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Civil Procedure Keyed to Babcock
Evans v. Jeff D.
Citation:
475 U.S. 717 (1986)Facts
In 1980, a class of emotionally and mentally handicapped children in Idaho’s care filed a civil rights action against state officials, alleging constitutional and statutory violations in educational programs and health care services. Charles Johnson, employed by Idaho Legal Aid Society, was appointed as next friend to represent the class. After partial settlement of educational claims (which included a fee waiver), the parties litigated the remaining health care claims. One week before trial, defendants offered a settlement providing “virtually all of the injunctive relief” plaintiffs sought, but conditioned on waiver of attorney’s fees and costs. Though initially reluctant, Johnson determined his ethical obligation to his clients required accepting this favorable settlement. The District Court approved the settlement with the fee waiver, finding it didn’t violate ethical considerations for an attorney to waive fees to secure a better result for clients. The Ninth Circuit reversed, holding that fee waivers obtained solely as a condition for class relief should not be accepted by courts.
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