The legal profession encompasses a broad array of sub-professions, one of which consists of civil litigators who represent litigants without financial resources, investing their time in cases based on their sound professional assessment of the facts and the law. It is this sub-profession that fulfills the promise of equal access to justice for those who otherwise would be unable to pursue legal redress.
Unique to this sub-profession is the powerlessness of its members to assure their livelihood despite all diligence and fidelity to the principles that define it. They must rely on members of another profession – judges – to get paid for their hard work. Whether calculating an attorney fee award, issuing a decision following a court trial, believing one witness over another, or making a key evidentiary ruling, how a judge performs the job of judging directly determines if these lawyers will get paid.
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