In the 1942 case Boone v. Lightner et al., the U.S Supreme Court ruled in favor of a defendant who had been convicted without being provided legal counsel, despite his inability to afford one himself. The court held that this was a violation of due process rights under the Fourteenth Amendment. In this case, an indigent man named Boone was charged with assault and robbery but could not afford an attorney for his defense at trial. He requested that the state provide him with counsel, but his request was denied and he represented himself at trial where he was subsequently found guilty by jury verdict. On appeal to the Supreme Court, it reversed his conviction on grounds that denying him legal representation violated principles of fair play and substantial justice as guaranteed by Due Process Clause.

In the dissenting opinion for Boone v. Lightner, Justice Frank Murphy argued that the majority's decision was a departure from established principles of law and equity. He contended that it was unjust to allow an attorney who had not fulfilled his professional obligations to retain fees paid by a client under duress. In this case, he believed that the attorney had failed in his duty by neglecting to properly prepare for trial and then coercing his client into settling out of court under threat of withdrawing representation on the eve of trial. Justice Murphy asserted that such conduct should not be rewarded or condoned by allowing retention of unearned fees; instead, he suggested it would be more equitable if courts could order restitution in these circumstances.