'This Could Discourage Survivors': U Michigan Drops Steptoe in Misconduct Probe
The university said it feared that Steptoe & Johnson's past representation of certain defense clients, which include Jeffery Epstein and Roman Polanski, would discourage alleged victims of Dr. Robert Anderson from coming forward.
March 09, 2020 at 06:00 PM
5 minute read
The original version of this story was published on The American Lawyer
Steptoe & Johnson will no longer represent the University of Michigan as the school investigates allegations against former university doctor Robert Anderson, who allegedly molested more than 100 people over several decades.
Explaining the decision, the university said the firm previously represented prominent clients accused of sexual misconduct. While the statement did not specifically name clients, it is well known that one lawyer at the firm represented both Jeffrey Epstein and director Roman Polanski, among numerous other white-collar defense clients.
In a Saturday statement issued by the university's board of regents and president Mark Schlissel, the school said: "After consulting with survivors, we have determined that this could discourage survivors hurt by Dr. Anderson from coming forward."
"As a result, we have decided to engage a different firm to complete the investigation, while working to ensure a smooth transition and continue the progress we have made," the statement added.
The university did not say who would lead the investigation going forward, but said it would announce updates in the "very near future."
Steptoe partner Chris Niewoehner had been leading the school's investigation. Before coming to the firm in 2012, Niewoehner spent 12 years as a federal prosecutor in the U.S. Attorney's Office for the Northern District of Illinois and served as trial attorney in the conviction of former Illinois governor Rod Blagojevich.
Steptoe white-collar partner Reid Weingarten represented both Epstein and Polanski.
Steptoe, in a statement, said it is committed to ensuring a smooth transition.
"We appreciated the opportunity to work with the university on this critical investigation. We are proud of our work for the university, confident that it met the university's expectations and our own high standards," the firm said. "We also believe strongly that everyone involved, particularly those directly affected, should be as comfortable as possible with the investigation."
Steptoe was tasked with investigating allegations against Anderson, who died in 2008. Anderson is alleged to have sexually assaulted numerous people between 1963 and 2003 while he held roles as the health services director and then athletic department physician. A hotline set up by the school has reportedly fielded more than 100 calls related to Anderson.
The university had received criticism for retaining Steptoe. John Manly, who represented victims of Michigan State University doctor Larry Nassar, brought attention to the school's choice of counsel on Twitter last week.
"Steptoe & Johnson is the firm that the U of Michigan has hired to investigate Dr Anderson's sexual assaults. Among Steptoe's list of infamous clients are Roman Polanski & Jefferey Epstein. (not a joke) Interesting choice by the Michigan Regents," Manly wrote Friday.
The change in counsel comes just days after the first lawsuit stemming from the doctor's alleged actions was filed against the university. On March 4, attorney Mike Cox filed a complaint in federal court on behalf of an anonymous plaintiff who alleges they were molested by Anderson between 1980 and 1985. While it was retained for the internal investigation, Alston & Bird had not entered an appearance on the school's behalf in that case, nor has any other firm as of Monday afternoon.
Ben Trachtenberg, an associate professor at the University of Missouri School of Law, said that he isn't surprised by the University of Michigan's choice given the dual objectives of such an investigation.
"One goal is to actually find the truth, another is to convey to outsiders that they're trying to find the truth," said Trachtenberg, whose research looks at the legal climate surrounding universities.
While a firm representing Epstein and also leading a sex abuse probe isn't a conflict in any concrete, legal ethics sphere, such representation may turn off clients, Trachtenberg said. He likened the dynamic to insurance companies refusing to hire a plaintiffs attorney who made a career suing insurers on behalf of victims.
Those prior representations "might hurt their ability to be believed. The university is trying to have credibility with victims and stakeholders," he added.
Other Big Law firms have found a niche representing universities in similar investigations as the schools look for third parties to lend credibility to their efforts after the fact. Pepper Hamilton represented Baylor University in an investigation between 2015 and 2016, for example, and Perkins Coie billed Ohio State $6.2 million to investigate school doctor Richard Strauss.
Gina Maisto Smith and Leslie Gomez, who led Pepper's investigation at Baylor, jumped to Cozen O'Connor in 2017 along with three other attorneys and are now vice-chairs of the firm's institutional response group.
Trachtenberg said that as firms continue to develop niche practices like these, they'll have to make sure they're vigilant about avoiding even the appearance of conflict.
"If that's the niche you want to get into, you need to be above reproach from the eyes of people who aren't looking at it from the legal perspective, but from the perspective of 'Can I trust you if I don't know you?'" he said.
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Cozen O'Connor Launches Sexual Misconduct Practice With Pepper Hamilton Pros
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