August 2021 Promulgator

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Access to Justice A report of the Lafayette Bar Foundation, provided by Foundation Chair George "Dave" Ernest, III.

Greetings everyone. I hope you are enjoying your hot and rainy summer. In this article I want to thank someone and tell you about the federal Civil Pro Bono Panel Pilot Program – a volunteer program that may be of interest to you. First I want to thank Judge Robert R. Summerhays, who as you know is the U. S. District Judge for the Western District of Louisiana. On April 28, 2021 he presented a seminar for the Lafayette Bar Association and Foundation. The seminar was a hybrid one – in person and virtual. I, and on behalf of the Foundation, thank Judge Summerhays and express our gratitude for taking the time out of his busy schedule to talk to us. Judge Summerhays spoke about a pilot program for appointment of attorneys to represent prisoners in civil rights actions. That segues to the second thing I want to tell you about. Recently the United States District Court for the Western District of Louisiana approved a pilot program to create a Civil Pro Bono Panel. The goal of the program is to compile a panel of attorneys who are willing to undertake pro bono representation of pro se inmates in civil matters most of which are civil rights claims under 42 U.S.C § 1983 challenging the conditions of confinement or the use of force. Under the pilot program, assignments will be made only after dispositive motions have been resolved and the matter is likely to proceed to trial or settlement. If a panel member accepts the case, the court will enter an order appointing the attorney to represent the inmate. For those concerned about insurance coverage, the Lafayette Bar Foundation provides malpractice insurance for those who volunteer to take a case. While the program is frequently referred to as pro bono, that is not entirely descriptive. Some of us refer to it as “low bono” because volunteer attorneys who accept assignments under the program are eligible to receive attorney’s fees of up to $2,500. The program also provides for up to $2,500 for reimbursement of costs and expenses. The program serves several important purposes. First, it assists the court in efficiently administering its docket. As we all know, litigation goes more smoothly and efficiently when both sides are represented. Second, the program offers lawyers, young and old, the opportunity to gain federal court trial experience in general and in civil rights litigation in particular. Finally and not least, the program provides incarcerated litigants with civil counsel. The goal is to establish a panel of lawyers willing to take a case of this type when the need arises. Today only two or three attorneys have volunteered. Of course we would like to have more. If you are interested, visit https://www.lawd.uscourts.gov/civil-pro-bonopanel to find out more about the program. If you desire to join the panel – and I hope you do – please contact Marilyn Lopez, the Lafayette Bar Foundation’s Director of Pro Bono Services at 337-2374700.

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Congratulations to Gibson Law Partners’ very own, Jim Gibson, who was recently selected to be a Fellow in the International Academy of Trial Lawyers. The Academy was founded in 1954 and limits Fellowship to 500 trial lawyers in the United States. Fellows have undergone a rigorous vetting process and are recognized as having achieved a career of excellence as demonstrated by their skills in trial, integrity and professionalism. It is truly an honor to be named a Fellow with this prestigious organization.


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