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 […]

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 Paul Cle­ments, the attor­ney for Children’s Rights, Inc., about the role of law­yers in the legal sys­tem. Roberts opi­ned that bet­ter advo­cacy did not neces­sa­rily achieve bet­ter results: “The results that are obtai­ned are pre­su­mably the results that are dic­ta­ted or com­man­ded or requi­red under the law.” Cle­ments coun­te­red by saying, “I have seen law­yers come into this Court and con­cede a point in oral argu­ment, and I have seen that pro­mi­nently fea­tu­red in the Court’s opi­nion. So it does seem to me that some­ti­mes the qua­lity of the per­for­mance and the results obtai­ned do depend on the lawyer’s performance.”

Read about it at Law.com.

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