Within a month of starting a second term as US president on 20 January 2025, Donald J. Trump began making derogatory remarks about both law firms and higher educational institutions. Providing strong academics and a strong legal system are necessary elements for a pluralistic society to survive successfully. As Trump’s targeted attacks on the U.S. legal system intensified and became more specific, it became evident that he was targeting certain law firms which he believed had ‘done him wrong’ either through an issue or by representing someone he disliked. Trump began signing executive orders and memoranda stating that the named lawyer(s) and/or law firm would be barred from all federal buildings; prevented from ever working for the US government in the future; and any and all current government contracts with the named firm would be cancelled. But, going even further in attempting to destroy or at least limit these law firms, Trump stated that any company using the specified law firm would also be denied any federal contracts.
The First Orders Against Lawyers and Law Firms
Certain Law Firms Give in to Donald Trump’s Demands
On 17 March 2025 and at the Trump administration’s direction, the Equal Employment Opportunity Commission (EEOC) sent letters to the top 20 law firms in the U.S. demanding information on their DEI practices which are comprised of diversity, equity, and inclusion. The EEOC alleged that each firm’s DEI practices violated Title VII of the Civil Rights Act of 1964 (See, Rebecca Beitsch’s article, “Law firms divided over response to Trump orders”; The Hill, March 25, 2025).
Between 28 March and 11 April 2025, a number of prominent US law firms followed Paul Weiss in agreeing to Trump’s terms but with one big difference: none of these other law firms received an executive order from President Trump. Instead, they agreed preemptively to ‘donate’ their firm’s time to prevent any executive orders arriving from the president.
The law firms who struck a deal with Donald Trump were:
- Skadden Arps – agreed to provide Donald Trump with $100 million worth of the firm’s time (28 March);
- Wilkie Farr & Gallagher — $100 million (2 April);
- Milbank — $100 million (3 April);
- Latham & Watkins — $125 million (11 April);
- Simpson Thacher & Bartlett — $125 million (11 April);
- Kirkland & Ellis — $125 million (11 April);
- A&O Shearman — $125 million (11 April); and
- Cadwalader Wickersham & Taft*– $100 million (11 April).
The total amount of free, billable time pledged to Donald Trump by these leading US law firms–including the initial $40 million from the Paul Weiss firm–totals 940,000,000 US dollars (i.e., almost one billion dollars). Each of these deals commits the firm in question to: 1) not engage in ‘illegal DEI’ as labelled by the government (i.e.,“diversity, equity and inclusion”), instead, to use merit-based employment practices; 2) provide pro bono legal services to causes that the president and the firms both support and agree to work on; and 3) ‘not deny representation to clients such as government officials, employees and advisors on the basis of political affiliation’.
None of these agreements to settle can be called traditional settlements. They were and are legally and ethically unprecedented. Veteran lawyers have stated that these settlements don’t appear to be legally valid. Time has indicated that those law firms that have agreed to Trump’s stipulations have lost many of their best lawyers (and clients) who have not agree with the firms’ decisions to bow to the overbroad demands of the Executive Branch. There may be other law firms settling according to “All About Lawyer” on 3 March 2026 which stated, “At least seven other firms agreed to provide tens of millions of dollars in pro bono work for Trump despite there being no executive orders against these firms; they agreed only because of the threat of a Trump order. Skadden Arps’ Executive Partner Jeremy London announced its agreement with President Trump by saying, “Skadden is pleased to have achieved a successful agreement with President Trump and his Administration.” On 11 April 2025, the managing heads of Latham & Watkins, Simpson Thacher, Kirkland & Ellis, and A&O Shearman issued a statement, “Today our Firms reached an agreement with President Trump and his Administration. We have resolved this matter while upholding longheld principles important to each of our Firms. . . We look forward to a continued constructive and productive relationship with President Trump and his team.” It is doubtful that any of these firms felt pleasure or joy at having to give away their firm’s time to the executive branch of government.
Law Firms & Legal Bodies Contesting Trump’s Executive Orders and Memoranda
As of 29 October 2026, the ABA lawsuit is still at an early stage. No trial date has been set and the court has not yet ruled on the substance of the constitutional claims. As discussed below, the government’s appeal of the individual firm rulings remain pending before the D.C. Circuit Court leaving open the possibility that those orders could be revived. The ABA’s position is that whatever happens with any single order, the pattern requires a comprehensive judicial remedy addressing the policy as a whole.
Results from the Four Law Firms Suing Donald Trump
On the very next day (3 March), the Justice Department formally asked the US Court of Appeals to withdraw its motion
made the day before. To clarify such action, the Department of Justice wanted to continue to appeal the earlier court rulings
made in favor of the four law firms. The Department of Justice emailed the four firms, apologizing for the short notice, and
saying it would file a motion to withdraw its voluntary dismissal. All four firms opposed this latest motion by the Department
of Justice but it proceeded to file its appeal brief on 6 March 2026. The law firms followed suit and filed their briefs on 27
March. Several weeks later (19 April 2026), the U.S. Court of Appeals stated that it would allow the Department of Justice’s
motion to continue defending Donald Trump’s orders. Oral arguments in this case of these law firms** against the executive
orders of Donald Trump were heard by the Court of Appeals three-judge panel on 14 May 2026. The law firms were
represented by Paul Clement. The injunctions against the government remain in effect while the appeal is pending.
As of 29 October 2026, the Appeals Court has not yet issued a judgement.
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Notes
“President Trump this month issued an executive order clearly intended to destroy the venerable law firm Perkins Coie, a firm that has zealously represented clients large and small for more than a century. The order left no doubt that Perkins Coie’s primary offense was representing Hillary Clinton in 2016 and standing up for other causes Mr. Trump views unfavorably. It could not have been more blatantly unconstitutional than if a legal scholar had been asked to draft a template for an unlawful executive order: It violates the First Amendment, contravenes fundamental due process rights and imperils the Sixth Amendment right to counsel.
On March 11, the courageous and skillful law firm Williams & Connolly filed a lawsuit on Perkins Coie’s behalf, seeking to enjoin the president’s order on constitutional grounds. At a hearing the next day, Judge Beryl A. Howell of Federal District Court in Washington, D.C. issued an order temporarily barring enforcement of most of the order. The Justice Department responded by moving to disqualify Judge Howell, a motion she rejected in a withering opinion on Wednesday.
Our firm stands with Perkins Coie and all firms and lawyers who fight against this president’s lawless executive actions. That’s why we’ve called on other firms to join us in submitting a friend of the court brief in support of Perkins Coie. If lawyers and law firms won’t stand up for the rule of law, who will?
Beyond the Perkins Coie executive order, Mr. Trump has issued similar, and equally unlawful, executive orders directed at other law firms that have represented causes or people he doesn’t like, including because they have sued him, investigated him or contributed in some way to civil and criminal legal matters brought against him. That includes executive orders in recent days targeting the firms WilmerHale and Jenner & Block. He also issued a memorandum directed across the board at lawyers and law firms that have taken on causes he disfavors, including the pro bono representation of political asylum seekers.
We applaud Jenner & Block’s and WilmerHale’s lawsuits, filed Friday, challenging the administration’s executive orders. To the shock and dismay of many in our profession, the law firm Paul, Weiss, with a tradition of fighting for justice — and also the subject of one of Mr. Trump’s executive orders — chose not to fight for itself or for our legal system. Instead, the firm capitulated, agreeing to direct $40 million worth of free legal work to causes Mr. Trump supports. (Mr. Trump said on Friday that another major firm, Skadden, Arps, had agreed to a similar arrangement to avoid an executive order punishing it.) Paul, Weiss’s choice was particularly disappointing because it further empowered Mr. Trump’s attack on our profession and because Perkins Coie had already charted an alternative path, with a high likelihood of success. We understand that while many firms have agreed to sign on to the Perkins Coie friend of the court brief, some large firms have hesitated or only conditionally agreed if enough of their peers do so first. No doubt they fear losing clients and incurring the president’s ire.
We sympathize. We take seriously our obligations to our clients, our associates, our staff and their families. But at this crucial moment, clients need to find their courage, too. And partners at big firms — who often earn millions a year — must be willing to take financial risks when the fate of our nation, the future of our profession and the rule of law itself are at stake.
You can support a lawyer’s right to represent unpopular clients and causes against powerful forces — essentially the oath we all took when becoming members of the bar. Or you can sit back, check your bank balance and watch your freedoms, along with the legal system and the tripartite system of government we should not take for granted, swirl down the drain.
This is not hyperbole. The common denominator among the president’s recent spate of actions is that he appears to believe he has absolute authority to govern by fiat. What we’ve seen in the last few months tells us that we are moving ever closer to becoming an autocracy — and the current Congress is a lap dog that essentially offers no resistance.
Along with the body politic as a whole, it seems the courts, and the lawyers who advocate in them, are all that stand in the way. A few brave judges will decide whether Mr. Trump is a president or a king. Knowing this, Mr. Trump attacks those judges, calls for their impeachment and sends out messages on social media trying to intimidate them.
Our decision to speak out on this issue was an easy one. We believe that one of the noblest things a lawyer can do is to stand up against the government on behalf of a client whom the government seeks to destroy. When Mr. Trump was indicted and sued, he hired lawyers to defend him. They did a good job, keeping him out of jail and preserving his fortune. For his administration to attack lawyers and firms whose members have opposed or annoyed him is a threat to our democracy.
Lawyers and big firms: For God’s sake, stand up for the legal profession, and for the Constitution. Defend the oath you took when you became officers of the court. If we stand together and fight, we will win.”
© 2026 Keker, Van Nest & Peters LLP