- 57 - H. Amounts Paid or Incurred by Eligible Persons 1. Izen Fee Request a. Indirect Payments In his affidavit submitted with the Izen fee request, Izen states: “From the time of the filing of the Notice of Appeal, June, 2000, until November, 2000, a portion, but not all of my billings for Test Case representation were paid by the Atlas Legal Defense Fund”. However, in response to respondent’s subsequent reference to that statement, the Izen petitioners state: Respondent is mistaken when Respondent claims that the Atlas Legal Defense Fund paid Izen’s fees on appeal for work performed between June, 2000 and November, 2000. The Atlas Legal Defense Fund refused to pay Izen’s bill. Accordingly, we need not concern ourselves, as we did in Dixon VII, with indirect payments by eligible persons through the Defense Fund. b. Indirect Obligations In Dixon VII, we concluded that three members of the Defense Fund’s steering committee, all nontest case petitioners, were liable for the Defense Fund’s obligations to Porter & Hedges under the terms of the Fund’s retainer agreement with that firm. In contrast, the Izen petitioners have failed to produce any contract between Izen and the Defense Fund for the provision of appellate legal services, let alone any agreement on the part of individual nontest case petitioners to accept personal liabilityPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011