Unbelief among Dutch lawyers about the Zuidas office deal with Trump: ‘intensely bad step’

It is restless on the Amsterdam Zuidas since the long arm of Donald Trump also reached the Dutch legal profession last Friday. That day a deal was settled that had been in the air for some time: four major American law firms will provide the Trump government for hundreds of millions of euros in the coming years in free assistance in things that Trump considers important. They also promised to base their personnel policy purely on ‘merits’ and not to take characteristics such as race, gender or orientation into account. In fact, the offices threw their diversity principles overboard. These are Latham & Watkins, Simpson Tacher, Kirkland & Ellis and A&O Shearman.

The British-American A&O Shearman also holds an office on the Amsterdam Zuidas. Monday it reported Financieel Dagblad Already about the ‘dissatisfaction’ at that office about the agreement, in which 125 million dollars in pro-bonobudget was promised to Trump. In recent weeks, several staff meetings would have been held about the issue, where « the emotions rose high, » according to it FD. The deal brings the Amsterdam office – which stands on its website diversity and is a sponsor of Pride Amsterdam – not only in embarrassment to the outside world. It also exposes friction with the parent company; A&O Shearman Netherlands will simply participate in Pride this year, the company noted.

The news sings around in the rest of the Dutch legal profession and the worries are great. Do these offices now make a knee valley for Trump to avoid sanctions from the White House, something that goes against everything that the legal profession stands for? And will that be expected from Dutch lawyers?

Few on the Zuidas want to talk about the issue by name and by name, because of much uncertainty about the consequences of this kind. For the independence and safety of the profession, but also for the job security of those who speak out, or even for their chances of coming into the US.

« You don’t want to lose your fellow lawyers and you don’t want an angry administration in America, » says a lawyer at a Zuidas office who wants to remain anonymous. « Under my Dutch colleagues, disbelief sounds, » he says by telephone. « This deal is bizarre, an intensely bad step. » The lawyer calls it « unthinkable that you as an office are blackmailed by the Trump government, who says: if you don’t work with us, you no longer have access to federal jobs ».

Grain

The eventful deal came under high pressure, and not without threats. The four offices were previously part of a group of twenty offices received a letter From the Trump government stating that their diversity and inclusion policy would be ‘illegal’. A number of offices would also have been denied access to federal clients and buildings through a decree, including Paul Weiss. That office assisted the Attorney General of Washington DC who continued the Capitol stormers of 6 January 2021.

It all fits in a hunt of Trump at law firms who assist clients who do not like the president. That principle, in which lawyers are identified with their clients (such as authoritarian leaders who have the lawyers of their opponents locked up) is rightly incorrect and prevents lawyers from performing their work properly, The United Nations And the Council of Europe. The four offices that signed the deal on Friday were also taken up because they assisted Trump opponents, from Joe Biden to Pro-Palestinademonstrants and migrants on the border with Mexico.

Paul Weiss was the first office in March to have the choice between fighting in court, or yielding. It tacked And promised to do pro-bono matters for the government for 40 million dollars.

‘Bribery’

« I can imagine that partners of the Dutch branch of A&O Shearman have thought: what happens to me now, » says Paul Tjiam, partner lawyer at Simmons & Simmons LLP. « As a Dutch location of a large international office you are not always involved in the decisions made at the head office in the US. » According to him, the ‘looking coffee grounds’ is whether lawyers in the Netherlands will soon have to do pro-bono work for Trump. « But in view of the trade relationship with the US and the Trade War, that is not inconceivable. »

Another Zuidas lawyer who wants to remain anonymous speaks of « bribery by Trump’s clamping. » He is worried that the deal affects the credibility of the legal profession, also in the Netherlands. « The legal profession must in principle be independent, but these offices bow with a ruler. They have now dropped their independence. They chose their own wallet. »

On his social medium Truth Social Trump explained what those pro-bono matters entail: including legal aid for veterans, soldiers and their relatives and the fight against anti-Semitism, all things that in his own words « promote the honesty of the legal system ».

In one opinion piece in Advocatenblad Lawy Lawyers and philosopher Christ’l Dullaert points to the double message. « Of course it is mainly about what you can no longer do. » Among other things, she refers to legal aid for people who are deported to El Salvador, students who protest against Israel and transgender people.

Dependent

« If the fear of losing assignments is so great, you have made yourself too dependent on a small number of clients as an office, » says Marq Wijngaarden, human rights lawyer at Prakken d’Oliveira. Something similar happened, according to him, when Russia invaded Ukraine and some law firms suddenly lost a large part of the cases for Russian oils. « That is the risk of doing business. »

Wijngaarden does not exclude the fact that the consequences also become tangible for lawyers in the Netherlands. « Nobody knows exactly what Trump is capable of, but if, for example, a Dutch office is said: no transers may be hired here, then it clashes directly with human rights and Dutch law. That could result in interesting proceedings against law firms. »

The Bar Association leaves NRC are currently « actively informing about what is happening in the US and the possible effects on the Dutch legal profession ».

To share

Mail the editors