One would think that winning a case for law clients in the highest court in the land would grant the attorneys a few pats on the back at work. Instead, the two attorneys behind June’s Second Amendment victory at the Supreme Court were shown the door. Kirkland and Ellis, the world’s highest-grossing law firm, told esteemed colleagues Paul Clement and Erin Murphy to either drop their firearms clients or leave. Kirkland had made a firm-wide decision to drop Second Amendment cases after the Supreme Court victory.
According to Wall Street Journal reporting, the firm had started getting pressure from big clients following the Uvalde mass shooting over its representation supporting gun rights. The Supreme Court victory on the right to concealed carry came one month after the shooting.
“The impetus for a decision like this is to try to avoid more of the scrutiny that is likely coming from this case on the law firm,” said Paul Argenti, professor of corporate communications at the Tuck School of Business at Dartmouth College. “In general, taking a stand is something that organizations of all kinds — corporations, universities, law firms — are going to have to do in this environment.”
“We’re living in a global environment in which people are expecting corporations to be a part of the public debate,” Argenti said.
Corporations are increasingly being backed into political corners as the nation faces divisive issues. Dozens of major firms have spoken out since the Supreme Court overturned Roe v. Wade, offering to cover abortion and travel expenses for employees who live in states where abortion is or may be banned.
“That’s a really sticky situation for a company to have to weigh in on with its shareholders, with its customers, with its employees, and people feel passionately on both sides,” Argenti said. “Where you cannot wade in is where it’s not connected to anything related to you, you can’t do anything about it, and you’re likely to get a lot of people upset.”
Argenti’s largest criticism was when companies or executives flip flop on a position after taking a political stand. Following the Parkland school shooting, JPMorgan Chase publicly said that the firm dramatically cut down on its firearms exposure. However, after Texas passed a law to punish businesses that discriminate against the gun industry, JPMorgan was among several banks insisting it doesn’t discriminate.
“JPMorgan can’t have it both ways,” Argenti said. “You can’t be on one side of the issue, and then when it gets a little slippery, go to the other side of the issue. I’d say the same thing happened with State Farm in relation to LGBTQ rights.”
Argenti also mentioned the Disney debacle, where the company initially decided to stay silent on controversy surrounding Florida education legislation before belatedly wading into the debate.
“If you’re not willing to go to the mat for the decisions you make, a la Tim Cook telling investors to get out if you don’t like our position on climate change, you shouldn’t be involved in the debate at all,” he added. “I always say the best way to avoid a crisis is not to get involved in it in the first place.”
Watch the video above for the full interview.