Dorene Bulger - Page 34

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          respect to the litigation group of Hoyt investor clients, we                
          award petitioner $3,577.22, which represents a one-ninth share of           
          the attorney’s fees adjusted to an hourly rate of $150 and                  
          costs.24                                                                    
               The problem with petitioner’s attempt to recover her                   
          allocable portion of the general group’s fees and costs is that             
          the information provided does not enable us to fully evaluate the           
          reasonableness of the group fees or the reasonableness of the               
          allocation.  The composition of the general group of Hoyt                   
          investors varied from month to month as clients chose to have               
          their claims dismissed or became widowed and divorced and sought            
          relief only under section 6015(c).  Because the billing records             


               24We compute petitioner’s share of the litigation group’s              
          fees and costs as follows:  $37,667 (total fees and costs                   
          incurred by litigation group), minus $13,962 (total attorney’s              
          fees incurred at $195 hourly rate), plus $10,740 (total                     
          attorney’s fees incurred at $195 hourly rate adjusted to hourly             
          rate of $150), minus $2,250 (15 hours of work performed at $150             
          hourly rate), divided by 9 (members of litigation group), equals            
          $3,577.22.                                                                  
               We subtracted 15 hours of work performed at an hourly rate             
          of $150 in computing the total amount of fees and costs incurred            
          by the litigation group because petitioner’s counsel stated that            
          approximately 15 billable hours shown on the billing records of             
          the litigation group’s account were actually charged to members             
          of the general group.  Because petitioner’s counsel have failed             
          to identify the nature of the work or hourly rate for those 15              
          hours, we assume that they were billed at the highest hourly rate           
          allowed.  Further, we do not add any charges for the 15 hours to            
          the total costs and fees incurred by the general group of Hoyt              
          investors in computing petitioner’s share of that group’s fees              
          and costs because we lack any information about the 15 hours of             
          work performed.                                                             




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