- 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.
Ethics: Alternative Fee Arrangements & Pro Bono Service
- Jean L. Bertrand is a partner of Schiff Hardin where she practices primarily in the areas of real estate, toxic torts, and commercial litigation. In addition to trial and appellate experience, she has had extensive experience in the administration of complex litigation.
- Edderick "Beau" Cole is a member of Foreman Perry Watkins Krutz & Tardy. In his esteemed career, he has been first-chair in a number of criminal and civil jury trials and has prosecuted and defended a wide variety of domestic claims on behalf of indigent and underprivileged clients.
- Washington State: 0.5 AV General credit
- Other States: Consult your credit-granting authority