Johnson, Haji v. Hannula, Joan et al
Filing
45
ORDER that the clerk's office enter Kendall Harrison of Godfrey & Kahn, S.C., as plaintiff's pro bono counsel of record and to set this case for a pretrial conference in January 2015, as the court's schedule allows. Signed by District Judge William M. Conley on 11/12/2014. (nln),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HAJI JOHNSON,
ORDER
Plaintiff,
v.
14-cv-155-wmc
DR. JOAN HANNULA, et al.,
Defendants.
Plaintiff Haji Johnson filed this action challenging the conditions of his
confinement in the Wisconsin Department of Corrections pursuant to 42 U.S.C. § 1983.
The court granted Johnson leave to proceed with a claim that he was denied adequate
medical care in violation of the Eighth Amendment. At plaintiff’s request, the court has
been able to recruit very experienced and highly-regarded counsel, Kendall Harrison and
the law firm of Godfrey & Kahn, S.C., in Madison, 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 pretrial scheduling conference. Plaintiff’s
counsel should contact the Wisconsin Department of Corrections 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
preliminary pretrial conference, the clerk’s office will be directed to set that conference in
January 2015, as the court’s schedule allows.
Finally, Mr. Johnson should appreciate that his counsel took on this
representation out of a sense of professional responsibility, which includes representing
zealously all of their clients, including the plaintiff.
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 him from doing so.
Accordingly, plaintiff must be prepared to accept the strategic decisions made by
his lawyers even if he disagrees with some of them. 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 Kendall Harrison of Godfrey &
Kahn, S.C., as plaintiff’s pro bono counsel of record and to set this case for a pretrial
conference in January 2015, as the court’s schedule allows.
Entered this 12th day of November, 2014.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
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