CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Abogados defensores desde 1947

The Daily Transcript
6 May 2004

Pro bono program provides hope for hundreds of families


By David Casey, Jr.

Hundreds of attorneys from every state in the country — and in Canada, England, Mexico and Australia — have lent their experience in the history of American jurisprudence.

And more than 30 San Diego lawyers — including attorneys from Endeman, Lincoln, Turek & Heater; Casey Gerry Reed & Schenk; Hulburt & Bunn; Boudreau, Albert & Wohlfeil; Thorsnes Bartolotta McGuire; and Yunker & Schneider — have participated in Trial Lawyers Care, an ambitious program that provides free legal services to the families of the victims of the Sept. 11, 2001 terrorist attacks.

Immediately following the events of Sept. 11, 2001, the Association of Trial Lawyers of America (ATLA) called for a moratorium on any lawsuits related to the attacks. ATLA encouraged the enactment of the Sept. 11 Victim Compensation Fund — the most generous compensation program since Medicare was enacted in the 1960s.

With the creation of the fund, ATLA pledged that it would provide free legal representation for all Sept. 11, 2001 victim families. ATLA and state trial lawyer associations then launched Trial Lawyers Care, through which trial lawyers would provide pro bono legal services to families eligible to file claims with the fund.

Trial Lawyers Care set up shop in a state office building in lower Manhattan several months later, and a major fund-raising effort was soon under way.

The response of attorneys around the country has been overwhelming. Trial lawyer associations from every state offered help and recruited their members to represent claimants. Nationwide, more than 1,100 pro bono lawyers have represented more than 1,000 families of deceased victims and over 600 injured persons.

Participation and support on a local level has been extraordinary as well. According to Benjamin Bunn, an attorney who helped put the San Diego team together, San Diego has had the highest rate of participation outside of the New York/New Jersey area, with attorneys here recovering more than $100 million for 35 New York families — all free of charge.

“The attorney contribution in San Diego in terms of donated time and services is certainly going to surpass $15 million — and this doesn’t include “hard costs,” he said.

Overall, pro bono attorneys participating in Trial Lawyers Care have moved $2.4 billion from the fund into the victim community — without taking a penny in fees — donating estimated services upwards of $360 million. As a result of representation by Trial Lawyers Care volunteer attorneys, it is estimated that the victim families they have represented will ultimately receive an average of $2,001,393 per claimant.

Representing clients before the Victim Compensation Fund is without parallel in the professional life of most attorneys: There are no legal precedents to consult and, in another unusual circumstance, when lawyers enter the hearing room, they are not confronted by an adversary.

Yet for most attorneys, participating in Trial Lawyers Care has marked the pinnacle of their careers.

“This experience has been one of the most significant accomplishments in my legal career,” said Bunn, the former president of the Consumer Attorneys of San Diego. “Virtually every lawyer I know who has participated agrees with me that this has been the most rewarding thing they’ve ever done.”

While Trial Lawyers Care has been infinitely rewarding, it certainly hasn’t been simple. The comprehensive process to reach and assist victims included multiple steps: attendance at meeting after meeting to explain the fund to explain the fund and the availability of free legal services; creation of a knowledgeable legal resources team to assist attorneys; a campaign to ensure claims were filed by the Dec. 22, 2003, deadline; creation of specialized software to track claimants and attorneys; and development of a 21-member staff to ensure the various steps were carried out in a timely and high-quality manner.

According to Trial Lawyers Care President Richard Bieder, the program — which officially comes to a close in June — has exceeded all expectations, enabling hundreds upon hundreds of families to better cope with the aftermath of Sept. 11, 2001. Indeed, nearly 100 percent of the families of a deceased victim elected to use the fund, for a total of more than 7,000 claims.

“The assistance provided by these attorneys and others to victims has been unprecedented in American history,” Bieder said. “It is gratifying to realize the extent to which Trial Lawyers Care lawyers — and other volunteers — have mobilized to help these families persevere.”

Representing the victims of the Sept. 11, 2001 terrorist attacks has been a massive and incredibly worthwhile undertaking, involving the time, talents and expertise of thousands. Perhaps the most lasting benefit may be the peace of mind this trial lawyer contribution has offered to so many deeply hurt and grieving people who were victims of those horrific attacks.

Casey is president of the Association of Trial Lawyers of America and a senior partner with Casey Gerry Reed & Schenk, San Diego’s oldest plaintiffs’ law firm.

© Marca Registrada 1998- Casey Gerry Schenk Francavilla Blatt & Penfield, LLP. Todos los derechos reservados.
Desarrollo y hosting: WebJuris | Plan visual: meadsdurkett
Casey Gerry Schenk Francavilla Blatt & Penfield LLP --- 110 Laurel St., San Diego, CA 92101-1486 --- 619 238-1811