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Law firms generally steer clear of politics for a reason. But sometimes, it's unavoidable. And when the two collide, it's rarely pretty.
I'm Krishnan Nair, Deputy Editor at Law.com International, bringing you this week's edition of The Global Lawyer—our weekly summary of the major news and trends affecting the global legal industry. The Awkward Meeting of Law Firms and Politics
Lawyers are famously loath to talk politics - publicly, anyway; the stakes are too high, the risks too great. In today’s profoundly politicised world, nothing ends a friendship quite like divergent party politics. And the last thing any lawyer with a 2,000-billable-hours target wants to do is upset a client, much less alienate them.
But 2021, as we know, has been a year like no other. When back in January an army of purported Trump supporters stormed the U.S. Capitol building, once immutably neutral law firms sputtered onto the political scene, unable to contain their anger at what they felt was an egregious assault on the rule of law.
Crowell & Moring was among the first to call for the removal of then-president Donald Trump by the 25th Amendment, urging other law firms to stand alongside them. To some, what was at stake was nothing less than the very foundation of American democracy, while to others it might have appeared as a leap into partisan politics by professionals who have sworn to act dispassionately.
Crowell's move was deliberate. But this month we've seen one of its U.S. rivals, Mayer Brown, step perhaps unwittingly, and almost certainly regretfully, onto the frightfully thin ice of Hong Kong politics.
Law.com International reporters wrote about how Hong Kong’s former chief executive Chun-ying Leung called for a boycott of the U.S. firm, which has been embroiled in a high-profile political controversy. Rooted deeply in the question of democracy, it’s the kind of wrangle you’d expect a law firm to do anything to avoid.
But, as our reporters explain, the firm had earlier this month issued a legal letter to the now-defunct Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its liquidators, ordering that a renowned sculpture that has been standing on the campus of Hong Kong University for over two decades be removed by October 13.
The sculpture, known as the ‘Pillar of Shame’ by Danish artist Jens Galschiøt, commemorates the victims of the Tiananmen Square massacre in Beijing in 1989, in which hundreds of people died after the People’s Liberation Army was deployed to deal with protestors. Long been forbidden in mainland China, it’s not a topic Hong Kong’s government acknowledges.
When it emerged that Mayer Brown would represent Hong Kong University, 28 human rights groups sent it a letter, urging it to stop advocating for the removal of the sculpture.
The letter said: “For the Mayer Brown law firm to demand that it be removed after all these years when there had been no objections from the university nor from the student body in the past, shows that Mayer Brown has violated its stated mission to make a positive difference in the lives of Hong Kong citizens.” After much pressure, Mayer Brown withdrew its representation of the University, a move that sparked outrage in certain quarters.
Calling for a boycott of the firm, Leung wrote on his Facebook page: “The fact that Mayer Brown can turn around to stop providing legal services on the removal of the ‘Pillar of Shame’ in HKU is itself the result of meddling.”
We will continue reporting on the topic, so keep an eye out on coverage.
No matter the source of the pressure - whether from states or private players - the issue raises big questions about if and when it’s okay for a law firm to withdraw representation.
With the Qatar World Cup less than a year away, blighted by recurring questions around human rights violations and press suppression, I anticipate seeing more and more law firms grappling with the often conflicting interests of global politics, public relations, ethics, and, indeed, the duty of care to the client.
Europe's Private Equity Rising Stars
It's here. The industry's definitive rundown of the best and brightest of Europe's up-and-coming private equity lawyers in 2021.
For what is always one of our best read annual releases, U.K. reporter Hannah Roberts spent months researching the market to unearth the top talent in the U.K. and European legal industry at a time of unprecedented activity levels for the sector.
As the PE market booms, and as the biggest clients turn to a new generation lawyers, competition to make the list was fierce.
To compile the list, Hannah approached many of the world’s largest and most influential private equity houses to seek out recommendations before surveying a wide range of experienced partners for their views on which private practice lawyers aged under 40 they rated most highly.
We saw more than 80 lawyer submissions which were then whittled down to the top 25. The response to the list on social media and by the lawyers and law firms selected has been big, once again underscoring the list's reach and influence. A must read for lawyers and clients alike.
The Week's Other Big Stories
Latin America correspondent Amy Guthrie reported on how DLA Piper’s Brazil affiliate, Campos Mello Advogados, poached a team of five lawyers from Mayer Brown’s Brazilian affiliate to expand the firm’s capabilities in oil and gas, maritime, litigation and arbitration.
Patrick Smith wrote about how U.S. firms are getting to grips with the 'unseen' barriers to productivity as law firms return to the office - a topic which Australia reporter Chris Niesche also touched upon in his piece about Herbert Smith Freehills becoming one of a growing number of domestic and international firms in Australia to say they will require staff to be vaccinated before they return to the office.
In Paris, Bryan Cave Leighton Paisner bolstered its litigation and investigations practice with a four-lawyer hire from White & Case, including a partner. U.K. reporter Hannah Walker writes.
Varsha Patel had the story on the crucial underreported metric that can shed light on - and develop - a law firm's policies to engender more diverse recruitment. It's a major topic so look out for more coverage in the coming weeks.
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