- 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 liability
Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 NextLast modified: May 25, 2011