As most of Big Law stays quiet, WilmerHale finds some allies in its face-off with Trump

Boston Globe

22-04-2025

The future of WilmerHale, based in Boston and Washington, could be at stake:
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For a growing number of law firms, though, much more is at stake: The foundations of the country's legal system could crumble if the threats against WilmerHale and other firms in Trump's crosshairs are allowed to stand. WilmerHale has apparently invited Trump's wrath because of its involvement in voting rights cases, diverse hiring practices, and employment of Robert Mueller and two other lawyers who worked on a probe into Russia's activities in the 2016 presidential election. In Trump's words, WilmerHale has 'abandoned the profession's highest ideals,' undermined justice with its pro bono activities, and employed lawyers such as Mueller (now retired) who 'weaponized' the government.
Trump promised retribution against those he feels have wronged him — and now he is delivering.
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In early April, more than 500 law firms
That number comes with a huge asterisk: Fewer than 20 of the 200 largest law firms, known in the industry as the
Of the Am Law 200 firms that did speak up, at least three have a major presence in Boston: Choate, Hall & Stewart, Foley Hoag, and Goulston & Storrs.
The amicus brief that the firms signed in the WilmerHale case says Trump's executive order should be permanently blocked because it violates the Constitution's First, Fifth, and Sixth amendments, as well as basic separation-of-powers principles. The legal system, the firms argue, depends on attorneys willing to be fierce advocates for clients without fear of retribution. Zealous representation, the argument goes, helps impartial judges arrive at just and informed decisions. That 'proud tradition is in jeopardy,' the firms state in their brief. 'Unless the judiciary acts decisively now, what was once beyond the pale will in short order become a stark reality.'
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Even the big firms that support WilmerHale seem to be doing so cautiously. A spokesman for Choate Hall & Stewart didn't return messages seeking comment, and Goulston & Storrs declined to comment. Foley Hoag has won many admirers in Boston's legal community for standing up; its managing partner, Jim Bucking, offered
a prepared statement when asked to comment.
'We were proud to stand with our friends at WilmerHale and the other firms targeted by executive orders,' Bucking said. 'Our decision was guided by the values and principles that we apply to our own practices and service to our clients. We concluded that this was the right thing to do for Foley Hoag, even though the vast majority of the country's largest firms made a different decision.'
Attorneys at smaller firms and in academia appear more willing to speak freely about the conundrum the legal sector faces.
'The independence of lawyers is essential to the rule of law, to a functioning legal system, and for our country,' said Colin Van Dyke, managing partner at Anderson & Kreiger. 'Once we agree to give up some of that independence, it's hard to see where it stops.' That's one reason Van Dyke and his 45-lawyer Boston firm signed the amicus brief in support of WilmerHale.
There was no question Boston College's Cheryl Bratt would sign on with a pro-WilmerHale brief, along with nearly 700 other law school professors. Early in her legal career, before joining academia, Bratt was an associate at the firm and was drawn to it in part because of its civil rights legacy and reputation for taking on tough public causes. During an orientation, the new lawyers learned about WilmerHale's history, including how
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Bratt says she's teaching her first-year students at BC Law about the executive orders, and the pushback — a fight she says could have ripple effects in other sectors of business. 'Trump is instilling fear in lawyers [and] this gives him a long and wide runway to act brazenly and unlawfully,' Bratt said. 'You can see how quickly society can unravel when we no longer have lawyers as checks on power.'
Jon Feingold, a law professor at Boston University who signed the WilmerHale brief, said he's frustrated that so few of the big firms are standing up to Trump. That could make it more challenging for people or organizations that believe they've had their rights violated by the federal government to find good legal representation.
'Instead of leveraging all of your wealth and legal talent to resist, you capitulate,' Feingold said. 'It undermines the fabric of the entire legal system.'
Feingold and other WilmerHale allies raise an important question: What kind of legal system will remain if the president can cajole law firms into subservience and punish those that don't make a deal?
Jon Chesto can be reached at