INADMISSIBLE

A MATTER OF PERSPECTIVE

The issue before the U.S. Supreme Court in Perdue v. Kenny A is whether legal fee awards can be enhanced for superior performance under a federal fee-shifting statute. But when it was argued Oct. 14, some justices took the opportunity to vent about high lawyer pay. “Seven hundred thousand dollars for a lawyer. Wow!” said Justice Stephen Breyer. A federal judge awarded a $4.5 million enhancement on top of $6 million in fees to lawyers who won a class action against Georgia’s foster care system. Chief Justice John Roberts Jr. (right) challenged the notion that better lawyering can achieve better results. He told former solicitor general Paul Clement (left), now with King & Spalding, “Maybe we have a different perspective. You think the lawyers are responsible for a good result, and I think the judges are.” Clement, who argued for the fees, replied, “And maybe your perspective’s changed, your honor,” a reference to Roberts’ prior career as a highly paid partner at Hogan & Hartson. Justice Samuel Alito Jr. had the last word: “Maybe your perspective has changed too, Mr. Clement.” Asked afterward how much he is charging in the Georgia case, Clement said, “Just what you would expect given our position: a special fee arrangement with a potential enhancement for exceptional results.” — Tony Mauro