Whitehead, Daniel: Pleadings and Practitioner Items

The lodestar method. The lodestar method of calculating attorney fees is a two-step process. First, courts multiply the hours an attorney works by the attorney’s hourly rate—this process yields the lodestar—and then courts adjust the lodestar up or down “to reflect the characteristics of a given action.” The lodestar method raises three questions: (1) how do courts determine a reasonable hourly rate? (2) how do courts determine a reasonable number of hours? and (3) once courts come up with the lodestar, on what basis do courts adjust that figure up or down?

Setting a reasonable hourly rate. A reasonable hourly rate must conform to the prevailing market rate for a similar attorney in the “relevant legal community.” Courts assess the fee applicant’s skill and experience and then determine what rate a similar attorney with a similar reputation would charge in the relevant community. What is the relevant community? The overwhelming weight of authority leans toward the “forum rate” rule, which creates a strong presumption that the relevant community is the community where the court sits. The forum rate rule is subject to two exceptions: “first, when the need for the special expertise of counsel from a distant district is shown; and, second, when local counsel are unwilling to handle the case.” In either situation, courts look to the fee applicant’s community to determine a reasonable hourly rate.

Determining a reasonable number of hours. The general rule is that fee applicants can bill their opponents for the same number of hours that fee applicants would be able to bill to their clients. Hours may be excluded from compensation under three circumstances: (1) they are “excessive, redundant, or otherwise unnecessary”; (2) they “relate to distinct claims on which the applicant did not succeed”; and (3) they “are inadequately documented.”

Discusses the relevance of a trial notebook and its uses.

This site explains how to assemble a trial notebook in eleven steps.

"Most qualified and reputable tax attorneys will charge their clients on an hourly basis for all services rendered. This will typically be an hourly charge of between $200 and $400. In most cases, a tax attorney will require that their client make a prepayment, which is known as a retainer. This retainer will be a prepayment based on the number of hours that your tax attorney believes they will be working on your behalf. As the work nears completion, this hourly fee will be deducted from the retainer. If the money held in the retainer is used up before the job is completed, the tax attorney will routinely bill you for an additional payment. "

Lists "five key estate-planning documents, rough low-end costs for having a legal pro prepare them and some of the value a lawyer might add. Each estimate is based on an hourly rate of $300 (although some estate lawyers charge as much as $1,000) and covers the document, a brief consultation and help spotting pitfalls or opportunities unique to your situation. The prices assume the matter is simple enough to take minimal professional time and that the lawyer uses software."