CLEA Files Amicus Brief in VA Attorneys’ Fees Case

Via the Clinical Law Prof Blog
CLEA has filed an amicus brief in the case of Rogers v. McDonald in the United States Court of Appeals for Veterans Claims. The case involves a successful claim by Harvard’s Veterans Clinic and the VA’s refusal to pay attorneys fees under the Equal Access to Justice Act. 
The brief is available at CLEA’s site here. 

From the introduction:

A federal judge once said, “[W]hen all else fails . . . , consult the statute.” Here, the Equal Access to Justice Act (“EAJA”) is clear. Under the terms of the statute, Mr. Rogers is the prevailing party, the government’s position was not substantially justified, and there are no special circumstances that make an award unjust. The Department of Veterans Affairs (“VA”) does not dispute any of these points. Therefore, the plain language of the statute dictates that the “court shall award . . . fees and other expenses.” 28 U.S.C. § 2412(d)(1)(A).

VA fails to identify any statutory text modifying this clear directive or otherwise supporting its position that the EAJA does not authorize recovery for work performed by law students in law school clinics. Instead, VA relies on misapplied law and misplaced policy in proposing a bar on EAJA awards that would decrease access to legal counsel, disincentivize work done by law school clinics, and diminish law students’ ability to serve unrepresented citizens. . . .