Archive: July 10, 2009

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“Inhibited Ability to Participate Meaningfully in Electronic Discovery” Results in Reduction of Rate of Recoverable Attorney’s Fees

“Inhibited Ability to Participate Meaningfully in Electronic Discovery” Results in Reduction of Rate of Recoverable Attorney’s Fees

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.”

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