Bill Dyer (Dec. 30), following up on Stephen Bainbridge (Dec. 28), has some thoughts about “whether Edwards’ career as a lawyer who primarily represented plaintiffs in personal injury cases is, by itself, a factor that ought to cut against his being President.” Along the way, he has some kind things to say about the authors of this site, which are much appreciated.
The question of what sort of pro bono work Sen. Edwards did during his legal career has also been getting attention recently (as in this guest post at Andrew Sullivan’s). For our take on that, see Jul. 27, 2004.
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The Pro Bono Institute at Georgetown University Law Center is unambiguous on this subject:
“However, accepting a matter on a contingency fee basis (even where the chance of recovery is remote) does not make it a pro bono matter under the Challenge definition of pro bono.
Time expended on these cases cannot be counted for purposes of the Challenge.”
Good enough for me.
Your 7/27/04 post is fair indeed — the truly pro bono case is the one taken for no reason other than that someone needs a lawyer he can’t afford. If headlines and professional esteem are part of the motivation, it’s not “pro bono publico,” it’s “pro bono ego ipse.”
The notion that a contingent fee case is in any sense “pro bono” is “absurdus ipse,” unless, for instance, the contingent fee agreement provides for the attorney’s share of the eventual reward to go to a charitable endeavor.
Edwards is the definition of an opportunistic slimball (e.g. Mary Cheny comment in vp debate). I fully expect him to get the Dems nomination in 2008 as he will get the full maximum financial support of the entire legal community. Best of luck to you guys with your new crop of “leaders”. As screwed up as Holland is at least I feel like things are moving in the right direction.
I wonder if Edwards is still able to “channel” the spirits of sick children.
“The Globe cited an example of Edwards’ oratorical skills from a medical malpractice trial in 1985. Edwards had alleged that a doctor and a hospital had been responsible for the cerebral palsy afflicting then-five-year-old Jennifer Campbell.
‘I have to tell you right now — I didn’t plan to talk about this — right now I feel her (Jennifer), I feel her presence,’ Edwards told the jury according to court records. “[Jennifer’s] inside me and she’s talking to you … And this is what she says to you. She says, ‘I don’t ask for your pity. What I ask for is your strength. And I don’t ask for your sympathy, but I do ask for your courage.'”
I wonder if Jennifer is still inside of Edwards….
Lawyers who handle personal injury contingent fee cases often also handle myriad small matters that accompany the client’s big case, eg tickets, minor crimes, landlord negotiations, child support and will not charge for the work. I cant say that counts as pro bono, because it helps keep the client with the good case on the reservation.