Paralegals & Legal Secretaries

Paralegal fees are subject to the same the hourly cap as attorney fees

By Bill Statsky

Paralegal fees awarded to prevailing plaintiffs in a prison civil rights litigation were subject to same hourly cap under the Prison Litigation Reform Act (PLRA) as attorney fees, even though that hourly rate exceeded guideline established by district court for paralegals working for court-appointed counsel, where award was below paralegal market rate in area. The Prison Litigation Reform Act allows an award of attorney’s fees in the Northern District of California based on an hourly rate up to $169.50, and because attorney’s fees include separately billed paralegal fees, we conclude that the PLRA allows an award of paralegal fees up to $169.50 per hour. As the parties do not dispute that $169.50 per hour is below the paralegal market rate in the Bay Area, the district court did not abuse its discretion in awarding plaintiffs $169.50 per hour in this case. Perez v. Cate 632 F.3d 553, 557 (C.A.9 (Cal.),2011)

Bill Statsky
www.statsky.blogspot.com

Related posts:

1. Paralegal Fees
2. Fee Request Fails to Identify Kinds of Non-Attorneys Used on the Case
3. Fees Paid by Lawyer Bartering Transaction is Not Sharing Fees with a Nonlawyer

Full post as published by ParalegalGateway Blawg on March 24, 2011 (boomark / email).