Green, Steven v. Chvala, Steven et al
Filing
106
ORDER that the clerk's office enter James Burrows of the law firm of Reinhart Boerner Van Deuren as plaintiff's pro bono counsel of record and to set this case for a scheduling conference in later November 2015, as the court's schedule allows. Signed by District Judge William M. Conley on 11/4/2015. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
STEVEN A. GREEN,
ORDER
Plaintiff,
v.
12-cv-761-wmc
STEVEN T. CHVALA and
BRADLEY SCHROEDER,
Defendants.
Plaintiff Steven A. Green filed this civil action pursuant to 42 U.S.C. § 1983,
alleging that defendant Bradley Schroeder unjustifiably shot at his car as Green fled from
a traffic stop and that defendant Steven Chvala used excessive force in the course of
apprehending him after his attempt to elude officers. At plaintiff’s request, the court
recruited counsel James Burrows of the law firm of Reinhart Boerner Van Dueren in
Milwaukee, Wisconsin, to represent him pro bono for the remainder of this civil action.
See 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person
unable to afford counsel.”); Pruitt v. Mote, 503 F.3d 647, 653-54 (7th Cir. 2007) (en
banc) (noting that § 1915(e)(1) confers, at most, discretion “to recruit a lawyer to
represent an indigent civil litigant pro bono publico”). Accordingly, the court will enter his
appearance as plaintiff’s pro bono counsel for the record.
The next step is for the court to hold a scheduling conference to reset the trial
date in this case.
Plaintiff’s counsel should contact the Wisconsin Department of
Corrections or Oakhill Corrections Institution for purposes of consulting with plaintiff in
the preparation of his case whether by phone and/or in person. So that counsel will have
sufficient time to consult with plaintiff in advance of a scheduling conference, the clerk’s
office will be directed to set that conference in later November 2015, as the court’s
schedule allows.
Finally, plaintiff should appreciate that his counsel took on this representation out
of a sense of professional responsibility, which includes representing zealously those
clients they take on. Now that he is represented by counsel, plaintiff is advised that in
return for representation plaintiff, too, has taken on a responsibility. For example, all
future communications with the court must be through his attorney of record. Plaintiff
must also work directly and cooperatively with his attorney, as well as those working at
his direction, and must permit them to exercise their professional judgment to determine
which matters are appropriate to bring to the court’s attention and in what form.
Plaintiff does not have the right to require counsel to raise frivolous arguments or to
follow every directive he makes. On the contrary, plaintiff should expect his counsel to
tell him what he needs to hear, rather than what he might prefer to hear, and understand
that the rules of professional conduct may preclude counsel from taking certain actions or
permitting plaintiff from doing so.
If plaintiff decides at some point that he does not wish to work with his lawyers,
he is free to alert the court and end their representation, but he should be aware that it is
highly unlikely that the court will recruit a second set of attorneys to represent him.
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ORDER
IT IS ORDERED that the clerk’s office enter James Burrows of the law firm of
Reinhart Boerner Van Deuren as plaintiff’s pro bono counsel of record and to set this case
for a scheduling conference in later November 2015, as the court’s schedule allows.
Entered this 4th day of November, 2015.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
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