No, I’m just clarifying the correct term. This isn’t a conflict of interest situation.
He left because it wasn’t a battle worth fighting. Do you also believe that every defendant who settles a lawsuit is guilty of some kind of wrongdoing?
More like giving the benefit of the doubt. In the absence of evidence to the contrary, the presumption should be Ginsberg acted ethically. I’ve seen nothing to rebut that presumption.
This link only proves that the authors of that website don’t have any idea how those bar rules work in practice.
They levy two complaints: First, that Ginsberg didn’t make his fee clear to the Swifties, and second that what he claims was pro bono work wasn’t really pro bono work. Both claims are stupid.
The first claim rests on the fact that Ginsberg “had yet to work out payment details” with the Swifties. This, they claim, contradicts the bar rule requiring communication of the fee or rate before or within a reasonable time after commencing representation. The rule is designed to prevent lawyers from taking on work and then whalloping an unsuspecting client with an unexpectedly large bill.
Here’s why it’s false: Ginsberg is a partner at Patton Boggs, which is a well-known, well-respected national law firm. Like most firms, they have standard billing rates for their partners and associates. That standard rate was almost certainly communicated to the Swifties when they first engaged the firm. That communication would serve to fulfill the bar rule’s requirement.
What Ginsberg is referring to is the very-common practice of reducing one’s rate from the standard for high-profile clients. “Payment terms” may mean a discount from the standard rate, or a generous repayment plan, or any other deviation from the firm’s standard billing practices undertaken in order to land a particularly attractive client (“attractive” in this sense meaning “likely to raise our profile and lead to more clients knocking on our door”). That’s called haggling over the bill, and it is no big deal.
The second claim is that Ginsberg, in suggesting that he might take the Swifties pro bono, is somehow violating a bar rule that encourages lawyers to take on poor clients on a pro bono basis because the Swifities have raised a fair bit of money.
This is a really stupid argument for them to make. The bar rule doesn’t forbid lawyers from doing free work for rich clients; it just encourages them to do free work for poor clients. There’s no way in hell that Ginsberg doing work for the Swifties pro bono would violate the DC bar rules.
If it did, a lot of lawyers I know who have done pro bono work for various museums and charitable foundations would be violating ethical rules, since those institutions have large endowments which could be partially diverted to the payment of legal fees.
So both claims are absurd. Too bad, so sad, better luck next time.