the archives of f/k/a . . .

September 17, 2003

When Is Donation Solicitation?

Filed under: pre-06-2006 — David Giacalone @ 1:29 am


Overlawyered.com raises important issues in its Sept. 15 posting on the connection between clergy-abuse survivor groups and plaintiffs’ lawyers who represent abuse victims.    According to the featured Forbes article plaintiffs’ attorneys are among the biggest contributors to some survivor groups, while other groups — e.g., Survivors First in Boston — refuse to take such contributions.  (Paid to Picket, by Daniel Lyons, 09.15.03; free regis. req’d) Forbes notes a strong difference of opinion between two prominent lawyers for clergy-abuse victims:



“The symbiotic alliance makes Mitchell Garabedian squeamish. The lawyer last year negotiated a $10 million settlement for 86 plaintiffs in Boston, but he won’t give money to advocate groups because he believes the practice violates legal ethics guidelines. “It’s sort of a solicitation,” he says.

“Hogwash, say [Stockton, CA's] Anderson, Drivon and Morey. “It’s not a solicitation. I don’t think I’ve ever gotten a case from SNAP [Survivors Network Abused by Priests],” Drivon says.”


This Editor agrees with Mr. Garabedian that such donations have at least the appearance of  impropriety.   A donation given with an understanding, or in anticipation, that clients will be referred to a firm looks an awful lot like solicitation.   And, donations given under pressure from a victims’ group — in order to prevent being blackballed or to assure consideration for referrals (or other forms of assistance and cooperation) — also put the law firm into unholy ethical territority.   The aura of impropriety that surrounds such donations should be a good enough reason for lawyers to beg off when asked to contribute to the survivor groups.  A little self-imposed discipline, stifling the urge to  contribute or to ask for such contributions, would go a long way towards instilling faith in the legal proceedings that surround the clergy-abuse scandals. 

No Comments

No comments yet.

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.

Powered by WordPress

Protected by AkismetBlog with WordPress