Skadden & Associate Flight - Big Drama, Irrelevant to Business
First Rachel Cohen. Now Brenna Trout Frey.
Those associates have resigned their positions at Skadden. Cohen did it anticipating her employer would not "do the right thing." Frey made her move after a deal had been transacted with the Trump administration.
Like the Norma Rae force field in that classic film about equitable treatment of employees there has been lots of drama. For example, Frey issued a manifesto on her LinkedIn profile. It ends with:
"The rule of law matters. As an attorney, if my employer
cannot stand up for the rule of law, then I cannot ethically continue to work
for them."
She calls on other associates to join her in exiting.
As of now, there have been 7,244 page views, 407 comments and 207 reposts.
So?
That makes great copy for tabloids such as BusinessInsider and Abovethelaw.
The professional anonymous networks such as Reddit have been maintaining high-vibration rants.
The buzzword, referring to Skadden and, of course, to that other dealmaker with the Trump administration Paul Weiss is "craven." A book about this time in legal services could have the title "Craven Indifference to Rule of Law." In that book feature the lousy photo of Paul Weiss chair Brad Karp that The New York Times is showcasing and the one of protests outside Paul Weiss headquarters.
But, the non-glam reality it this: Associates are a dime a dozen. Sure they can leave. And there'll be no shortage of ambitious/heavily in student loan debt young lawyers applying to take their place. The firms are known for outstanding work and having them on a resume opens more doors.
A work stoppage? Doubtful that could become a collective action.
Eventual unionization? Not with a recession coming and not with the expected uptick in transactional work not happening.
Too many would fear being put on some kind of informal blacklist. After all, to get to become an associate a young human being had to struggle to:
Achieve excellent grades in college
Score high on the LSAT (They have a hunch that carries more weight with the law school admissions committee than other standardized tests.)
Be at the top of the law school class.
Pass the bar exam.
Keep their nose clean so to not be dinged in the character part of state bar admission.
Interview well with law firm recruiters.
From the get-go at the law firm work very long hours. (That includes hustling work assignments from senior associates and partners.)
Blow all that investment in participating in a work stoppage? Unlikely. The law firm world is essentially a closed system that's unforgiving.
What could shake Skadden and Paul Weiss to the core is flight of star partners and clients. It is too early for that to happen at the former but so far it's not happening at the latter. In general there has been solidarity at Paul Weiss.
Meanwhile, Skadden CMO Luke Ferrandino has to position and package a narrative that leads the organization out of this crisis. Can he manifest a Next? This new order of things seems to require that CMOs conjure up magic. Large law firms have to capture back their swagger.
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