What is the "customary" method for awarding attorney fees in a civil case?

MultiRegion, United States of America

The following excerpt is from Hiken v. Dep't of Def., 836 F.3d 1037 (9th Cir. 2016):

party is eligible for attorney fees, the determination of entitlement is within the sound discretion of the trial court. Id. at 492. In exercising such discretion, the district court must consider: (1) the public benefit from disclosure, (2) any commercial benefit to the plaintiff resulting from disclosure, (3) the nature of the plaintiff's interest in the disclosed records, and (4) whether the government's withholding of the records had a reasonable basis in law. Long v. IRS , 932 F.2d 1309, 1313 (9th Cir. 1991).

The customary method for awarding fees is the lodestar method, which is performed by multiplying the number of hours reasonably expended by the prevailing party in the litigation by a reasonable hourly rate. Morales v. City of San Rafael , 96 F.3d 359, 363 (9th Cir. 1996). There is a strong presumption that the lodestar figure represents a reasonable award, and the figure should only be departed from if certain factors relating to the nature and difficulty of the case overcome this strong presumption and indicate that such an adjustment is necessary. Long , 932 F.2d at 1314 (internal quotation marks omitted).

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