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Tag Archives: Fees

Winning law firm fails to get extra helping of fees (access required)


An Indiana law firm that twice sued the state of North Carolina to have the state’s election funds-matching law struck down will only be able to collect attorneys’ fees for the second, successful lawsuit. A federal judge ruled it would be unfair for the firm to collect fees for its unsuccessful attempt to strike down the same law six years earlier.

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Attorneys – Fees – Contract – Conflict of Interest – Incompetent – Civil Practice – Collateral Estoppel (access required)

Keyes v. Johnson In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife.

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Criminal Practice – DWI – Attorneys – Standby Counsel – Fees – Witness’s Arrest (access required)

State v. Bankert The trial court explained to defendant the role standby counsel would play at his trial, and defendant clearly communicated to the trial court that he wanted to represent himself with the assistance of Michael Dye serving as standby counsel. Further, the record reflects that defendant benefitted from Dye’s assistance throughout his trial. There is nothing to indicate that the trial court abused its discretion by appointing standby counsel for defendant and by ordering defendant to pay the corresponding attorney’s fees of $3,502.50.

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Attorneys – Fees – Constitutional – Due Process Violations – Schools & School Boards – Alternative Schools (access required)

Rone v. Winston-Salem/Forsyth County Board of Education The trial court lacked authority to award attorney fees pursuant to 42 U.S.C. § 1988 when the case at issue was an action or proceeding brought under 42 U.S.C. § 1983 but did not involve one of the civil rights listed in that section.

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