Course DescriptionDiscover the practical and ethical considerations of alternative fee arrangements and learn about the ABA's stance on pro bono service and corporate pro bono work in this two part program.
Part 1: Alternative Fee Arrangements - AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences. Trial lawyer Jean Bertrand will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA. Issues include ABA Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms.
Part 2: And Justice For All - Remembering the "Publico" Aspect of a Lawyer's Obligation to Provide Pro Bono Service - Trial lawyer Beau Cole explores the background, benefits and ethical underpinnings, of Pro Bono Publico service for in-house and outside counsel; the need for increased public service by the bar in the face of declines in funding for pro bono publico services; the un-met needs of our underprivileged, and benefits to corporate clients from pro bono publico service by its in-house and outside counsel.
It's good to know that many states have implemented pro bono requirements or outlined suggestions for pro bono work.
- Jacqulyn W.
- Jacqulyn W.