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Judge Approves Nearly All Plaintiffs' Fees in Ttitle VII Case

August 16, 2010 | Posted in : Billing Practices, Fee Award, Fee Award Factors, Fee Request, Hourly Rates, Litigation Management, Lodestar, Prevailing Party Issues

A recent law.com story, “Judge Approves Nearly $500,000 for Counsel Who Won Title VII Suit” reports that U.S. District Judge Jane Boyle of Dallas approved nearly all of the half-million dollars in attorney fees requested by four lawyers who represented a plaintiff in a successful employment discrimination and retaliation suit against UT Southwestern.  Boyle noted in her order that the court has discretion to award attorney fees to the prevailing party in a Title VII case.  The plaintiffs submitted their fees based on a lodestar calculation.  UT Southwestern challenged $20,250 in fees because they were not adequately documented and the hourly rates: $750 an hour for Charla Aldous; $400 an hour for Aldous Law Firm associate Brent Walker; $500 an hour for Brian Lauten, a shareholder in Sawicki & Lauten; and $500 an hour for Sawicki & Lauten shareholder Amy Lauten.

Boyle considered the plaintiffs lawyers’ affidavits and other evidence that described the relevant experience and customary rates of each attorney and concluded that their requested rates provide “reasonable compensation and avoids windfall… This is not to say that these rates are typical or will be routinely accepted, only that they are supported by the record and are reasonable given the specific facts of this case and the remarkable degree of success obtained.”  Ultimately, Boyle approved all but $6,375 in fees.  Of the total amount of attorney fees approved, $314,720 went to Sawicki & Lauten and $175,207 went to the Aldous Law Firm.  Brian Lauten says it’s rare for attorneys to receive nearly all of the fees they are asking for after prevailing in a Title VII case.