MindPrint: Boon to Lawyers Bustin’ Out

On 30 October 2009, in Fifth Circuit, by Peter Smythe

In the case sty­led Ken­nedy v. Mind­Print, the Fifth Cir­cuit gave a bone to law­yers who leave their big firm dreams and find them­sel­ves repre­sen­ting a client with inte­rests adverse to a big firm client. Kirk Ken­nedy was an asso­ciate in Jack­son Walker’s ban­kruptcy sec­tion for a rela­ti­vely short period of time, but during that […]

 

Supremes: Skepticism for Superior Performance Fees

On 15 October 2009, in Appellate Advocacy, by Peter Smythe

The Supreme Court recently heard argu­ments in Per­due v. Kenny A., a suit brought by Geor­gia cha­llen­ging a $4.5 million fee enhan­ce­ment that rewar­ded law­yers who had suc­cee­ded in refor­ming the state’s fos­ter care sys­tem. The enhan­ce­ment was on top of a $6 million “lodes­tar” award. There was a fas­ci­na­ting exchange bet­ween Chief Jus­tice Roberts and […]

 

Clarity

On 15 October 2009, in Appellate Advocacy, by Peter Smythe

I recently atten­ded the 2009 Fifth Cir­cuit Appe­llate Advo­cacy Con­fe­rence and one quote from one spea­ker was well worth the trip. Pro­fes­sor Aviva Orens­tein of the Mau­rer School of Law of Indiana Uni­ver­sity spoke on legal wri­ting and she said this: If someone tells you it isn’t clear, it isn’t. Every appe­llate advo­cate should make this his […]

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