[I]f fees can be obtained at all for private opposition mounted in a preclearance review, which review resulted in the Attorney General's expression of dissatisfaction with the plan, the award must be justified by a showing that the private objectors' participation, through particularly astute criticism or creative legal argument, changed the result that the Attorney General would otherwise have reached. We will not presume that the Attorney General has failed adequately to satisfy his statutory obligations to enforce the public interest in compliance with the voting rights legislation, or that the reservations the Attorney General voiced would have passed unnoticed absent objections filed by private parties. [citations omitted]. Absent evidence that the objectors' work had a substantial independent effect on the outcome of the preclearance review, the threshold burden to justification for an award of fees for preclearance participation has not been met.
It is quite possible that their extensive comment assisted the Attorney General in organizing the pertinent materials, identifying the problem areas and crystalizing the issues. But there is no evidence that their submission carried the Attorney General beyond the analysis he would have otherwise have undertaken.
Total | ||||
---|---|---|---|---|
Compensable | ||||
Attorney | Hours Claimed | Deduction | Hours | |
Parker | 903.55 | - | 168.9 | 734.65 |
Hanrahan | 191.80 | - | 10.6 | 181.20 |
Bixler | 182.8 | - | 18.0 | 164.80 |
McDuff | 161.30 | - | 45.65 | 115.65 |
Walls | 110.0 | - | 43.95 | 66.05 |
Stewart | 6.0 | - | 6.0 | 0 |
1,555.45 | 1,262.35 |
Attorney | Claimed Rate | Allowable Rate |
---|---|---|
Parker | $135 | $100 |
Hanrahan | 100 | 65 |
Bixler | 100 | 80 |
McDuff | 75 | 65 |
Walls | 75 | 65 |
Compensable | Allowable | ||
---|---|---|---|
Attorney | Hours | Rate | Lodestar Fee |
Parker | 734.65 | $100 | $ 73,465.00 |
Hanrahan | 181.2 | $ 65 | 11,778.00 |
Bixler | 164.8 | $ 80 | 13,184.00 |
McDuff | 115.65 | $ 65 | 7,517.25 |
Walls | 66.05 | $ 65 | 4,293.25 |
$110,237.50 |
may justify an upward adjustment only in the rare case where the fee applicant offers specific evidence to show that the quality of service rendered was superior to that one reasonably should expect in light of the hourly rates charged and that the success was ‘exceptional’.
Compensable | Allowable | Total | |
---|---|---|---|
Attorney | Hours | Rate | Compensation |
-------- | ----------- | --------- | ------------ |
Parker | 734.65 | $100 | $ 73,465.00 |
50% Enhancement | 611.35 | $ 50 | 30,567.50 |
Hanrahan | 181.20 | $ 65 | 11,778.00 |
Bixler | 164.80 | $ 80 | 13,184.00 |
McDuff | 115.65 | $ 65 | 7,517.25 |
Walls | 66.05 | $ 65 | 4,293.25 |
$140,805.00 |
Paralegal Services | |
---|---|
------------------ | |
Samuel Issacharoff (38.4 x $30 per | |
hour) | $ 1,152.00 |
Jill Rappaport (43.2 hours x $30 per | |
hour) | 1,296.00 |
Lawyers' Committee out-of-pocket litigation | |
---|---|
expenses | |
-------- | |
Filing fees | 275.10 |
Transcripts | 590.00 |
Deposition expenses | 3,120.63 |
Expert witness fees and expenses | 32,585.61 |
Copying expenses | 3,050.43 |
Travel | 7,260.45 |
Meals and lodging | 3,764.59 |
Long distance telephone calls | 1,448.69 |
Postage | 321.29 |
Express mail service | 915.25 |
Research work and expenses | 597.44 |
December 1983 trial transcript | 1,014.00 |
Documents from State Auditor | 76.10 |
McDuff Expenses | |
---|---|
--------------- | |
Travel, meals, lodging, express mail | 554.90 |
$58,022.48 |
Frank R. Parker (12/28/81-2/26/82) | 18.0 | hours |
Robert B. McDuff (2/17-26/82) | 43.0 | |
61.0 |
Parker (4/1-6/11/82) | 188.95 | hours |
Patricia Hanrahan (5/26/82) | 2.20 | |
McDuff (3/31-6/1/82) | 57.00 | |
Johnnie Walls (4/2-6/1/82) | 87.10 | |
335.25 |
Parker (6/11/82-5/18/83) | 145.5 | hours |
Hanrahan (6/16/82) | 1.0 | |
McDuff (6/10-9/15/82) | 3.5 | |
150.0 |
Parker (5/25/83-1/9/84) | 145.5 | hours |
Sidney R. Bixler (11/5/83-1/7/84) | 191.8 | |
Hanrahan (8/23/83-1/5/84) | 155.3 | |
McDuff (11/23-12/21/83) | 52.5 | |
Walls (5/20/83-1/8/84) | 22.5 | |
715.7 |
Parker (1/13-11/13/84) | 144.8 | hours |
Hanrahan (1/20/84) | .3 | |
McDuff (1/5-1/23/84) | 1.9 | |
Walls (1/23/84) | .4 | |
147.4 |
Parker (1/26-2/6/84; 12/6-12/12/84; | |
12/13/84-3/6/85) | 112.2 |
Hanrahan (1/5-2/1/84) | 24.0 |
McDuff (1/23-1/25/84) | 3.4 |
Nausead Stewart (2/10-3/5/85) | 6.0 |
145.6 |
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