Reasonableness Of Fees: NALFA Identifies Top 16 Factors Used By Judges To Determine Reasonableness Of Fee Requests.

 

     In a recent post on its Attorney Fees Blog, the National Association of Legal Fee Analysis (NALFA) has identified 16 factors in court awarded attorney fees.  Several of these fee factors are derived from such seminal fee jurisprudence cases as Goldberger v. Integrated Resources, 209 F.3d 43 (2d Cir. 2000) and Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir. 1974):

1. Reasonable, Prevailing Hourly Rates

2. Reasonableness of the Number of Hours Billed

3. Successful Results Obtained for the Number of Client(s)

4. Risk of the Litigation: Non-Payment and Preclusion of Other Cases

5. Quality of the Work and Representation

6. Experience, Reputation, and Ability of the Attorneys

7. Novelty and Difficulty of the Legal Issues in the Underlying Case

8. Efficient Litigation Management Practices: Case Staffing and Task

Assignments

9. Economic Exposure: Fees in Relation to the Amount at Stake in the Underlying Case

10. Fee in Relation to the Size of the Settlement

11. Fees in Relation to Similar Cases

12. Nature of the Working Relationship with Opposing Counsel

13. Customary Timekeeping Billing Practices

14. Billing Judgment

15. Public Policy Considerations

16. Nature and Length of the Attorney-Client Relationship

For the California analog of cases mentioning many of the same factors, see PLCM Group, Inc. v. Drexler, 22 Cal.4th 1084 (2000); Ketchum v. Moses, 24 Cal.4th 1122 (2001); Christian Research Institute v. Alnor, 165 Cal.App.4th 1345 (2008).

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