Law rm defends 'U'

Team of 6 lawyers plans defense

Behind all of the University statements of intents, quotes from official spokespeople and stacks of legal documents is a team of lawyers dedicated to halting an attack on the University's use of race in its admissions process.

Based in Washington, D.C., the law firm Wilmer, Cutler & Pickering is the hidden force behind the University's defense of challenges made to the University's Law School and College of Literature, Science and the Arts.

Three white applicants targeted the two schools in separate lawsuits, all claiming they had been unfairly evaluated in the admissions process because race had been used as a factor.

In October 1997, the Center for Individual Rights filed one lawsuit on behalf of undergraduate applicants Jennifer Gratz and Patrick Hamacher.

CIR then filed a second suit on behalf of Law applicant Barbara Grutter in December 1997.

WCP was founded in 1962 and now employs more than 250 lawyers, supported by more than 600 staff members.

WCP partners Jane Sherburne and John Payton are leading WCP's team of six lawyers to defend the University in the two lawsuits.

The team works along with Detroit firm Butzel Long to defend the University in the two affirmative action cases.

CIR, which is also based out of Washington, D.C., is heading the plaintiffs' case. CIR is well-known by many for its victory in Hopwood v. the State of Texas.

Hopwood barred Texas public colleges and universities from using race in their admissions practices.

With less media attention, WCP lawyers said their firm's background, including a number of civil rights cases involving affirmative action, is often overlooked.

"You couldn't find a team of people more committed to defending the University's ability to use affirmative action in its admissions," Sherburne said.

In 1989, Payton argued for the City of Richmond, Va., in front of the Supreme Court in Richmond v. J.A. Croson Co.

The City of Richmond had adopted a plan to give more of the city's construction contracts to minority businesses.

Cases such as Croson brought Payton and WCP to the attention of University President Lee Bollinger, who decided what law firm should represent the University.

"I wanted someone, a firm, who was really first-rate to provide legal advice and counsel, and also attorneys who were deeply knowledgeable about the area," Bollinger said, adding that he immediately thought of WCP.

Payton, Bollinger said, is a nationally recognized civil rights lawyer. "It's his area of law," Bollinger said.

But several months ago a Detroit newspaper printed an article that questioned the University's choice in law firms. The article suggested that donations WCP made to CIR were a conflict of interest, since the firms serve as opposing counsels in the lawsuits.

The article pointed out the "friendly" nature of the two firms.

University administrators denied that the donations could affect WCP's ability to objectively defend the University in the two lawsuits.

"Before they were engaged to represent the University, Wilmer, Cutler & Pickering informed the University that the firm had made small donations to and had represented CIR on a few First Amendment matters in the past," University spokesperson Julie Peterson said. "We do not believe this history poses any problem for the representation of the University."

Sherburne explained that some WCP partners have been "walled off" from participating in the University case because of their contact with CIR.

"They are completely excluded from any discussion related to the case," Sherburne said.

"The University is fully committed to defending these lawsuits," Peterson said. "Our ability to recruit a diverse student body is critical for us to create the highest quality educational environment. Because of the importance of these lawsuits we must have the best possible legal representation, and we believe we have that in these two firms."

Butzel Long, which has an Ann Arbor office, is also involved in developing legal strategy. The firm's local branch is aiding in the discovery process of the lawsuit, which is currently underway, and is the source of local legal code and procedure for the University's legal team, Sherburne said.

One of WCP's partners and founders, John Pickering, has ties to the University that date back several decades. Pickering finished his undergraduate degree at the University in 1938 and earned a University law degree in 1940. He returned in 1992 to give the Law School's commencement address.

WCP boasts of Pickering being an "expert in Supreme Court practice and procedure." Pickering specializes in federal administrative law and appellate practice, but he has received several awards from the NAACP Legal Defense Fund and the National Women's Law Center, among others, for his contributions to civil rights law.

The two lawsuits are scheduled to go to trial this summer.

02-17-99