A sneak attack on open justice

Article Abstract:

The US Judicial Conference's Committee on Rules of Practice and Procedure should reject the proposed changes to the Federal Rules that it will vote on at its meeting on July 6-7, 1995. The changes would let judges issue protective orders whenever both parties agreed on them, rather than requiring good cause for secrecy to be shown, a relatively stringent test. That would mean many critical documents about hazardous products would not be available, and would give defendants too much power to exchange quick disclosure for guaranteed secrecy.

Standards, United States, Public and closed trials, Right to public trial

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'Tjoflat' fees rule is argued in court

Article Abstract:

Rule 46-1(d)(1) and (d)(2) of the 11th U.S. Circuit Court of Appeals has been criticized by lawyers as interfering in criminal defense and fee setting. The rule, known as the 'Tjoflat rule,' requires attorneys to represent defendants until another counsel appears or is appointed. A second provision states that the court will not appoint counsel on appeal without a review of previous fee arrangements. Attorneys fear that trial lawyers will be forced to appeal and that the court will determine the reasonableness of fees.

Laws, regulations and rules, Compensation and benefits, Court-appointed counsel, Court appointed counsel, United States. Court of Appeals for the 11th Circuit

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Excerpts: 7th Circuit rules on fees

Article Abstract:

The case In the Matter of Continental Illinois Securities Litigation is to be remanded to determine by the going market rate what a just legal fee award should be. The mistake the trial court made was to hold that judges rather than the market had the power to determine what a just fee award should be. What fees the market might award can be evaluated by determining what contingent fees a lawyer might receive when obtaining the $45 million damages award that was won in this case.

Class actions (Civil procedure), Cases, Class action lawsuits

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