Legal Opinion · Dissent

American Civil Liberties Union/Eastern Missouri Fund v. Miller

Supreme Court of Missouri

Decided February 7, 1991No. 72837Published

1DissentBlackmar, Chief Justice

The principal opinion condones the conduct of a lawyer in taking unto himself monies which he had agreed he would pay over to his employer. It frustrates the policy of federal statutes providing for the award of attorneys’ fees so as to make it possible for impecunious litigants to maintain statutory actions for the vindication of their civil rights. It does this by means of an unwarranted construction of state statutes and court rules designed to keep laypeople from making a profit from the law business and not at all to prevent nonprofit agencies which sponsor litigation in which they have…

2Cases cited53 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968

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