Paul, Weiss: So, Who's the Bad Guy, Scott Barshay or Brad Karp?
Maybe the 1950s medium of television, by popularizing Westerns, did it to the American mind: Dividing life into the bad guys and the good guys. With some exceptions - like Tonto who assisted the Lone Ranger - the Native Americans were in the former category and the heroic cowboys and adventurous pioneers were in the latter.
So, it's predictable the still-sticky global story of the Epstein files and the fallout have hardened into that simplification. Much of what's popping up online has entered such a divide. The specific subject is elite law firm Paul, Weiss. In that chatty force field are David Lat on Bloomberg Law, Ankush Khardori on Politico and the many posters and responders on Reddit Big Law (one snippet).
The reality is this: The culture of Paul, Weiss, as a result of the end of the Brad Karp leadership era, is accelerating its change. That's from a litigation-proud progressive firm to a more conservative one focused on transactional practices. But, ironically a big chunk of that shift dates back to the very beginning of the Karp era in 2008. It was he who put looped into transactional. The progressive part had been fairly standard for law firms. For now, many others have been backing off, aligning themselves to the values of corporate clients. Overall, CSR (corporate social responsibility) is dead.
Internally, there are partners at Paul, Weiss who grouse about what is obviously going to play out during the Scott Barshay "show." That makes Barshay the bad guy. He should have left Karp alone and just done his power thing in his own lane. Think about it: If you had had an opportunity to advance yourself through association with iconic Epstein, would you have jumped and taken the bait? Rare are the kinds like Melinda Gates who backed off. But, get it, she was rich, didn't have to scramble to get an edge like the rest of us.
In contrast, though, much of the legacy media, social media and even Karp's alma mater Union College (seemingly so smug) designate him the bad guy. Much of what was made public probably is pretty standard among top lawyers. They not only figure out the angles. They push them. That's why too many get into professional pickles. I have coached those who have been to prison for overreaching.
That brings up another reality, one introduced in the Politico analysis:
"Although Karp’s reputation may have been tarnished in the
public eye, his professional and personal fate is not remotely as bad as many
people expected or as the media’s coverage has suggested."
It adds that the succession issue has been in works for years. The contenders were Barshay and Karen Dunn. The latter left to form her own firm. So, the supposed big-bang coup was simply another bit of acceleration of the inevitable.
Maybe there is no bad guy, no good guy. Just a need to fit this Black Swan - it could be as disruptive as COVID - into easy-to-understand cognitive/emotional/moral/political bits and pieces.
Both Barshay and Karp will probably thrive. The times favor Barshay's one-dimensional focus on the bottom line. Post-heart attack, it was overdue for Karp to reset for another type of career path.
In coaching I warn clients against approaching the realities they are dealing in such a simple manner: good and bad. That's no way to put together perspective, then solutions.
Success is a mental game. Failure comes from being
done in by the “committee” in your head.
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