Cite as: 505 U. S. 557 (1992)
O'Connor, J., dissenting
mechanism in a variety of federal statutes—most notably, civil rights and environmental statutes. The amicus briefs filed in this case make clear that we can expect many meritorious actions will not be filed, or, if filed, will be prosecuted by less experienced and able counsel.6 Today's decision weakens the protections we afford important federal rights.
I dissent.
Justice O'Connor, dissenting.
I continue to be of the view that in certain circumstances a "reasonable" attorney's fee should not be computed by the purely retrospective lodestar figure, but also must incorporate a reasonable incentive to an attorney contemplating whether or not to take a case in the first place. See Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 483 U. S. 711, 731-734 (1987) (Delaware Valley II) (O'Connor, J., concurring in part and concurring in judgment). As Justice Blackmun cogently explains, when an attorney must choose between two cases—one with a client who will pay the attorney's fees win or lose and the other who can only promise the statutory compensation if the case is successful—the attorney will choose the fee-paying client, unless the contingency client can promise an enhancement of sufficient magnitude to justify the extra risk of nonpayment. Ante, at 568-569. Thus, a reasonable fee should be one that would "attract competent counsel," Delaware Valley II, supra, at 733 (O'Connor, J., concurring in part and concurring in judgment), and in some markets this must include the assurance of a contingency enhancement if the plaintiff should prevail. I therefore dissent from the Court's holding that a "reasonable" attorney's fee can never include an enhancement for cases taken on contingency.
6 See Brief for Lawyers' Committee for Civil Rights Under Law et al. as Amici Curiae 16-22; Brief for Alabama Employment Lawyers Association et al. as Amici Curiae 12-13.
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