Thursday, June 05, 2025

 

Political Mayhem Thursday: The Problem of Pro Bono

 


One of the more unexpected elements of the 2nd Trump administration has been its attacks on many prominent law firms, demanding through executive orders that they be restricted from government contracts, lose security clearances for their lawyers and even banning their people from government buildings like courthouses. Several capitulated and came to agreements that (among other things) required that they provide up to $100 million each of free service to causes Trump supports. 

It was a lousy deal. Firms that fought the executive orders have been successful in court. Meanwhile, the capitulators are on the hook for a loosely-defined commitment to Trump-- and now Trump has said that the kind of pro bono work he expects includes defending coal companies, police accused of brutality, and the like. None of it is the kind of pro bono work that these firms use to lure good talent as associates.

While what the firms are expected to do is probably unpleasant, the deeper harm is what they can't do now. Historically, big-firm pro bono work has included serious initiatives to protect freedom and staunch government over-reach. Because their pro bono work now essentially has a Trump veto (as most or all of their pro bono work falls under their commitment to Trump), their ability to play that role is restricted-- and that is bad for all of us.

Fortunately, there are a lot of other lawyers who are stepping up. As the Trump administration drives out good people from government work, I suspect that some of them will be among those who fill the gap...

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