Smith, Walter v. Lind, Beth et al

Filing 75

ORDER that David Anstaett from Perkins Coie, LLP has volunteered to represent plaintiff. A telephonic scheduling conference is set for August 30, 2018 at 3:00 PM. Defense counsel is responsible for initiating the call to the court. Signed by Magistrate Judge Stephen L. Crocker on 8/15/2018. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WALTER SMITH,
Plaintiff,

OPINION AND ORDER

v.
14-cv-796-slc
BETH LIND, et al.,
Defendants.

On September 12, 2017, I granted pro se plaintiff Walter Smith’s request for assistance
in recruiting counsel and stayed this matter. (Dkt. 69.) The court has located counsel willing
to represent Smith: David Anstaett, from Perkins Coie, LLP. As such, I am setting a
telephonic status and scheduling conference for Thursday August 30, 2018, at 3:00 p.m..
This should allow sufficient time for Attorney Anstaett to speak to Smith and to enter his
appearance in this case.
As this case gets back on track, plaintiff should appreciate that recruited counsel is
taking this case out of a sense of professional responsibility, which includes representing
plaintiff zealously. In return for this representation by a volunteer attorney, plaintiff also
takes on responsibilities: all of plaintiff’s communications with the court now must be
through his attorney. Plaintiff must work directly and cooperatively with his attorney, as
well as those working at his direction. Plaintiff must permit his attorney to exercise his
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 plaintiff’s every directive. On the contrary, plaintiff should
expect his counsel to tell him what he needs to hear, rather than what plaintiff might want to
hear. Plaintiff must understand that the rules of professional conduct may prevent counsel

from taking certain actions or from permitting plaintiff to take them. If plaintiff decides at
some point that he does not wish to work with his lawyer, he is free to alert the court and
end his representation, but it is highly unlikely that the court will recruit a second set of
attorneys to represent him.

ORDER
IT IS ORDERED that a telephonic status and scheduling conference is set in this matter
for Thursday, August 30, 2018, at 3:00 p.m. Defense counsel will be responsible for initiating
the call to the court at [phone].

Entered this 15th day of August, 2018.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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