Business lawyer Steve Kaplan drove back from New Orleans last week and had plenty of time to contemplate his future. He had just wrapped up a career-capstone case that freed an innocent man -- and paid him nothing.
"I've been fortunate," said Kaplan, a tax and commercial litigator at the Minneapolis law firm of Fredrikson & Byron and a former U.S. Justice Department trial attorney.
"I've got a great love for my firm and what we've just done. But I'm almost 66 and I might let the younger guys take care of business. I just need to finish a few odds and ends for a few clients.
"Most of what we do is try to move money from one business, or one person's pocket to another. It's not usually about life and death. This case was different."
Damon Thibodeaux, a 15-year death-row inmate in Louisiana, was freed Sept. 28 by a Louisiana judge who reviewed evidence presented by Kaplan and other lawyers from Fredrikson and the Innocence Project. Using DNA and other proof, they showed that Thibodeaux had been coerced by police in 1996 to falsely confess to the rape and murder of his 14-year-old cousin.
Kaplan said the case required about 6,000 hours of pro bono work by Fredrikson lawyers and others -- the latest case in the firm's 25-year history of representing death-row clients for free. He estimated the value of Thibodeaux's representation at more than $1.5 million.
"I am so grateful to the firm for this opportunity," Kaplan said. "You start with the professional obligation, and then you realize what a gift it is to do something for somebody who could not possibly afford you if you were charging and ... who is so grateful for your work. You hope for the best outcome ... and our first death-row client was executed. It is a monumental path to undo a jury verdict. You give it your best for a client who had no one fighting for him. There's deep satisfaction in that."
Kaplan said he might stay at Fredrikson to work on pro bono cases, at the request of the firm, or he may leave for other volunteer work. Kaplan also has been a prolific writer and speaker on subjects that include tax-refund litigation, trial advocacy, ethical issues in white-collar defense, bank fraud and fidelity insurance.