Matthew Wollin's Attack on Big Law Has Unintended Consequence: Finally, New Understanding of the Pickle Paul, Weiss' Brad Karp Was in

In Today's Opinion section of The New York Times Matthew Wollin has lots negative to say about the power and politics of large law firms. 

The usual word count for such op-eds ranges 1,200 to 1,800. His stretches to 2,230. Obviously his five years as a lawyer at WilmerHale didn't train him to be concise. It might, though, have entitled him to more than the typical space to present a point of view.

Wollin is now a writer and filmmaker. But, and this is cute, he leverages the prestige of his former line of work to attack the prestige and more of Big Law. 

However, more to the point. 

Those I speak with about this oped wonder: How skilled was he as a lawyer if in this lengthy piece his arguments come across as absolutist, simplistic, reductive and even contradictory. For instance. he confuses the role of representing clients - even the very wealthy - with a capitulation to their particular values. Being entitled to the best defense - and Big Law is known for delivering that - is a fundamental right. 

And what about this blanket statement:

"If the system they work in is broken, then the work they do will only ever make things worse."

The implication - wild - is that legal work on behalf of, say, social justice or regulations is counterproductive. Better not bother, right. 

Ironically, the lawyer he explicitly puts the knock on - Paul, Weiss' Bard Karp - might finally receive some understanding of what factors went into the decision to negotiate with the Trump administration to lift the Executive Order. 

With noble rhetoric, Wollin revisits that controversy. But he so ignores the complexities that we reasonable people, in response, start considering:

What was Paul, Weiss' immediate fiduciary responsibilities to clients. They couldn't receive adequate defense, given the EO's terms and conditions.

How was Paul, Weiss assessing the risk of resistance. An aspect of that were all those good jobs of non-shareholders such as associates, non-equity partners, counsel and staff. Recall that with the collapse of Dewey & LeBoeuf went so many jobs. 

How the partnership structure shapes the economics of the firm. The fear was partner flight. That would trigger more flight. That could be prevented, it was projected, through negotiations.

When you carefully view Karp's decision to cut a deal through this perspective, the morality surfaces. That extends from what's due clients to what's due employees.

In the prestigious personal services sector - in which Big Law is, of course, a part - moral stances tend to crowd out business points of view. 

But now we can see differently. It all intersects. Karp's business justification of the negotiations embedded moral issues. Business is an institution of society. As such it can't unbundle itself from morality. 

In coaching, I guide clients in this disrupting economy and geopolitical context to see differently. Nothing is simple.


Wollin seems to be using a circumscribed kind of lens. 

Careers? So Over. It’s about Earning a Good Living. No matter what.

Complimentary consultation. No Pressure. Street-smart Guidance. Contact Jane Genova janegenova374@gmail.com.


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