The Beginning and the End of Pro Bono Professionalism: Defense Ethics and Professionalism
Authors: Thomas A. Gilligan, Jr.
Ethical Mentorship: Limiting Your Liability One Cup of Coffee at a Time
Author: Inga Schuchard, Law Clerk
The Ethics of Pro Bono Call of Professionalism, November 2012, Professionalism Perspectives, Defense Research Institute (DRI)
Author: Thomas A. Gilligan, Jr.
Defense Research Institute’s DRI Today Publishes Article Written by Thom Gilligan
Author: Thomas A. Gilligan, Jr.
In my article last issue, I discussed pro bono
representation as a matter of professionalism.
Since the Model Rules of Professional Conduct
and state ethics rules make pro bono
representation an aspiration or goal, pro bono is
generally a matter of professional selfawareness
and behavior, rather than a matter of ethics.
Doing work for free, however, does not free the lawyer from
all of the ethical issues which they face for their paid work.
There are some ethical issues though, which are somewhat
unique to pro bono and this article will address the most
common ones.
Read more...
The Pro Bono Call of Professionalism, May 2012, Professionalism Perspectives, DRI; republished November 2012, For the Defense, DRI
Author: Thomas A. Gilligan, Jr.
Not too long ago, I accepted a pro bono case in which I agreed to represent a woman who was seeking a domestic abuse order for protection. I accepted the representation on a Friday and the hearing was set for the following Monday. I was unable to reach her over the weekend, so I planned to meet her on the morning of the hearing. When I arrived at the courthouse, I looked throughout the waiting area and saw a woman sitting alone in a conference room. Guessing it might be my client, I knocked on the door and entered the room. I asked her name and told her that I would be her lawyer. She immediately burst into tears. She then apologized and said that she thought I was going to tell her that I represented her abuser. We prepared for the hearing and I was able to help her get the relief she and her children needed. She thanked me for being her lawyer. I walked out of the courthouse that morning with a renewed understanding of the impact that a lawyer can make on someone vulnerable, scared and poor. She did not thank me because I was a particularly capable lawyer, or even because I was able to help her. She thanked me because I showed up.
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Ethics Opinions Say Groupons for Legal Services OK
Author: Thomas A. Gilligan, Jr.
In November of last year, Chicago-based daily deals site Groupon went public at a valuation of $13 billon. Shayndi Raice, Groupon and Its ‘Weird’ CEO, Wall St. J., Jan. 31, 2012, at B1. Groupon uses collective buying to offer consumers substantial discounts on products and services in a local market. Deborah L. Cohen, Virtual “tipping point” leverages group deals, Reuters (Jun. 10, 2009), http://www.reuters.com/article/2009/06/10/us-grouponidUSTRE5592K720090610. The site sends out a specialized daily coupon to subscribers in each market that it serves around the world—with a significant discount and a significant caveat: The deal will only go through if enough people sign up and agree to use the coupon. Read more...
Practical Considerations for Effective Mediation, For The Defense, June 2011
Authors: Steven J. Kirsch, Kathryn R. Downey and Nicholas J. O’Connell
It’s no secret that alternative dispute resolution (ADR) has in recent years become more widespread throughout the country. More and more of our clients have become less concerned with whether we win a motion or score points during a deposition. Instead they have focused on nding cost- eective, bottomline solutions to their business problems or litigation woes. Read more...
Social Networking Sites and the Ethical Issues They Create
Author: Thomas A. Gilligan, Jr.
When new technological advances are used and abused by the legal profession, the typical response is to clamor for new ethics rules specific to those technologies. By the time the studies are conducted, working groups have debated the issue and public commentary has exhausted itself, the technology has quickly become dated and the next big thing has taken its place. Blogs have been overshadowed by microblogs, MySpace has been dwarfed by Facebook, and so on and so on. Most ethics questions about the use of technology can be adequately answered by existing ethics rules without regard to medium or application.
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