APPEAL AND ERROR-APPEALS IN FORMA PAUPERIS-NECESSITY FOR ATTORNEY HIRED ON CONTINGENT FEE TO FILE AFFIDAVIT OF HIS POVERTY

Authors

J. D. McLeod, University of Michigan Law SchoolFollow

Abstract

Relying upon the applicable statute, petitioner filed a motion for appeal in forma pauperis in a federal district court. The motion was denied on the ground, inter alia, that petitioner's attorney had filed an insufficient affidavit of poverty. The court assumed that the attorney was employed on contingent fee. The denial of the motion was affirmed by the circuit court of appeals. On further appeal, held, reversed. An attorney is not required to file an affidavit of his poverty as a condition to proceedings in forma pauperis, even though he is employed on contingent fee. Adkins v. E. I. DuPont de Nemours & Co., Inc., 335 U.S. 331, 69 S.Ct. 85 (1948).

Recommended Citation

J. D. McLeod, APPEAL AND ERROR-APPEALS IN FORMA PAUPERIS-NECESSITY FOR ATTORNEY HIRED ON CONTINGENT FEE TO FILE AFFIDAVIT OF HIS POVERTY, 47 Mich. L. Rev. 1004 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss7/10