Home -> Law Blog Directory -> Litigation Blogs -> eDiscovery Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: eDiscovery Law"Inhibited Ability to Participate Meaningfully in Electronic Discovery" Results in Reduction of Rate of Recoverable Attorney's Fees
By reston, Gates and Ellis
Chen v. Dougherty, 2009 WL 1938961 (W.D. Wash. July 7, 2009)
Following a verdict in their favor, plaintiffs moved for attorneys' fees as provided by law. Finding that plaintiffs were the 'prevailing parties' under the relevant fee shifting statute, the court indicated its willingness to approve the attorneys' requested hourly rates, with one exception. Regarding the time spent by one attorney on discovery, the court ordered the requested rate to be reduced upon finding that her 'inhibited ability to participate meaningfully in electronic discovery' was indicative of 'novice skills in this area' and not 'experienced counsel.'
The Court determines a reasonable fee award by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate. Id. at 435. Based on the evidence presented, the Court finds reasonable the hourly rates proposed by Plaintiffs' attorneys from the law firm of Gendler & Mann, and by Mr. Barahimi's attorneys Jeffrey Needle and Susan Mindenbergs, with one exception: the Court finds it necessary to reduce the hourly rate of Mr. Barahimi's attorney Susan Mindenbergs for certain time spent on discovery. On October 1, 2008, this Court ruled on a motion to compel discovery brought by Mr. Barahimi. (Dkt. Nos. 185 & 224.) The Court determined that the parties failed to put together a proper discovery plan concerning Electronically Stored Information ("ESI"), resulting in the delivery of 50,000 pages of paper documents to Ms. Mindenbergs in response to discovery requests. Ms. Mindenbergs contributed to the resulting discovery dispute by failing to offer search terms for the delivery of relevant ESI. The Court determined that no fee-shifting would result from that discovery dispute, but required the parties to share the cost of the produced paper documents. (Dkt. No. 224 at 2.) The Court now directs that Ms. Mindenbergs' fee award for the hours billed on this dispute and the related discovery requests should be determined at the reduced rate of $200 an hour. [FN2] Ms. Mindenbergs' inhibited ability to participate meaningfully in electronic discovery tells the Court that she has novice skills in this area and cannot command the rate of experienced counsel.
Emphasis added.
A copy of the full opinion is available here.
Full post as published by eDiscovery Law on July 10, 2009 (boomark / email).
Cell Phone Early Termination Fees
How to recover billing errors
Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
Religious Decorations
Oklahoma City to pay attorney fees in religious freedom violations lawsuit.
Firm Associate
Attorney Jay Wingate ordered to pay widow $2.5 million settlement for collected legal fees.
Phone Bill Reduction
Qwest agrees to $16 million settlement in overcharging lawsuit.
Delayed Diagnosis Results in $1.1M Settlement
Delayed Diagnosis Results in $1.1M Settlement>
Excessive Bank Overdraft Fees
Bank Overdraft Fees alleging excessive fees and misrepresentation of account balances and more.
FDA
Warns About Electronic Cigarettes

Fifth District: Appellate Attorney's Fees
Supreme Court to consider attorney fee award enhancement
Insurer Cannot Recover Attorney's Fees Under a Unilateral Reservation of Rights
In NJ, are Legal Malpractice Attorney Fees Recoverable









