Silence is not golden.
As news of the horrific attack on Israel by Hamas militants unfolded last week, law firm leaders were once again confronted by a question they have faced with increasing frequency: When is it appropriate to speak out?
The lawyers who steer the world’s law firms, eager not to offend clients, fellow partners, associates and staff, generally choose to stay quiet when it comes to social and political controversy. But silence is in itself a form of action. And as we’ve witnessed more and more in recent years, taking a stance on some of the world’s greatest social and geopolitical issues is often the better way to go.
Last week Winston & Strawn did just that, quickly distancing itself from inflammatory comments made by an incoming associate who described Hamas’s deadly attack on Israeli civilians as a “necessary” form of Palestinian “resistance.” The firm not only rescinded its job offer to the law student but also publicly condemned Hamas and affirmed Israel’s right to exist.
Did the firm cross a line by weighing into the forbidden realm of politics? Winston & Strawn didn’t see it that way. It withdrew the offer, it said, because the incoming associate’s comments were “profoundly in conflict with Winston & Strawn’s values as a firm.”
Yes, values. Law firms and corporations can, and arguably should hold a set of values and stand for something beyond revenue and profits. The German philosopher Immanuel Kant said people should follow a “moral imperative.” Today we call it “doing the right thing.”
I am not going to delve into the messy politics that have left the Israel-Palestinian issue unresolved for decades. I grew up hearing family and friends engage in heated debate about what should be done—conversations that only intensified last week when news broke that Hamas militants had stormed into Israel, slaughtering and kidnapping civilians. And now, as Israel prepares to mount a ground offensive in Gaza, the heartache and sadness felt for those innocent Israelis and for the State of Israel extends to Palestinian civilians who have been or likely will be killed. The two are not mutually exclusive.
But after the initial attack last week, plenty of law firm leaders, including those overseeing the elite institutions of Big Law, did not comment—at least at first. A few international firms that have offices in Israel—Greenberg Traurig, CMS, Sullivan & Worcester—did make statements early on, noting their shock and expressing concern for the safety of their staff. But most remained noticeably silent. Even U.K.-based Kennedys, which has an office in Israel, did not comment in the days after the attack.
Silence, however, did not sit well with many in the legal community, who took to social media, blasting law firm managing partners for their failure to speak out... |
