- 52 - work on the actual fee request even began. That seems excessive to us, and we accordingly reduce those hours by 50 percent. b. Time Relating to Unsuccessful Claims All of the adjustments we have made thus far relate to either (1) documentation or (2) what may be termed the efficiency aspect of the reasonableness standard incorporated into section 7430. In Hensley v. Eckerhart, 461 U.S. 424, 436 (1983), a case involving CRAFAA (the general civil rights fee-shifting statute),46 the Supreme Court addressed another aspect of reasonableness in this context: If * * * a plaintiff has achieved only partial or limited success, the product of hours reasonably expended on the litigation as a whole times a reasonable hourly rate may be an excessive amount.* * * * * * That the plaintiff is a “prevailing party” therefore may say little about whether the expenditure of counsel’s time was reasonable in relation to the success achieved. * * * Professor Sisk sometimes refers to this aspect of the reasonableness standard as the limited success factor. Sisk, “The Essentials of the Equal Access to Justice Act: Court Awards of Attorney’s Fees for Unreasonable Government Conduct (Part Two),” 56 La. L. Rev. 1, 119 (1995). The Supreme Court subsequently referred to the limited success factor in the context of “fees for fees” (i.e., fees 46 “The standards set forth in this opinion are generally applicable in all cases in which Congress has authorized an award of fees to a ‘prevailing party.’” Hensley v. Eckerhart, 461 U.S. 424, 433 n.7 (1983).Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011