Counsel Fees - O'Bannon v. NCAA

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Counsel Fees - O’Bannon v. NCAA Remedies – Spring 2015  

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George W. Conk Adjunct Professor & Senior Fellow, Stein Center for Law & Ethics [email protected] Room 8-122 212-636-7446

Counsel Fees fall 2014 remedies


When fees are “shifted” 


Risk enhancement

Fee shifting statutes

Ch. 3 fees and billing


O’Bannon v. NCAA

Ch. 3 fees and billing


O’Bannon v. NCAA Nice work if you can get it? 

Attorneys’ fees


Clayton Act recoverable costs $5,555,739.07

The lodestar: $985 - $250/hour

Ch. 3 fees and billing


Clayton Act – fee shifting 

15 U.S.C. § 26 provides that “[a]ny person.. shall be entitled to sue for… injunctive relief… against threatened loss or damage by a violation of the antitrust laws . . . . In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff.” Ch. 3 fees and billing


Plaintiffs counsel’s motion for fees – O’Bannon v. NCAA 

Reasonable fees and costs span “every item of service which, at the time rendered, would have been undertaken by a reasonable and prudent lawyer to advance or protect his client’s interest . . . .”

Ch. 3 fees and billing


NCAA seeks steep cuts in plaintiffs counsel fees

Ch. 3 fees and billing


NCAA objects to fees for 

work prior to September 1, 2012 when P’s theory of the case changed work done solely to advance claims upon which P’s did not substantially prevail claims that were essentially abandoned unnecessary, redundant or inefficient work unsupported by plaintiffs’ billing records or Ch. 3 fees and billing


R. 1.5 - A Reasonable Fee 

(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. Factors to be considered in determining the reasonableness: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly Ch. 3 fees and billing


R. 1.5 - A Reasonable Fee 

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer

(3) the fee customarily charged in the locality for similar legal services

Ch. 3 fees and billing


R. 1.5 - A Reasonable Fee 

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances

Ch. 3 fees and billing


R. 1.5 - A Reasonable Fee 

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services

Ch. 3 fees and billing


R. 1.5 - A Reasonable Fee 

(8) whether the fee is fixed or contingent.

Ch. 3 fees and billing


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