Debevoise & Plimpton first-year associate Justin Maffett was protesting racial injustice when he was arrested on the Upper East Side of Manhattan earlier this month and charged with a misdemeanor for breaking an 8 p.m. curfew.

When he came to Debevoise in 2019, he said, he was honest with partners about his commitment to economic and racial justice. "From day one, I wanted to create a safe space where I could integrate my passion for social justice with the job," he said.

And Debevoise has been supportive of his efforts thus far, including providing representation on the city's misdemeanor charges on his arrest, he said.

In the wake of George Floyd's death at the hands of Minneapolis police and the national protests that followed, large law firms—like many of their corporate clients—are going to great lengths to become more visible in support of attorneys' own activism efforts. Firms are supporting lawyers or staff who have demonstrated, in addition to issuing statements denouncing racism, ramping up pro bono work and offering large donations to various nonprofits.

Norton Rose Fulbright is giving paid time off to employees to attend protests. Katten Muchin Rosenman announced a "Day of Reflection" — a paid day off from work — to encourage employees to engage in a community cause, such as a peaceful protest. Wilmer Cutler Pickering Hale and Dorr said it will provide legal assistance to "members of our community" who are arrested in any peaceful protest. Some firms are also providing pro bono help to protesters beyond their own employees, as part of their pledges to expand their pro bono work.

But while lawyers agree that the legal industry is handling this moment differently than other times of social unrest, many are concerned about how long Big Law's—and society's—commitment will last.

William K. Whitner, chairman of Paul Hastings' complex litigation and trial practice group, as well as co-chairman of the firm's diversity council, said the legal industry is off to a good start in vocalizing support for racial justice causes but sustained momentum is still in doubt.

"We can't lose this opportunity while people are speaking out," Whitner said. "I fear if that moment starts to ease, people will find it too risky."

'Silence' Is Part of the Problem

Attorney activism has manifested itself in several ways. There are attorneys such as Maffett, who took a peaceful stance in a nonviolent protest. A couple of other lawyers, including now-suspended Pryor Cashman associate Colinford Mattis, have been charged in connection with a Molotov cocktail attack on a police vehicle.

William K. Whitner. Courtesy photo.

Whitner said he believed the normal lawyer pitfalls associated with speaking out on social or political issues, potentially offending a client or going against the grain of a conservatively risk-averse firm, have been somewhat tempered by the overwhelming evidence of culpable police officers, including Derek Chauvin, who is charged with second-degree murder in Floyd's death.

The voices speaking out in unison against law enforcement violence and prejudice against black Americans are fueled, in part, by the nature of the police's actions against Floyd and the need to no longer stay silent, he added.

"It highlighted the problem of people doing nothing, what silence and acquiescence can do," Whitner said. "They [the three other officers on the scene] played a part. For so many people, typically the mindset is, 'It's not me, I'm not the problem.' This situation highlights that doing nothing is part of the problem."

People also feel more comfortable speaking out because of the circumstances underlying Floyd's death, Whitner added.

"It wasn't something that happened quickly or was because of a snap reaction [by police]," he said. "It didn't leave any area for disagreement about it being wrong."

One way Whitner feels Big Law can make an impact that resonates past the swell of initial support is by being more strategic in pro bono efforts.

"Firms are committed to pro bono, but it isn't necessarily targeted to an end goal. We have the bodies and the capability to do that," Whitner said. "We have the skill set."

Others, including McDermott Will & Emery chairman Ira Coleman, agree that "this time is different."

"We've always encouraged our people to stand up for social justice and to fight for racial equality through our pro bono and community efforts," Coleman said in an email, but now "people are heartbroken and outraged, rightfully so, and want to seize this moment to create enduring change."

Balance and Fear

For Maffett, it can be difficult to be both a corporate attorney and a social activist. 

"The balancing act for me has come in the last 36 hours or so," Maffett said earlier this month, shortly after his arrest. "I obviously have billable work I need to get to, calls today that I need to plan for."

Justin Maffett. Photo by Kat Eastwick

Maffett believes the coronavirus pandemic and its associated shutdown orders have made this balancing act possible, for him and for others.

"The difference right now is that we are under work-from-home and stay-at-home orders," he said. "With that comes more autonomy over your schedule and the ability to shift your responsibilities around. Working from home, I can multitask in a way that I could not in the office."

But, echoing Whitner, Maffett said he fears that once these orders have been lifted, the momentum of the protests could wane. 

"I want to be as optimistic as possible and am heartened by what has been demonstrated in the last few days," he said. But "my concern is that once the city starts to open up, when bars and restaurants are open, people will find other ways to spend their time when they have to start doing the 9-5 again."

Read More: 

Law Firms Voice Support for Change—and Pledge to Donate and Take Action

What the Death of George Floyd Should Teach the Legal Industry

Lawyers Accused of Throwing Molotov Cocktail in Brooklyn Protests Return to Jail as 2nd Circuit Grants Stay