Pro bono or Conditional Fee Arrangement (CFA)?

[Sunny]

Ordinary people are on a hiding to nothing when it comes to taking on a conglomerate intent on libelling them.

If the McCanns had not found a way of of taking on the media in a way which was of no cost to them they would have had no legal redress against the publications defaming them.


pro bono
adverb & adjective NORTH AMERICAN
denoting work undertaken without charge, especially legal work for a client on low income.
"the attorneys are representing him pro bono"
synonyms:   free, gratis, unpaid, unrewarded, unsalaried, free of charge, without charge, for nothing, at no cost, without payment, for the common good; More

Brietta I will supply you with the cite for this part of your post ://www.socialmouth.co.uk/blog/2017/8/22/pro-bono

NORTH AMERICAN
adverb: pro bono
denoting work undertaken without charge, especially legal work for a client on low income.
"the attorneys are representing him pro bono"
synonyms:free, gratis, unpaid, unrewarded, unsalaried, free of charge, without charge, for nothing, at no cost, without payment, for the common good; More

Why did you miss this bit off.

Origin
from Latin pro bono publico ‘for the public good’.


A bit further down from where you first quoted (see cite above)

My fiancé has professional skills that don't translate to pro bono, so instead, he undertakes two days charity work a year.  It's a voluntary company initiative, but yet almost everyone seems to do it, and he comes back on those two days, glowing with pride, just knowing that he did something to make a difference. This year he made cottage pie for the parents of very sick children, staying at the Ronald McDonald House. Something so simple can make such an impact on others, and he used his excellent cottage pie skills to fill someone else's tummy other than mine!

So, why not do something today, for nothing and without expecting something in return. Perhaps a friend has been asking for some advice on something you specialise in, or maybe you know of someone who would like some headshots taken for their new business?  You may even have an email in your inbox from a local school asking for a careers speaker?

So it is not a witch hunt Brietta it is simply an expectation of Davel to behave according to the rules of this forum. Pro bono (from pro bono publica) in legal terms means so much more than FREE to the client.

[Sunny]

I am also adding that, Brietta by supporting Davel in his statement that Carter Ruck were providing their legal support "pro bono" they were carrying out all work for charitable reasons an not expecting any payment, from anyone, in return, which of course unless you or he can provide a cite will surely be incorrect.

I apologize for going on about this but IMO it is a very important point that requires clarification.

[G-Unit]

I am also adding that, Brietta by supporting Davel in his statement that Carter Ruck were providing their legal support "pro bono" they were carrying out all work for charitable reasons an not expecting any payment, from anyone, in return, which of course unless you or he can provide a cite will surely be incorrect.

I apologize for going on about this but IMO it is a very important point that requires clarification.

I agree. Carter-Ruck acknowledged that they were paid;

Express Newspapers has also agreed to pay Mr and Mrs McCann’s reasonable legal costs.
https://www.carter-ruck.com/news/read/kate-and-gerry-mccann

If someone is paid they haven't worked pro bono whichever definition is used. Pro bono describes the action of those providing the service, not those receiving it.

[Brietta]

Brietta I will supply you with the cite for this part of your post ://www.socialmouth.co.uk/blog/2017/8/22/pro-bono

NORTH AMERICAN
adverb: pro bono
denoting work undertaken without charge, especially legal work for a client on low income.
"the attorneys are representing him pro bono"
synonyms:free, gratis, unpaid, unrewarded, unsalaried, free of charge, without charge, for nothing, at no cost, without payment, for the common good; More

Why did you miss this bit off.

Origin
from Latin pro bono publico ‘for the public good’.


A bit further down from where you first quoted (see cite above)

My fiancé has professional skills that don't translate to pro bono, so instead, he undertakes two days charity work a year.  It's a voluntary company initiative, but yet almost everyone seems to do it, and he comes back on those two days, glowing with pride, just knowing that he did something to make a difference. This year he made cottage pie for the parents of very sick children, staying at the Ronald McDonald House. Something so simple can make such an impact on others, and he used his excellent cottage pie skills to fill someone else's tummy other than mine!

So, why not do something today, for nothing and without expecting something in return. Perhaps a friend has been asking for some advice on something you specialise in, or maybe you know of someone who would like some headshots taken for their new business?  You may even have an email in your inbox from a local school asking for a careers speaker?

So it is not a witch hunt Brietta it is simply an expectation of Davel to behave according to the rules of this forum. Pro bono (from pro bono publica) in legal terms means so much more than FREE to the client.

We are a discussion forum.

On this board we discuss Madeleine McCann's case and on this particular thread we are discussing whether or not the media were correct to settle out of court when faced with the action taken against them by the McCanns.

Actually, I do not believe it was in their gift to settle anything given the weight of the evidence which supported the case for defamation which the McCanns had brought against them.

If the McCanns had rejected their offer of settlement it is my opinion that they would have faced action for exemplary damages and it is my opinion that the McCanns would have won their case hands down. 
All for the very simple reason that from first to last the tabloid media had printed downright lies against them and had continued to do so despite approaches made to them to desist.

Therefore if splitting hairs on this, one must contemplate whether or not it was right for the McCanns ... not the media ... to accept an out of court settlement:  they were the plaintiffs in a cast iron case for them against the media.

Is there any argument that it cost them nothing to enable them to bring this legal action?

I am very well aware of the meaning of "pro bono publico" and the definition thereof.
Snip
Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteerism, it is service that uses the specific skills of professionals to provide services to those who are unable to afford them.
https://en.wikipedia.org/wiki/Pro_bono

Which in my neck of the woods comes down to the old saying ... "Don't try to teach your granny how to suck eggs"!

[slartibartfast]

We are a discussion forum.

On this board we discuss Madeleine McCann's case and on this particular thread we are discussing whether or not the media were correct to settle out of court when faced with the action taken against them by the McCanns.

Actually, I do not believe it was in their gift to settle anything given the weight of the evidence which supported the case for defamation which the McCanns had brought against them.

If the McCanns had rejected their offer of settlement it is my opinion that they would have faced action for exemplary damages and it is my opinion that the McCanns would have won their case hands down. 
All for the very simple reason that from first to last the tabloid media had printed downright lies against them and had continued to do so despite approaches made to them to desist.

Therefore if splitting hairs on this, one must contemplate whether or not it was right for the McCanns ... not the media ... to accept an out of court settlement:  they were the plaintiffs in a cast iron case for them against the media.

Is there any argument that it cost them nothing to enable them to bring this legal action?

I am very well aware of the meaning of "pro bono publico" and the definition thereof.
Snip
Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteerism, it is service that uses the specific skills of professionals to provide services to those who are unable to afford them.
https://en.wikipedia.org/wiki/Pro_bono

Which in my neck of the woods comes down to the old saying ... "Don't try to teach your granny how to suck eggs"!

Davel made a mistake and used the expression Pro Bono incorrectly, instead of admitting his error he has decided to change the meaning of the expression and continues to disrupt the forum by repeatedly arguing against cited posts.

[Vertigo Swirl]

Six days and still no reply.

Here’s who we have to hold responsible for resurrecting this rather pointless debate.  She wouldn’t let it lie!

[Mr Gray]

Davel made a mistake and used the expression Pro Bono incorrectly, instead of admitting his error he has decided to change the meaning of the expression and continues to disrupt the forum by repeatedly arguing against cited posts.

I used pro bono quite correctly in its broad sense...you and others are using a narrow definition simply to try and score points.

[Brietta]

Davel made a mistake and used the expression Pro Bono incorrectly, instead of admitting his error he has decided to change the meaning of the expression and continues to disrupt the forum by repeatedly arguing against cited posts.

Did I mention Davel?

My post to which you have responded is in the context of the thread and in the context of the post to which I replied regarding "pro bono".

Pro bono in law seems to be a bit like the ideal of the health service being free at the point of use ... just an illusion ... we all pay for it and yet it costs us nothing.

The service the McCanns enjoyed from Carter Ruck cost them nothing.  Right or wrong?

[G-Unit]

I used pro bono quite correctly in its broad sense...you and others are using a narrow definition simply to try and score points....I have not raised the topic this morning ...others have...and YOU have taken part in criticising me yet wishing to deny me the oppoprtunity to reply

The problem is that you didn't use pro bono correctly and are unable to provide a definition showing it's 'broad sense'.

[Vertigo Swirl]

The problem is that you didn't use pro bono correctly and are unable to provide a definition showing it's 'brad sense'.

If you go back to the original few posts on this subject (10 days ago now!) you will see Davel acknowleding that there is a difference but the underlying principle of the McCanns not having to pay was the same.  Since then some of you have scented blood and are determined to make Davel say “I’m wrong” - it seems to me more important than the actual topic we are supposed to be discussing.  That is all rather unedifying.  IMO.

[Mr Gray]

The problem is that you didn't use pro bono correctly and are unable to provide a definition showing it's 'broad sense'.

Both I and Brietta have provided the definition of the broad sense of pro bono...

[Robittybob1]

Both I and Brietta have provided the definition of the broad sense of pro bono...

So is there an even broader sense of the words "pro bono"?

Video "What is Pro Bono?"  https://youtu.be/zb2GuLGLxFQ

[Brietta]

It quite often happens when a thread topic has been talked out that we are easily deflected into something else. 
In my opinion this thread still has a way to go therefore it doesn't come into that category just yet and there remains the potential for expanding the discussion while still adhering to the topic.

There isn't much currently going on in the media regarding Madeleine's case ... but it wasn't always so ... making a media based topic a dawdle to stick to.

Let's get back to topic folks ... "Were the media wrong to settle defamation actions out of court?"

[Robittybob1]

IMO that action was indeterminable since it was not known what happened to the child and if the parents were as innocent as they claimed.   I think this is even more relevant now given the SC statement.  If in the end this turns out badly for the parents then that money will be repayable.  The court should not have released that money until Maddie's fate has been legally established imo.

44

This is the OP.    Surely it isn't right to make claims damaging someone without hard evidence.    Even if in the long term the claim did get proven correct, the claim cannot be made until the evidence has been decided in a trial?

How would you feel if someone claimed you killed a child?  OK they could then say, according to your argument, we won't pay damages because there are unsolved cases and it is possible one of these is still attributable to you.

[G-Unit]

If you go back to the original few posts on this subject (10 days ago now!) you will see Davel acknowleding that there is a difference but the underlying principle of the McCanns not having to pay was the same.  Since then some of you have scented blood and are determined to make Davel say “I’m wrong” - it seems to me more important than the actual topic we are supposed to be discussing.  That is all rather unedifying.  IMO.

Pro bono describes the terms under which a professional provides a service. not how a client experiences the service. In this case the client's experience is the same whether the service is provided pro bono or under a conditional fee agreement.