Comments on: Big city rates not recoverable http://www.caso-law.com/blog/wordpress/?p=59 A Blog devoted to appellate law and issues Sun, 10 Feb 2008 02:12:02 -0700 http://wordpress.org/?v=2.8 hourly 1 By: “Big Law” Comes to a Small Town | The California Blog of Appeal http://www.caso-law.com/blog/wordpress/?p=59#comment-284 “Big Law” Comes to a Small Town | The California Blog of Appeal Tue, 09 Oct 2007 08:03:55 +0000 http://www.caso-law.com/blog/wordpress/?p=59#comment-284 [...] no. F051147 (5th Dist. Oct. 2, 2007), has been written about by several blogs — Legal Pad, The Opening Brief,  and California Appellate Report among them — so I’ll summarize it very briefly [...] [...] no. F051147 (5th Dist. Oct. 2, 2007), has been written about by several blogs — Legal Pad, The Opening Brief,  and California Appellate Report among them — so I’ll summarize it very briefly [...]

]]> By: admin http://www.caso-law.com/blog/wordpress/?p=59#comment-277 admin Fri, 05 Oct 2007 21:42:11 +0000 http://www.caso-law.com/blog/wordpress/?p=59#comment-277 Check out cases involving public interest attorneys. When I worked with Pacific Legal Foundation we always relied on rates charged in the community where the suit was filed. The cases setting out the lodestar calculation do not ask what the attorney normally charges. Instead, the inquiry is about the prevailing rate for similar work in that community. That is why you need to rely on declarations from other attorneys in the community to set the rate. Check out cases involving public interest attorneys. When I worked with Pacific Legal Foundation we always relied on rates charged in the community where the suit was filed. The cases setting out the lodestar calculation do not ask what the attorney normally charges. Instead, the inquiry is about the prevailing rate for similar work in that community. That is why you need to rely on declarations from other attorneys in the community to set the rate.

]]> By: Greg May http://www.caso-law.com/blog/wordpress/?p=59#comment-276 Greg May Fri, 05 Oct 2007 21:18:29 +0000 http://www.caso-law.com/blog/wordpress/?p=59#comment-276 When I started typing my comment, I intended it to be snarky, but by the time I got to the end it was an honest question! It occurred to me that it SHOULD work that way. Thanks for your take on the court's reasoning. If there was a case that actually held a lower-priced out-of-town lawyer could seek the higher local fees, I imagine it would have been cited in Nichols. But my curiosity has the best of me now, and I may spend a few minutes on researching it over the weekend. When I started typing my comment, I intended it to be snarky, but by the time I got to the end it was an honest question! It occurred to me that it SHOULD work that way. Thanks for your take on the court’s reasoning.

If there was a case that actually held a lower-priced out-of-town lawyer could seek the higher local fees, I imagine it would have been cited in Nichols. But my curiosity has the best of me now, and I may spend a few minutes on researching it over the weekend.

]]> By: admin http://www.caso-law.com/blog/wordpress/?p=59#comment-275 admin Fri, 05 Oct 2007 12:16:44 +0000 http://www.caso-law.com/blog/wordpress/?p=59#comment-275 Actually, it should work both ways under the court's reasoning. The standard under section 1021.5 is based on the rates in the local community -- not the actual billing rate of the attorney applying for the fee. Actually, it should work both ways under the court’s reasoning. The standard under section 1021.5 is based on the rates in the local community — not the actual billing rate of the attorney applying for the fee.

]]> By: Greg May http://www.caso-law.com/blog/wordpress/?p=59#comment-274 Greg May Fri, 05 Oct 2007 08:06:31 +0000 http://www.caso-law.com/blog/wordpress/?p=59#comment-274 Wouldn't it be nice if this worked both ways? Lawyers in my town charge much less than big firm lawyers in Los Angeles, barely an hour away. If I win a case in LA and apply for fees, should I be able to increase my hourly rate to the "local" LA rate? Wouldn’t it be nice if this worked both ways? Lawyers in my town charge much less than big firm lawyers in Los Angeles, barely an hour away. If I win a case in LA and apply for fees, should I be able to increase my hourly rate to the “local” LA rate?

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