When Law Firms Wind Up as Part of Their Clients' Stories

 In the very recent feature about the ongoing plagiarism investigation of Harvard President Claudine Gay The Wall Street Journal mentions law firm Clare Locke. 

Specializing in defamation on the plaintiff side Clare Locke was parachuted in when, last October, the New York Post notified Harvard of alleged plagiarism by citing specific instances. Ever since 2016, when Fox contracted with law firm Paul,Weiss to investigate alleged misconduct, such investigations by law firms have become standard. The lack of them could throw shade on the organizations, as if they have something to hide. In itself that line of work has become a lucrative practice for law firms. 

In terms of those examples of alleged plagiarism, reports WSJ, Clare Locke indicated in a letter to Harvard that they were "both cited and properly credited." The New York Post was not satisfied and published its contentions. 

As many know, Congress - that is, the House Education and Workforce Committee - is running with the plagiarism issue. Recently it has extended the time for Harvard to provide documents related to the matter. The initial deadline had been December 29th.

Clare Locke is now part of the overall negative Harvard story which goes beyond that matter of alleged plagiarism. The attention is likely not welcome.

Also caught up in that kind of public relations force field is the law firm WilmerHale. It had advised Harvard, as well as the University of Pennsylvania, on the presentation of Congressional testimony about alleged campus antisemitism. Overall, that testimony was assessed as a "disaster" for both Harvard and UPenn. Since then, the President of the latter has stepped down.

This phenomenon of the law firm becoming a "character" in the story is not new. Actually, Paul, Weiss itself was "investigated" in the media and in other ways as a result of its 2016 Fox assignment. 



However, it depends on the context if such exposure damages the brand and new business development as well as setting off client churn and partner flight. 

Paul, Weiss went on to have many more such assignments as well as other business. Currently it is in a high-growth mode. 

WilmerHale may or may not win back credibility, depending on how it handles its recent assignment investigating the OpenAI coup. Media outlets position that assignment as a “test.”

It could be a while for how Clare Locke is perceived for the early work it did on the plagiarism accusations.

Obviously, the takeaway for law firms and other organizations is: Choose your clients carefully. The association can come to haunt you. The law firm Boies Schiller still hasn't shaken off becoming a character in the legal action against Harvey Weinstein. That role was detailed in a seminal 2017 The New Yorker article.  Immediately client corporate New York Times dropped it from representing it. Allusions to the Paul, Weiss Fox assignment continue.

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