A Washington Times editorial asserts that John Edwards during his career as a plaintiff’s lawyer “took no pro bono cases”, which if true might expose him to obloquy and also could put him into conflict with the ABA’s Model Rule on the subject (“The science of malpractice”, Jul. 25; see KipEsquire, Jul. 25). Tucker Carlson voiced the same charge on CNN “Crossfire” Jan. 12 (transcript).
But is the charge accurate? In a quick search on “John Edwards” + “pro bono”, the most prominent article to turn up is Adam Liptak’s Jul. 14 New York Times piece, “Edwards’s Lawyerly Style Drew Fierce Foes and Fans”, which phrases things rather differently: “Mr. Edwards handled no notable pro bono cases, the typical vehicle for lawyers who want to have a larger impact.” (emphasis added). The difference is potentially significant, since an attorney might devote considerable effort to pro bono work without handling any court cases that his colleagues might recognize as notable (say, because they sought to shape the course of the law).

No doubt we’ll be hearing more about the nature and scope of Edwards’ pro bono efforts as the campaign proceeds. In the mean time, those of us who are skeptical of his candidacy should be careful not to let our criticisms run ahead of the available evidence.

Filed under: John Edwards, politics, pro bono