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Ex Post Facto Payments In Legally-Aided Criminal Cases In The Old Bailey, Peter W. Tague Jan 1999

Ex Post Facto Payments In Legally-Aided Criminal Cases In The Old Bailey, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

A much more pervasive scheme for overseeing the reasonableness of fees charged by legal professionals exists in England than in the United States. In England, for example, with or without a specific agreement over the fee, the client can challenge the solicitor's charges, and the court or the Law Society will assess their reasonableness.' Similarly, as part of assigning costs to the losing party, the reasonableness of the winning solicitor's claim for fees is evaluated. The lay client can even dispute the reasonableness of the barrister's fee after the fact.

In the United States, by contrast, lawyers hammer out agreements …


Gideon's Muted Trumpet, Victoria Nourse Jan 1999

Gideon's Muted Trumpet, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Once the darling of the legal academy, criminal procedure has fallen into disrepute. Thirty-five years ago, when Gideon was decided, criminal procedure was the flagship of constitutional law, criminal defense attorneys were heroes, and courts and lawyers were perceived as themselves agents of social justice. Today, there are still heroes. But the conventional wisdom, within the academy and the country at large, no longer associates criminal law or procedure with heroism. Indeed, in some quarters, criminal procedure has become the enemy. Increasingly, scholars urge revisionism, popular pundits brand procedural innovations as a loss of "common sense," and philosophers warn that …