他暗示这些法律工作可以作为一种个人储钱罐,甚至在离开办公室后也可以使用。

The story of Paul, Weiss, Rifkind, Wharton & Garrison L.L.P., one of the leading law firms in the world, stands out. It employs twelve hundred and fifty lawyers in offices around the globe, and pulls in annual revenues of $2.63 billion, resulting in yearly profits of more than $7.5 million per partner. The firm boasts some of the most accomplished lawyers in the U.S., and has a widely feared litigation practice. It also has a venerable tradition of civil-rights work, including assisting Thurgood Marshall on desegregation cases, in the nineteen-fifties, and representing the plaintiff Edith Windsor in the landmark 2013 Supreme Court case, United States v. Windsor, which struck down as unconstitutional a federal statute defining marriage as solely between a man and a woman.

Trump had it in for Paul, Weiss for several reasons. Jeannie Rhee, who was then a partner at the firm, had worked for Robert Mueller, the former special counsel who investigated possible Russian interference in the 2016 election, and, after the events of January 6th, she took on a pro-bono case against some of the rioters; Mark Pomerantz, a former partner, had helped prosecute Trump in New York courts for falsifying business records; and Trump was angered by the firm’s D.E.I. employment practices. On March 14th, he issued an executive order that cited these alleged sins and directed federal agencies to review any security clearances previously granted to Paul, Weiss attorneys, to restrict their access to federal buildings, and to potentially terminate government contracts with the firm. Around the same time, Trump issued executive orders against a variety of other firms because he disliked lawyers who worked for them or clients they represented, or both. The executive order against the law firm Perkins Coie L.L.P., for example, cited its representation of Hillary Clinton’s 2016 campaign.

The consequences of these orders could be devastating to a firm like Paul, Weiss. If its lawyers were unable to enter federal buildings or courthouses, representation of clients before federal courts and agencies would become impossible. The firm’s work with multinational corporations seeking licenses and permits before government agencies (such as energy companies requesting development permits or investment companies negotiating with the Securities and Exchange Commission), or even litigating in federal court, could evaporate.

But efforts by the government to punish speakers and speech that it disfavors are blatantly unconstitutional. Any attempt to stop private lawyers from representing the clients they choose is an assault on those lawyers’ basic right to practice law, and a clear infringement of their and their firms’ First Amendment rights. And going after firms because the Administration has a grudge against a specific lawyer who works there is unprecedented, and represents a crude weaponization of executive power. This is not a close constitutional call.

The chair of Paul, Weiss is Brad Karp, who assumed the role at the comparatively young age of forty-eight. He has been described as one of the best litigators in the country, representing some of the largest financial companies in the world in billion-dollar lawsuits. And Karp is not ignorant of the risks posed by threats to the rule of law: he served on the board of trustees of the World Law Foundation, a non-for-profit organization of more than eight thousand U.S. and international lawyers dedicated to “promoting the Rule of Law as a guarantor of freedom and peace, and strengthening democracy and its institutions throughout the world.” The foundation hosts biannual congresses, with panels devoted to discussing recent threats to the rule of law, and awarding honors to lawyers who defend it. Past honorees have included Ruth Bader Ginsburg, Andrew Young, and Nelson Mandela. (I spoke on panels at the congresses in 2023 and 2025, on issues related to press freedoms.)

But, instead of standing up for the rule of law and suing the Administration for its unlawful executive order, Karp and Paul, Weiss settled a mere six days after Trump issued it. That settlement obligated the firm to provide forty million dollars in pro-bono services to “support the Administration’s initiatives,” and to “not adopt, use, or pursue any DEI policies.” Eight other global law firms quickly followed suit, reaching settlements totalling a reported nearly billion dollars in pro-bono services for causes championed by the Administration. And, although all the firms claimed to have retained control over what specific pro-bono work they will do, Trump clearly doesn’t see it that way, suggesting during one Cabinet meeting that he could use the legal work as sort of a personal piggy bank of services even after he leaves office, saying, of the accumulated total, “Hopefully I won’t need that,” he said, “after it ends—after, after we leave. Maybe I’ll need it.”

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Paul, Weiss Law Firm Legal Profession Constitutional Rights Rule of Law Executive Orders Diversity, Equity, and Inclusion Pro-bono Services
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