A conservative Washington, D.C., law firm with deep political connections has emerged as the courthouse defender of much of Gov. Ron DeSantis’ culture war agenda, raking in nearly $2.8 million in legal fees and contracts from taxpayers to defend some of his top priorities.
One of the firm’s star lawyers, Adam Laxalt, roomed with DeSantis during officer training school and is now running for U.S. Senate in Nevada with his endorsement.
DeSantis’ administration has turned to the Cooper & Kirk law firm to defend a controversial social media law, a ban on cruise ship COVID-19 “vaccine passport” requirements, and a restriction on felons seeking to vote, according to an Orlando Sentinel review of legal contracts.
Most recently, the firm inked a contract in late April with the Florida Department of Education for up to $295,000 to defend a lawsuit challenging DeSantis’ “anti-woke” law limiting classroom instruction and employee training on racial issues. Cooper & Kirk lawyers will bill up to $725 an hour in that case, according to the contract.
In total, Florida has authorized nearly $2.8 million to date for legal services from Cooper & Kirk.
The use of outside lawyers to handle complex litigation is commonplace in state governments across the country. But little attention has been given to the legal firepower DeSantis’ administration has deployed to defend a flurry of lawsuits challenging the legislative priorities of the governor and his Republican allies in the Legislature.
DeSantis’ agency heads have brought in lawyers from other firms to bolster their legal muscle. Holtzman Vogel, which is led by GOP superlawyer and Virginia state Sen. Jill Holtzman Vogel, has received more than $1.6 million to defend SB 90, which put new restrictions on mail-in ballots. The multinational firms Eversheds Sutherland and Holland & Knight also have scored contracts.
Getting a complete picture of the legal tab is difficult because no state agency compiles that information. But contracts and purchase orders posted online by the state’s Chief Financial Officer Jimmy Patronis provide a glimpse.
Cooper & Kirk Stop Woke by Skyler Swisher on Scribd
Legal bills have totaled at least $5.8 million in just five cases, according to the Sentinel’s review. That includes $2.4 million for the felon voting law; $1.6 million for SB 90; $848,800 for the social media law; $572,042 for a ban on school mask mandates; and $422,304 for a prohibition on vaccine passport requirements.
Lawmakers have set aside $1 million for legal challenges to DeSantis’ congressional redistricting maps, which are expected to reduce Black and Democratic representation in Florida’s delegation.
The governor’s office didn’t respond to a request for a comment about the selection process for outside legal help. In a previous statement, Bryan Griffin, a DeSantis spokesman, attributed the state’s legal bills to “activist groups that sue to accomplish their agenda by judicial fiat.”
State Sen. Tina Polsky, D-Boca Raton, said taxpayers shouldn’t be footing the bill for high-dollar, out-of-state lawyers to defend legally suspect laws designed to boost DeSantis’ political profile. DeSantis is widely considered to be a leading GOP contender for president in 2024.
Legislative staffers concluded DeSantis’ social media media law may violate the First Amendment, yet lawmakers passed it anyway. An appeals court recently ruled key provisions of that law are unconstitutional, including one that prohibited social media platforms from permanently banning political candidates. The state has spent more than $848,000 with Cooper & Kirk on a legal challenge from trade groups representing tech companies.
“Fiscally conservative Republicans must be thrilled with these expenses,” Polsky said. “Where are your values? What happens with fiscal conservatism when you purposely pass bills that are unconstitutional and you know will be challenged in courts?”
Firm is politically connected
Cooper & Kirk’s alumni include U.S. Sens. Ted Cruz of Texas and Tom Cotton of Arkansas, three federal judges and Noel Francisco, who served as solicitor general during President Donald Trump’s administration.
With 19 lawyers, Cooper & Kirk isn’t large, but it is viewed as one of the most influential firms in Washington. Its founder, Charles J. Cooper, worked in the Reagan administration’s Justice Department during the 1980s and started the firm in 1996.
Cooper & Kirk has been on the frontlines of prominent conservative battles over the years, such as the defense of a 2008 California voter-approved ban on same-sex marriage. Its clients have included the Boca Raton-based private prison company The Geo Group and the National Rifle Association.
In an emailed statement, Cooper said his firm has a longstanding relationship with Florida, and it’s not surprising that the state hired it to work on legal issues related to Amendment 4, the voter referendum that restored felon voting rights in Florida.
“Cooper & Kirk’s relationship with the state of Florida long predates Gov. DeSantis’ tenure, going back at least 20 years, when Gov. Jeb Bush hired our firm to defend Florida’s voting laws relating to felons,” he said. “We prevailed in that case in the 11th Circuit Court of Appeals, and so it’s hardly surprising that the state of Florida returned to us on a similar issue — the defense of Amendment 4 — in 2020.”
He added the firm prevailed in the most recent felon voting case and is presently representing about a half-dozen states in other cases.
Cooper’s legal resume also includes representing U.S. Sen. Rick Scott and the National Republican Senatorial Committee during the 2018 Florida recount of his election victory.
Laxalt, a former Nevada attorney general, joined Cooper & Kirk as a partner in March 2019 after losing in the state’s governor election.
In November that year, DeSantis’ office signed a $250,000 deal with Cooper & Kirk in a court battle over felon voting rights. DeSantis and Florida Republicans took the position that felons must pay all fines and fees before they could vote.
Laxalt’s signature is on the engagement letter. His name only appears in one other legal contract dealing with a friend-of-the-court brief supporting the importation of prescription drugs from Canada. Laxalt’s hourly rate is listed at $995, while attorney Michael Kirk listed his hourly rate at $1,245.
Cooper & Kirk Felon Voting by Skyler Swisher on Scribd
Payments to outside firms in the felon voting case totaled $2.4 million, including $475,000 that went to Cooper & Kirk. Ultimately, the state prevailed with a federal appeals court ruling in Florida’s favor.
Cooper & Kirk secured more legal work after the felon voting case, including an agreement worth up to $1 million to defend DeSantis’ social media law.
Cooper & Kirk has gotten more than $422,000 for its work on a lawsuit brought by Norwegian Cruise Lines. That case involves a challenge to a Florida law that bans companies from requiring immunization credentials known as vaccine passports. The state is appealing a federal judge’s decision in favor of Norwegian.
Laxalt downplays work in firm
Laxalt doesn’t mention his legal work with Cooper & Kirk in the bio on his campaign website, and it’s unclear whether he is still employed by the firm. He’s no longer listed as an attorney on Cooper & Kirk’s website.
His campaign and the Cooper & Kirk law firm did not respond to questions seeking to clarify his status.
Laxalt lists a combined $3.8 million in “partnership distributions” from Cooper & Kirk as income in financial disclosure statements filed in December and May. On the latest form, he lists himself as a partner in the firm, but he described Cooper & Kirk as a former employer in another section.
DeSantis endorsed Laxalt in a campaign ad, saying he’s known him since they were in the U.S. Navy together. The two were roommates at the Naval Justice School about 17 years ago. DeSantis campaigned for Laxalt in April in Nevada.
That endorsement paid dividends in the Nevada Senate GOP primary, which Laxalt won on Tuesday.
During court testimony in October, Laxalt said he speaks to DeSantis with “regularity” and considers him to be a good friend.
DeSantis, too, has a legal background and is a graduate of Harvard Law School.
AG doesn’t track spending
Attorney General Ashley Moody approves the use of outside lawyers by state agencies. But Florida law doesn’t require the governor and other statewide elected officers to report their legal spending.
Moody, who serves as the state’s chief legal officer, doesn’t track how much the state is spending on outside lawyers. A 2017 investigation by The Associated Press found that Florida spent $237 million on private lawyers over a six-year span, amounting to an average of nearly $40 million a year.
Florida agencies have in-house lawyers at their disposal for legal defense.
The attorney general’s office employs more than 350 lawyers who specialize in everything from criminal appeals and Medicaid fraud to civil consumer protection matters.
Challenges to new laws are typically referred to two bureaus staffed by 15 attorneys, said Whitney Ray, a spokesman for Moody. An additional eight attorneys in the solicitor general’s office are also available to assist in those legal matters.
Forty-five firms are listed as doing business with the state during the 2020-21 budget year with an hourly rate up to $825, according to the attorney general’s office.
State agencies requesting outside lawyers can cite time commitments that exceed in-house resources or a lack of legal expertise on staff.
Ben Wilcox, research director for the nonpartisan government watchdog group Integrity Florida, said more accountability is needed when it comes to the hiring of private lawyers.
“There should be transparency about how much is being spent hiring outside legal help,” he said. “That should be something taxpayers should want to know.”
sswisher@orlandosentinel.com
