In the U.S., attorneys and law firms have noticeably retreated from making prominent proclamations about social issues. Within the past six years, we’ve seen a whiplash backlash against taking a stand. It’s not that law firms aren’t sincere about certain issues, but doing so creates serious business and legal risks in today’s climate.

What Has Changed?

In 2020, the rise of the Black Lives Matter movement inspired many corporations and law firms to step up and make their views known that diversity is valued and racial inequity must be fought against. DEI programs, awards for DEI initiatives, and diversity conferences proliferated. For law firms, adding web pages about DEI, pursuing certifications, and changing recruitment strategies were market standard.

But there are several ways the Trump administration has changed the stakes for law firms and individual attorneys, making them reconsider how they broach certain topics in their thought leadership and digital footprint.

In January 2025, the president issued an executive order that deemed DEI illegal. Then the administration directly targeted law firms, such as Perkins Coie, for DEI hiring and promotion practices (among other things). Over 500 firms joined the amicus brief in support of Perkins Coie. Eight other firms quickly brokered deals with the administration to stay out of crosshairs.

Law firms and attorneys have the option of distancing themselves from these risky topics by avoiding a public stance. But sometimes silence isn’t a viable strategy. Perkins Coie is an example. When the White House issued an executive order, the firm had to communicate with its clients and the public. But should law firms take a stand?

A Lesson From Perkins Coie

Perkins Coie posted a brief message informing its clients that it filed a legal action in response to the administration’s executive order. The firm reiterated its values that underlie a firm culture that is “grounded in a commitment to treating everyone, regardless of background, with fairness, civility, and respect.”

In its message, the firm gracefully sidestepped any mention of DEI, diversity, or merit. Its battle in the court of public opinion is going to be waged in the D.C. Circuit Court of Appeals, on the basis of its First Amendment rights.

Sometimes law firms and lawyers find themselves in the center of a controversy. What’s the best way to make a statement when it seems like the only option?

How to Adapt

Law firms and many attorneys have a digital presence and online personalities on social media and websites. On these public fora, there are several ways to avoid making mistakes, as we learned from other cases.

What not to do:

1. Don’t make divisive comments in the heat of the moment or while emotions are high — online, in the office, or on the street. Even when the pendulum has swung away from DEI, attorneys should avoid making any racially or emotionally charged comments where cell phones may be recording.

2. Expertise is ammunition. Attorneys have the advantage of knowing when the law is on their side. Even after several targeted law firms signed deals with Trump over his executive orders, the administration has repeatedly lost in the courts. The Perkins Coie statement retained dignity and spoke to universally held principles. With dignity and justice on your side, you can make a statement that will preserve your reputation.

3. Own up to conduct. When mistakes are made, the public prefers remorse to doubling down or ignoring the problem.

4. Don’t try to handle this on your own. The old adage, “A lawyer who represents himself has a fool for a client,” holds up here, too. If an attorney or law firm finds itself needing to make statements about controversial issues, call in a crisis communications team.

How Can Jaffe Help You Craft a Public Statement?

When it comes to making a public statement on a hot-button issue, it is important for your key points to be written with precision and thoroughly vetted. Jaffe helps attorneys and firms express their stance on current events by communicating values in an honest and empathetic way. Our experienced public relations professionals can help you craft your key points and share your message through news and industry media, while our digital team can incorporate that message into your website and social media channels.

If you’d like to learn more about Jaffe’s public relations services, contact Vivian Hood at vhood@jaffepr.com.