PAUL ROSENZWEIG, The Bulwark; Big Law’s Big Choice
"When nine Big Law firms settled with Donald Trump (or, perhaps more accurately, cravenly “caved” to him), they probably thought that discretion was the better part of valor. Why fight with the big dog when the fight will only hurt, and when there is no apparent downside to surrender?
The downside has now become apparent. As reported in the New York Times, the District of Columbia Bar Legal Ethics Committee recently issued an opinion calling into grave question the ethical appropriateness of Big Law’s settlements with Trump.
Though the opinion does not mention Trump by name, the upshot of the opinion is that the big law firms that settled with him have to address significant ethical questions. Taken seriously, this opinion is a quiet earthquake that might shake the foundations of several law firms both because it says that what the law firms have done may have violated the Rules of Professional Conduct and because it also suggests that their violations cannot be cured without rescinding their agreements with Trump."
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