1. Fee Shifting: How to Get Paid in the Modern Contingent Fee Marketplace Andy Norman, Esq. attorneyfeeshifting.com (312)332-2400

2. Fee Shifting - Introduction Today thousands of causes of action are supported by fee-shifting. Federalization of standards throughout the country. The Congressional/legislative purpose for authorizing fee shifting: Ensuring competent representation for the impecunious plaintiff.

3. Fee Shifting Common Challenges Drafting the legal services agreement in keeping with the market.

4. Fee Shifting Common Challenges Drafting the legal services agreement in keeping with the market. The effect of retainers and percentage contingencies in addition to fee-shifting.

5. Fee Shifting Common Challenges Double standards for plaintiffs seeking fees versus defendants.

6. Fee Shifting Common Challenges Double standards for plaintiffs seeking fees versus defendants. No proportionality test between damages and fees.

7. Fee Shifting Injunctive Relief Fees are allowed for recovery of injunctive relief.

8. Fee Shifting Injunctive Relief 1. Interim fee-petitions. Fees are allowed for recovery of injunctive relief.

9. Fee Shifting Injunctive Relief 1. Interim fee-petitions. 2. Defeasible relief. Fees are allowed for recovery of injunctive relief.

10. Fee Shifting Injunctive Relief 1. Interim fee-petitions. 2. Defeasible relief. 3. Non-defeasible relief Fees are allowed for recovery of injunctive relief.

11. Fee Shifting Maximizing Recovery Maximize fee recoveries by keeping proper time records

12. Fee Shifting Keeping Time Records Absolutely avoid “clumping” or “block billing”.

13. Fee Shifting Keeping Time Records Absolutely avoid “clumping” or “block billing”. Eliminate all references to clerical work.

14. Fee Shifting Keeping Time Records Absolutely avoid “clumping” or “block billing”. Eliminate all references to clerical work. Bill in Tenths, Not Quarters of an Hour

15. Fee Shifting Keeping Time Records Absolutely avoid “clumping” or “block billing”. Eliminate all references to clerical work. Bill in Tenths, Not Quarters of an Hour

16. Fee Shifting Keeping Time Records Absolutely avoid “clumping” or “block billing”. Eliminate all references to clerical work. Bill in Tenths, Not Quarters of an Hour Over-describe rather than under- describe each service provided, and make clear who is involved.

17. Fee Shifting Keeping Time Records Carefully search for time entries which appear duplicative.

18. Fee Shifting Keeping Time Records Carefully search for time entries which appear duplicative. Demonstrate good faith by having an “adjusted time” column next to the original “time” column.

19. Fee Shifting Keeping Time Records Carefully search for time entries which appear duplicative. Demonstrate good faith by having an “adjusted time” column next to the original “time” column. Observe billing discipline.

20. Fee Shifting Keeping Time Records Carefully search for time entries which appear duplicative. Demonstrate good faith by having an “adjusted time” column next to the original “time” column. Observe billing discipline. Eliminate all typos.

21. Fee Shifting Prevailing Party Standards Hensley v. Eckerhart Farrar v. Hobby Buckhannon Board and Care v. Virginia Board of Health

22. Fee Shifting Principles of Hensley Calculation of the fee using The Lodestar Method Reasonable Hourly Rate (Determined Using Factors/Standards) Multiplied by Number of Hours Expended Lodestar Fee Amount

23. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include:

24. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Shift of the burden of proof/persuasion

25. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Shift of the burden of proof/persuasion Effects of contingency and risk of loss on the hourly rate

26. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Shift of the burden of proof/persuasion Effects of contingency and risk of loss on the hourly rate Adjustments for the cost of living in different parts of the country

27. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Remote forum issues

28. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Remote forum issues National forum issues

29. Fee Shifting Lodestar Method Standards for setting the reasonable hourly rate include: Remote forum issues National forum issues Relevance of previous fee awards

30. Fee Shifting Lodestar Method In applying the Lodestar Method, courts also consider: Standards for determining the amount of attorney hours expended

31. Fee Shifting Lodestar Method In applying the Lodestar Method, courts also consider: Standards for determining the amount of attorney hours expended Enhancement/reduction of the Lodestar

32. Fee Shifting Lodestar Method In applying the Lodestar Method, courts also consider: Standards for determining the amount of attorney hours expended Enhancement/reduction of the Lodestar Enhancement for delay in payment

33. Fee Shifting Hensley Factors Under the principles of Hensley, courts modify fee award calculations based upon: Excellent results/significant relief obtained

34. Fee Shifting Hensley Factors Under the principles of Hensley, courts modify fee award calculations based upon: Excellent results/significant relief obtained Partial success Related and unrelated claims Unsuccessful motions

35. Fee Shifting Hensley Factors Under the principles of Hensley, courts modify fee award calculations based upon: Excellent results/significant relief obtained Partial success Related and unrelated claims Unsuccessful motions Trends in the courts Line-item versus percentage cuts

36. Fee Shifting Miscellaneous Issues Fee-shifting and professional responsibility guidelines

37. Fee Shifting Miscellaneous Issues Fee-shifting and professional responsibility guidelines Rule 1.5

38. Fee Shifting Miscellaneous Issues Fee-shifting and professional responsibility guidelines Rule 1.5 Pleading: the Jaffe principle

39. Fee Shifting Miscellaneous Issues Fee-shifting and professional responsibility guidelines Rule 1.5 Pleading: the Jaffe principle Compensation of time expended on post- trial and appellate matters Fees on fees (Get paid to get paid)

40. Fee Shifting Miscellaneous Issues Should you ask for an evidentiary hearing? Plaintiff?

41. Fee Shifting Miscellaneous Issues Should you ask for an evidentiary hearing? Plaintiff? Defendant?

42. Fee Shifting Miscellaneous Issues Should you ask for an evidentiary hearing? Plaintiff? Defendant? Permissibility of discovery

43. Fee Shifting Miscellaneous Issues Should you ask for an evidentiary hearing? Plaintiff? Defendant? Permissibility of discovery Interim fee-petitions

44. Fee Shifting Miscellaneous Issues Should you ask for an evidentiary hearing? Plaintiff? Defendant? Permissibility of discovery Interim fee-petitions Relevance of opposing counsel’s hourly rate and hours expended.

45. Fee Shifting Miscellaneous Issues Compensation for paralegal time

46. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal?

47. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time

48. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time

49. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time Expert witness fees

50. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time Expert witness fees Federal

51. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time Expert witness fees FederalState

52. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time Expert witness fees FederalState Pro se attorney-plaintiffs generally cannot get fees.

53. Fee Shifting Miscellaneous Issues Compensation for paralegal time What is a paralegal? Public relations time Travel time Expert witness fees FederalState Pro se attorney-plaintiffs generally cannot get fees.

54. THANK YOU! Fee Shifting: How to Get Paid in the Modern Contingent Fee Marketplace Brought to you by Andy Norman, Esq. attorneyfeeshifting.com (312)332-2400