- 34 -
After reviewing the record, we conclude that petitioner has
benefited from the work her attorneys performed for both groups
of Hoyt investor clients and is entitled to recover a reasonable
share of the fees and costs she incurred as a member of each
group. With 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
Petitioner’s attempt to recover her allocable portion of the
general group’s fees and costs, however, is problematic in that
the information petitioner provided does not enable us to
evaluate the reasonableness of the group fees or the
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 (work performed by
attorneys 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 an hourly rate
of $150), 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 the
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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