What is the legal test for charging an attorney an hourly fee?

MultiRegion, United States of America

The following excerpt is from Acosta v. Hasan, Case No. 1:16-cv-01691-DAD-SKO (E.D. Cal. 2017):

With regard to the hourly rate to be charged, courts generally calculate these rates according to the prevailing market rates in the relevant legal community. Blum, 465 U.S. at 895. In general, courts use the rates of attorneys practicing in the forum district, here, the Eastern District of California, Fresno. Gates v. Deukmejian, 987 F.2d 1392, 1405 (9th Cir. 1993); Davis v. Mason Cnty., 927 F.2d 1473, 1488 (9th Cir. 1991). The fee applicant bears the burden of producing sufficient evidence that the requested rates are commensurate "with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation." Blum, 465 U.S. at 895 n.11.

Other Questions


Does a district court have authority to make across the board reductions in the number of hours claimed in an hour-by-hour analysis of a fee application? (MultiRegion, United States of America)
What is the legal protection of an attorney at common law against a charging lien? ("New York", United States of America)
Does attorney-client privilege protect information disclosed by a client to an attorney in order to obtain legal assistance? (MultiRegion, United States of America)
Is a private attorney general entitled to an award of attorneys' fees to the organization providing free legal services? (MultiRegion, United States of America)
Can attorney-client privilege apply to communications between attorneys and clients made for the purpose of giving legal advice? (MultiRegion, United States of America)
Is attorney-client privilege waived when the attorney and client are in the presence of a third party attorney? (MultiRegion, United States of America)
Is Attorney-General for Canada Attorney General for Canada legal? (Canada (Federal), Canada)
What is the appropriate hourly rate for an attorney to charge in a personal injury case? (MultiRegion, United States of America)
Does a claim that an attorney's personal tax problems render the attorney incompetent to practice tax law in a case where the attorney has been suspended from practice or disbarred? (MultiRegion, United States of America)
Is a plaintiff entitled to authorized attorney's fees to a legal services organization? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.