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05/12/08
That case had the firm Shearman & Sterling, LLP, as pro bono counsel for the detainees. At the time there was much discussion of the merits of US law firms providing free legal counsel for the detainees, who were accused of various acts of war against the United States. Indeed, many were critical of Shearman & Sterling at the time.
Now that Ajmi, who won release via Shearman & Sterling's efforts, has gone on to kill several people (thus validating the US government's original view of him in the process), the practice of large law firms providing free pro bono advice to likely enemies of the United States has come under increasing fire. Indeed, the Wall Street Journal has jumped on the case to basically point out the following: It's a fair bet that no high-powered American law firm will lend a caring hand to the relatives of the seven Iraqis murdered last month by a suicide bomber named Abdullah Salih Al Ajmi and two accomplices. That's too bad, seeing as how Ajmi was himself a beneficiary of some of that high-powered legal help.
This has, of course, raised the question of whether big US firms are using pro bono work to favor political causes over actually trying to help those who need the help. Indeed, I am not aware of any Big Law firm that volunteers to aid victims of terrorism, only those accused of committing it.
Of course, the ABA has said that the large firms are only providing criminal defense to those who need it, which is indeed a core value of American law. However, I am not aware that there is a core value of providing free criminal defense by lawyers who would charge several hundred dollars an hour if regular people tried to get that same legal talent for themselves.
Is this a question of pro bono work that's really not about pro bono at all but rather political advocacy in disguise? The debate will no doubt rage on.
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