Local Rule LR 54A: ATTORNEY FEES

LR 54A ATTORNEY FEES a. Time and Content of Motions for Award of Attorney Fees. The claimed amount of attorney fees must be supported by an itemization that includes a detailed listing of the time claimed for each specific task and the hourly rate claimed. The itemization also must include a separate summary indicating the total time spent performing each of the following major categories of work:

1. Drafting pleadings, motions, and briefs;

2. Legal research;

3. Investigation;

4. Interviewing;

5. Trial preparation; and 6. Trial.

Costs must be itemized separately.

b. Equal Access to Justice Act. An application for attorney fees and costs under the Equal Access to Justice Act must conform with the requirements of 28 U.S.C. § 2412(d)(1)(B). In the application, the applicant must specifically identify the positions taken by the government in the case that the applicant alleges were not substantially justified.

In all Social Security benefits cases where the plaintiff is the prevailing party, within 30 days after entry of final judgment, counsel for the plaintiff must, pursuant to this section and Federal Rule of Civil Procedure 54(d)(2)(A), file one of the following: (1) an application for attorney fees and costs on behalf of the plaintiff, or (2) a statement certifying that counsel has searched the record and has determined the positions taken by the government in the case were substantially justified.

c. Appeals from Agency Determinations. A petition pursuant to 5 U.S.C. § 504(c)(2) for leave to appeal an agency fee determination must be filed within 30 days after the entry of the agency's order, with proof of service on all other parties to the agency proceeding. The petition must include the following:

1. A copy of the order to be reviewed;

2. A copy of any findings of fact, conclusions of law, and opinions entered in or relating to the agency proceeding;

3. A statement of the facts necessary to an understanding of the petition; and 4. A memorandum showing why the petition for permission to appeal should be granted.

Any answer must be filed within 30 days after service of the petition. The petition and any answer will be submitted without further briefing and without oral argument.