Local Rule 293: AWARDS OF ATTORNEYS' FEES

RULE 293 (Fed. R. Civ. P. 54)

AWARDS OF ATTORNEYS' FEES

(a) Time for Application. Motions for awards of attorneys' fees to prevailing parties pursuant to statute shall be filed not later than twenty-eight (28) days after entry of final judgment. Such motions are governed by L.R. 230 for notice, opposition, reply, and decision. See also Fed. R. Civ. P. 54(d), 58.

(b) Matters to be Shown. All motions for awards of attorneys' fees pursuant to statute shall, at a minimum, include an affidavit showing:

(1) that the moving party was a prevailing party, in whole or in part, in the subject action, and, if the party prevailed only in part, the specific basis on which the moving party claims to be a prevailing party;

(2) that the moving party is eligible to receive an award of attorneys' fees, and the basis of such eligibility;

(3) the amount of attorneys' fees sought;

(4) the information pertaining to each of the criteria set forth in (c); and

(5) such other matters as are required under the statute under which the fee award is claimed.

(c) Criteria for Award. In fixing an award of attorneys' fees in those actions in which such an award is appropriate, the Court will consider the following criteria:

(1) the time and labor required of the attorney(s);

(2) the novelty and difficulty of the questions presented;

(3) the skill required to perform the legal service properly;

(4) the preclusion of other employment by the attorney(s) because of the acceptance of the action;

(5) the customary fee charged in matters of the type involved;

(6) whether the fee contracted between the attorney and the client is fixed or contingent;

(7) any time limitations imposed by the client or the circumstances;

(8) the amount of money, or the value of the rights involved, and the results obtained;

(9) the experience, reputation, and ability of the attorney(s);

(10) the "undesirability" of the action;

(11) the nature and length of the professional relationship between the attorney and the client;

(12) awards in similar actions; and

(13) such other matters as the Court may deem appropriate under the circumstances.