Capitulation will not save you

Capitulation is something I have never done, and I never will. As my outward appearance makes clear, I do not back down, and I will not go quietly. I am a small and principled firm, and I want my current and future clients to know that I value the Rule of Law.

I strongly believe that the current administration, and the reckless actions taken in just three short months are a threat to our Democracy.

When the ABA came out with a strong and clear message about standing for the Rule of Law a few months ago, it gave me hope. I was also extremely proud of the law firm Perkins Coie, and the numerous law firms that signed on in support, for not taking a knee.

As my former law professor said, Americans have a fundamental right to use the courts to challenge the actions of our government and to hire lawyers to represent them. The Trump administration’s actions designed to discourage and intimidate lawyers and law firms from representing clients seeking to challenge it are contrary to the basic tenants of our Constitutional democracy.

In recent months I have been working hard both locally, with my Chamber, and nationally with a large IP Law Association to encourage its leadership to, well, act like leaders.

I worked with a group to diligently craft a message stating on the record that the organizations support the Rule of Law, and that they value Diversity, Equity, and Inclusion. This type of message is important. It is important for members to know what their leadership values. It is important for future members to know who they are giving their money to. And it is important for the general public to see who they can count on to stand up for the Rule of Law.

I am completely disgusted that after all our heartfelt work, the leadership has chosen to stay silent. They have chosen to continue with performative support. They want to continue with business as usual. Newsflash. It isn’t business as usual for many Americans right now.

I am privileged, and as such I am not as likely to be snatched off the street, but the chance of that happening is not zero. Not anymore. The more individuals and organizations capitulate to save themselves some discomfort, the more dangerous it gets for everyone. Capitulation will not save your law firm. It will not save your organization. It will not save you.

I am reminded of a video I saw recently with a woman slowly pushing a glass towards the edge of a table. As bystanders, we have three options: help push the glass and watch it break sooner; push against the glass to stop it from falling; or sit in your privilege and watch as the glass hits the ground.

As lawyers, our role in holding power to account is what allows all of us to be free.