Ben Franklin on Ethics
Length: 2:10
Even in Ben Franklin's time, the public held cynical views about lawyers. Have things changed? What can we learn from historical perspectives on lawyers? How can one be a better practitioner and help negate some of the lingering negative attitudes toward today’s lawyers?
In this engaging and informative program, Ben Franklin (who worked with more lawyers than most modern day practitioners) challenges today’s lawyers to expand their own notion of ethics much as he himself did during his own life. Portrayed by Christopher Lowell, internationally acclaimed actor, historian, and Franklin scholar, Ben discusses the ethical issues he confronted and challenges attendees to put ethical considerations at the heart of legal practice. Franklin speaks of the importance of ethical practices and the spirit of Pro Bono Publico as the underpinnings of a virtuous life. Questions for discussion are based on the ABA Model Rules of Professional Conduct.
Produced by:
JAMES “JIM” FLEMING has almost 40 years of experience as a prosecutor and public defender. He served for eleven years as Chief Public Defender in Minnesota – in the 5th Judicial District (Mankato) from 2001 to 2007 and in the 2nd Judicial District (St. Paul) from 2016 to 2022. Prior to that he was a partner in Maschka, Riedy & Ries Law Firm for almost ten years with a focus on personal injury and criminal defense.
Now retired, his trial experience includes more than 100 trial-to-verdict jury cases. He was named Minnesota Attorney of the Year in 2012 and 2019 and was chosen as a Super Lawyer by Minnesota Law & Politics. Fleming is a certified Criminal Law Specialist and has taught trial advocacy in Minnesota and several other states.
He holds a B.B.A. from St. Norbert College (De Pere, WI) and a J.D. from William Mitchell School of Law (now Mitchell Hamline School of Law.) He is a member of the National Association of Criminal Defense Lawyers, Minnesota Association of Criminal Defense Lawyers, and Minnesota Association for Justice.
JEFFREY L. VIKEN (Moderator) is a former United States district judge of the United States District Court for the District of South Dakota. Born in Huron, South Dakota, Viken earned a B.A. and a J.D. from the University of South Dakota (Vermillion). He was admitted to the South Dakota bar under the diploma privilege, which, prior to 1983, allowed law graduates in the state to practice law without passing a bar exam.
From 1977 to 1981, Viken served as an assistant United States Attorney for the District of South Dakota and in 1981 became the Acting United States Attorney for the District of South Dakota. From 1981 to 1982, Viken was a partner in the Rapid City, South Dakota law firm of Finch, Viken & Viken, and then from 1981 to 1992, Viken was a partner in the Rapid City firm of Finch, Viken, Viken & Pechota. From 1992 to 2003, Viken served as a partner in the Rapid City law firm of Viken, Viken, Pechota, Leach & Dewell, LLP.
In 2003, Viken was appointed the federal public defender for the District of South Dakota by the United States Court of Appeals for the Eighth Circuit. In 2005, the Eighth Circuit appointed Viken the Federal Public Defender for the District of North Dakota and he led a combined-district organization for both North Dakota and South Dakota.
In President Barack Obama nominated Viken to a vacant seat on the United States District Court for the District of South Dakota and he was unanimously confirmed by the U.S. Senate on September 29, 2009. He served as Chief Judge from 2013 to 2019. He assumed senior status on October 1, 2021 and retired from active service on October 1, 2023.
BRIAN T. GUTHRIE, ESQ. is Of Counsel with Mattioni, LTD in Philadelphia, Pennsylvania. With nearly forty years experience at the Pennsylvania bar, Mr. Guthrie’s practice includes assisting lawyers and law firms achieve success in a setting mindful of the tradition of the law as a learned profession. He believes lawyers can attain professional fulfillment by synthesizing several dimensions in which they work every day.
“Competence” and “integrity” are easily mouthed as platitudes, but a refined understanding of what they are and how they are achieved makes for a law practice that is personally satisfying. It also provides a competitive advantage when vying for a limited number of clients with what often seems to be a limitless supply of lawyers. He believes that the skill development that comes with a true understanding of what it is that lawyers actually do, together with a firm grasp of the relevant ethical considerations is not only personally rewarding, but also makes good business sense.
Mr. Guthrie has worked in numerous areas of the law and achieved the coveted highest peer rating awarded by a major law publisher. His professional experiences include partnership in a major law firm, acting as senior in-house counsel to a Fortune 500 Company, representing a major city and working in a small law firm. His litigation experience includes representation in both state and federal courts throughout the United States and includes jury trials, arbitrations and appellate matters.
He is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeal for the First and Third Circuits, the U.S. District Courts for the Eastern District of Pennsylvania and the Eastern District of Tennessee. Mr. Guthrie has also represented clients in state courts in Illinois, New Jersey, New York, South Dakota and Tennessee. Mr. Guthrie holds a B.B.A. from Temple University and a J.D. from the James Beasley School of Law - also at Temple University in Philadelphia. Mr. Guthrie is listed in Philadelphia’s Top Lawyers: The Definitive Guide to Legal Representation in Philadelphia.