Public interest attorneys’ fees litigation

Through its successful litigation of attorneys’ fees under the fee-shifting laws over many decades, TPM has worked to provide access to the courts for individuals and groups who otherwise could not afford to pursue their claims.

The usual rule in the United States is that each side in a lawsuit pays its own lawyers, but most people cannot afford a lawyer to bring suit when their rights have been violated. To encourage lawsuits to protect certain important rights, Congress decided that, in those cases (many of which arise under the environmental and civil rights laws), the violator must pay the fees of the plaintiff’s attorney if the plaintiff prevails. As a result of such fee-shifting laws, there are lawyers who help individuals or groups effectuate their rights and pursue important public policies, without charge, in the hope that the case is successful and their fees are paid by the violator/defendant. In this way, Congress promotes access to justice by providing for attorneys’ fee awards to these public interest attorneys.

Through its decades of civil rights and environmental work, TPM has developed substantial experience successfully litigating environmental and civil rights cases and the related attorneys’ fee issues. This has involved fees litigation over hourly rates, time spent, expenses accrued, expert witness fees, appropriate documentation, and other issues. Perhaps most critically, TPM has successfully spearheaded efforts to ensure that public interest attorneys in D.C. are compensated at appropriate hourly rates for complex federal litigation. See, e.g., DL v. District of Columbia, 924 F.3d 585 (D.C. Cir. 2019) (rejecting a low hourly rates matrix developed by the United States Attorney’s Office based on a rates survey that included non-litigation hourly rates and rates outside the D.C. market); Salazar v. District of Columbia, 809 F.3d 58, 63-65 (D.C. Cir. 2015) (affirming fee award based on the LSI Laffey Matrix, which the district court determined was “probably a conservative estimate” at that time of the cost of legal services for complex federal litigation) (emphasis in original).

For wage enforcement litigation, the District of Columbia adopted a fee-shifting law that “compute[s] [fees] pursuant to the [rates] matrix approved in Salazar v. District of Columbia, 123 F.Supp.2d 8 (D.D.C. 2000), [as] updated to account for the current market hourly rates for attorney’s services.” D.C. Code §§ 32-1308(b)(1), 32-1308.01(m)(1). The matrix approved in Salazar is the LSI Laffey Matrix. The LSI Laffey Matrix updated to current rates is linked here for the benefit of the community. Market rates for complex federal litigation in the District of Columbia now meaningfully exceed the LSI Laffey Matrix rates.

 Many individuals and organizations effectively litigate their cases on the merits and then lack the time, money, or expertise to effectively litigate the attorneys’ fee issues. Our firm can assist you with gathering evidence and preparing arguments, or by litigating your fee application for you. Contact Todd Gluckman at 202-204-8482 or tgluckman@tpmlaw.com for more information.