Path from Big Law to Public Service

Michelle Kallen, class of 2010, was a guest speaker at Vanderbilt University Law School under the auspices of the Women, Law, and Policy Program. She is presently a partner and co-chair of the Appeals and Advocacy practice at Steptoe LLP in Washington, D.C.

Kallen's career in law started in the area of private practice. She was initially at Simpson Thacher & Bartlett LLP and subsequently at Paul Weiss Rifkind Wharton & Garrison LLP. She internally valued positions at companies which had a strong litigation practice, corporate law exposure, and a large number of pro bono activities. The experience which she had early on proved to be very helpful when she made a move to the government sector.

In 2018, she was invited to join the Office of the Solicitor General for the Commonwealth of Virginia and ended up as the state's seventh Solicitor General, the first woman ever to hold that post.

Navigating Crisis: COVID-19 and State Emergency Litigation

Kallen took the position of the top appellate law officer just before a very significant change occurred: a turnover in state government and the arrival of the COVID-19 pandemic. Her office was very active in responding to the situation. They had to quickly draft emergency executive orders, defend gubernatorial powers in court, and litigate pandemic-related restrictions, all under very tight deadlines. Kallen often appeared in court while she was also juggling the early stages of parenthood.

Championing Constitutional Change: The Equal Rights Amendment (ERA)

One of the most prominent moments of Kallen's government career was her involvement in the Equal Rights Amendment (ERA) project. When her office made the decision that Virginia's ratification equated to the ERA being the 28th Amendment, she took the lead in coordinating the legal actions with other states, namely Illinois and Nevada. They filed a lawsuit requesting the federal Archivist to issue a formal statement regarding the new amendment. The court, however, refused to issue the order citing the problem of standing, thus leaving the ERA's legal status unresolved.

Kallen was of the opinion that the denial to certify the ERA caused a "ceremonial injury" - an emblematic but real damage to constitutional equality. She pointed out that, although the 14th Amendment has been interpreted for a long time as prohibiting sex discrimination, it is quite weak to rely solely on this interpretation, especially considering the changing jurisprudence. According to her, the ERA would provide for clear, text-based protections.

Defending Democracy: Litigation After the January 6 Attack

Following the end of her time in Virginia in 2021 due to a change in political leadership, Kallen transitioned to federal service. She became a member of the Office of General Counsel for the United States House of Representatives where her role was to represent the House in legal cases connected to the January 6 United States Capitol attack. She was instrumental in the drafting of the House Select Committee's brief in Eastman v. Thompson by the time it was filed a week later. This case revolved around the claim of attorney-client privilege in connection with emails from a lawyer advising former President Donald Trump. The team sought the application of the crime-fraud exception to the privilege.

Kallen considered this work as a very significant contribution in the fight to defend the democratic institutions and congressional oversight powers.

Return to Private Practice and Gender Dynamics in Litigation

After her tenure in the federal government, Kallen went back to private practice at Steptoe. In spite of a very prominent appellate record, she described the situation when she came back to "Big Law" as rather difficult. The market for senior appellate lawyers is limited, especially for women. She shared her experience of being mistaken repeatedly by the court staff and law enforcement officers who thought that she was a paralegal or a clerk while in fact, she was the lead counsel - even in cases before high courts.

Kallen revealed that it has taken her resilience and support in order to balance high-level litigation activities with her parenting roles. She pointed out that there is advancement in those companies where female leaders are present - including her own firm, and stressed out the importance of developing office cultures that have women as senior figures.

As a final point, she advised aspiring lawyers to accept the unpredictability of their careers and keep being open to non-linear paths. The real influence is often the result of taking up unexpected roles and combining legal work with public ​‍​‌‍​‍‌​‍​‌‍​‍‌service.