In the 1990 case In re Berger, the U.S. Supreme Court dealt with a dispute over attorney's fees in bankruptcy proceedings. The issue at hand was whether an attorney who had been employed by a Chapter 11 debtor-in-possession could be compensated for time spent litigating the amount of his compensation from the estate. The court ruled that under Section 330(a) of Bankruptcy Code, attorneys can only receive compensation for services that are beneficial and necessary to the administration of a bankruptcy estate; arguing over their own fee does not fall into this category. Therefore, it held that such litigation is not compensable as it does not contribute to or enhance value for creditors or assist in successful completion of bankruptcy process.

The dissenting opinion in the case of In re Berger, 1990 argued that the majority's decision to disbar attorney Richard J. Berger was too harsh and not proportionate to his misconduct. The dissent emphasized that while Berger had indeed acted unethically by misappropriating client funds, he did so under extreme personal stress due to a divorce and financial difficulties. Furthermore, it was noted that this was an isolated incident in an otherwise unblemished legal career spanning over two decades. The dissent also pointed out that Berger had made full restitution to his clients and expressed sincere remorse for his actions. Therefore, they believed a suspension would have been more appropriate than disbarment given these mitigating factors.