NCJ Number
59047
Date Published
1978
Length
242 pages
Annotation
HEARINGS HELD TO INVESTIGATE LITIGATION COSTS IN FEDERAL COURTS IN LIGHT OF EQUAL PROTECTION AND EQUAL ACCESS TO THE COURTS EMPHASIZE THE NEED FOR CHANGES IN CURRENT AWARD PRACTICES.
Abstract
CONCERN FOR THE ENFORCEMENT OF CIVIL RIGHTS MADE THE SUBCOMMITTEE LOOK AT THE QUESTION OF AMENDING CIVIL RIGHTS LAWS TO ALLOW THE COURTS TO MAKE AWARDS THROUGH PREVAILING PARTIES IN SUCH CASES, THUS OVERCOMING THE EXPENSE BARRIERS OF THE FEDERAL COURTS TO GROUPS SUCH AS PUBLIC INTEREST GROUPS. THE FOCUS OF THE HEARINGS INCLUDED SUCH SPECIFIC QUESTIONS AS: SHOULD LEGISLATION OVERTURN THE CUSTOM OF THE 'AMERICAN RULE' WHICH REQUIRES EACH LITIGANT TO BEAR THE EXPENSE OF LEGAL REPRESENTATION; IF SO, SHOULD STANDARDS TO GOVERN THE AWARD OF SUCH COST BE INCLUDED; IF THE 'AMERICAN RULE' IS NOT OVERTURNED, SHOULD LEGISLATION ALLOW CHANGES IN IT SO THAT LITIGANTS IN DEFINED CIRCUMSTANCES WILL BE ABLE TO RECOVER THEIR COUNSEL FEES. THE HEARINGS WERE CONCERNED THAT THE ALYESKA DECISION HAD HAMPERED THE ABILITY OF CITIZENS TO SUE AS A CLASS BY ALLOWING NO DISCRETION OF THE FEDERAL COURTS TO AWARD ATTORNEY FEES TO PUBLIC INTEREST LITIGANTS UNLESS SPECIFICALLY AUTHORIZED BY CONGRESS. ANOTHER ISSUE ADDRESSED WAS THE RELUCTANCE TO SADDLE THE LOSING PARTY WITH THE OPPONENT'S FEES IF THIS DISCOURAGED PARTIES WITH LEGITIMATE LEGAL CLAIMS. TESTIMONY CAME FROM SENATE MEMBERS, THE AMERICAN BAR ASSOCIATION, DEPARTMENT OF JUSTICE, VARIOUS INTEREST GROUPS SUCH AS THE COUNCIL FOR PUBLIC INTERST LAW, DISABILITY RIGHT CENTER, SMALL BUSINESS LEGISLATIVE COUNCIL, THE WASHINGTON LEGAL FOUNDATION, AND THE NATIONAL RESOURCES CENTER FOR CONSUMERS OF LEGAL SERVICES. RELEVANT LEGISLATIVE PROPOSALS ARE INCLUDED, AS ARE STANDARDS SUGGESTED TO BILLS PENDING, AND PREPARED STATEMENTS OF INTERESTED GROUPS. (RFC)