Under Kay v. Ehrler, 499 U.S. 432 (1991),  a pro se litigant who is also a lawyer cannot be awarded fees under 42 U.S.C. sec. 1988, which is, I assume, the fee-shifting statute most likely to apply to this case.

Pam Karlan

At 01:09 PM 10/15/2003 -0400, you wrote:
Since Mark Newdow is apparently representing himself, would he be entitled
to attorneys' fees if he prevails in the pledge of allegiance case?  If so,
approximately how much would they be (four figures, five figures, or six
figures)?

Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305-8610
[EMAIL PROTECTED]
650.725.4851

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