Johnson, Lorenzo v. Wienslo et al
Filing
63
ORDER that the clerk's office enter Michelle Umberger and Lissa Koop of the law firm of Perkins Coie as plaintiff's pro bono counsel of record. Signed by District Judge William M. Conley on 2/25/2016. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LORENZO JOHNSON,
ORDER
Plaintiff,
v.
13-cv-114-wmc
LT. WIENSLO, LT. SABISH, LT. SCHENERDER,
SGT. BORAH, C.O. 2 LUNDHA, C.O. 2 GILLS,
MR. GREFF and C.O. 2 BEAHM,
Defendants.
Plaintiff Lorenzo Johnson brought suit under 42 U.S.C. § 1983, alleging that
defendants and others employed by the Wisconsin Department of Corrections at
Waupun Correctional Institution violated his Eighth Amendment rights by placing him
in a feces-filled cell for three days.
After withdrawal of prior recruited counsel (for
reasons unrelated to plaintiff or this lawsuit), the court recruited and counsel Michelle
Umberger and Lissa Koop of the law firm of Perkins Coie in Madison, Wisconsin, agreed
to assume his representation pro bono.
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 their appearance as plaintiff’s pro bono counsel
for the record, subject to plaintiff finalizing the terms of that representation.
As previously explained, plaintiff should appreciate that his counsel took on this
representation out of a sense of professional responsibility, which includes representing
his interests zealously. In return for their representation, however, plaintiff, too, has
taken on responsibilities. For example, all future communications with the court must be
through his attorneys of record. Plaintiff must also work directly and cooperatively with
his attorneys, as well as those working at their 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 new attorneys to represent him.
ORDER
IT IS ORDERED that the clerk’s office enter Michelle Umberger and Lissa Koop
of the law firm of Perkins Coie as plaintiff’s pro bono counsel of record.
Entered this 25th day of February, 2016.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?