Super Lawyers of the Gilded Age
Retired Wall Street lawyer John Oller
takes us back to the turn of the 20th Century when the modern law
firm was created to service the giant industrial corporations that were taking
form. Among the IVY League WASP lawyers we see Paul Cravath fresh after his
winning the “current wars” for his client George Westinghouse against Thomas
Edison create the model of today’s law firm. He hires associates straight out
of the best law schools, trains them and puts them on a partnership track. He
also creates a profit sharing system among the partners. More than 100 years
later this is how corporate law firms work.
We meet Frank Stetson, JP Morgan’s
lawyer, future Chief Justice of the Supreme Court Charles Evans Hughes, George
Wickersham who would become William Howard Taft’s attorney general who brings a
multitude of anti-trust lawsuits, and William Nelson Cromwell who pretty much
is responsible for a coup in Panama that leads to the building of the Panama
Canal. We also meet a young John Foster
Dulles, who would later run Sullivan & Cromwell and be Eisenhower’s
secretary of state.
There is also one Jewish lawyer in this
telling. He is Samuel Untermyer who
after making a fortune on Wall Street, he becomes a leading muckraker taking on
the titans of Wall Street, including JP Morgan in very famous congressional
hearing.
Out of their labors we see formulated
the notions of the “rule of reason” in antitrust cases first enunciated by William
Howard Taft when he was an appellate judge, the consent decree and the business
judgement rule for corporate officers and directors. As the story evolves most
of Oller’s protagonists make peace with the progressives they rub up against
and as such they become part and parcel with the newly emerging administrative
state. Of course the emergence of the administrative state would become a great
boon to the super lawyers.
We also see the growing internationalist
outlook among Oller’s Wall Street lawyers. They push for intervention on the
Allies side in World War I and actively support the creation of the League of
Nations. A generation later they would form the backbone of Wendell Willkie’s
campaign for the presidency. Oller bemoans the fact that Wall Street lawyers
are far less involved in Washington D.C. then they were 100 years ago. Instead
we see Wall Street investment bankers taking their place.
Oller has written an interesting book
highlighting the merger between law and capital. At time he gets bogged down in
too many details, but on the whole his book makes for an interesting
history.
The full Amazon URL appears at: https://www.amazon.com/review/R1DA0ATSMPIED3/ref=pe_1098610_137716200_cm_rv_eml_rv0_rv
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