Application for Financial Support for Legal Representation

Only attorneys may apply for TIME’S UP Legal Defense Fund financial support to defray
legal costs and fees in eligible cases. Attorneys may apply for support for matters in which
they have agreed to represent a potential client contingent on receipt of funding as well as
in matters in which attorneys have entered into an ongoing representation, as set out
further below. Please read all of the information below to see if your matter is eligible for
funding before completing the application. Please note that incomplete applications will not
be considered. (If you are an individual who has experienced workplace sexual harassment
or related retaliation, please do not complete this application; only applications from an
attorney will be considered for funding. Fill out our Legal Assistance form at
www.nwlc.org/legalhelp if you need assistance in connecting with legal help.)

Please note that this is a first-of-its-scale initiative. Applications may be submitted

beginning on March 12, 2018, and will be reviewed on a rolling basis. A high volume of
initial applications for funding may delay response times. If you believe there is a time-
sensitive legal deadline, such as an agency or court filing deadline, in connection with your
matter, please indicate that on your application. Thank you for taking the time to contact
us about your matter.

NOTE: Not all applications for funding will be granted.

Eligibility for Financial Support from the TIME’S UP Legal Defense Fund:
The TIME’S UP Legal Defense Fund (“TIME’S UP Fund”) is intended to increase the
availability of legal representation to individuals experiencing sexual harassment associated with
work or related retaliation by helping to defray the costs of such representation in select cases
where representation is not realistically otherwise available.
Types of Matters
In order to be eligible for TIME’S UP Fund support, the matter must fall into one of the
following categories. Note that workplace-related sexual harassment cases that fall outside the
scope of sexual harassment and retaliation protections provided by Title VII or its state law
analogs are also eligible for support if an alternative legal theory is available. Also note that
throughout this discussion the term “sexual harassment” is used to include sexual assault and
other forms of sexual abuse.

1
 (1) the individual is being threatened (e.g., with the prospect of being sued for
defamation, through cease and desist letters or other forms of legal threats, etc.) for
speaking out about past instances of sexual harassment associated with work; or
(2) the individual has experienced sexual harassment (e.g., quid pro quo harassment or
hostile environment harassment, including harassment that evinces hostility against an
individual based on his or her sex) related to the workplace; or
(3) the individual has experienced retaliation in the workplace as a result of raising
issues of sexual harassment, formally or informally, or otherwise opposing sexual
harassment or participating in sexual harassment complaints or investigations as a
complainant or witness.
Financial Need: New Matters or New Phases of Ongoing Matters
The TIME’S UP Fund is intended to provide financial support to matters in which it
would be challenging to obtain adequate legal representation in the absence of such support or
where such the cost of such representation is imposing significant hardship on the individual or
his or her attorney. The TIME’S UP Fund is intended to provide a sufficient level of financial
assistance to overcome these obstacles in selected cases. Thus, to be eligible for financial support
to defray costs/fees (as described further below) in a new matter or to support a new phase of an
ongoing affirmative representation (as described further below), the matter must meet one or
both of the following guidelines re financial need:
 The individual is seeking legal defense from retaliatory legal claims or threats of legal
claims, there is not a realistic prospect of recovery of attorney’s fees and costs from
the adversary for this defense, and the individual does not have the financial resources
to pay the necessary attorney fees and costs.
AND/OR
 The individual is seeking to bring affirmative claims challenging sexual harassment
or related retaliation and the reasonable valuation of the case, taking into account lost
wages and estimates of compensatory damages, including any applicable caps on
these damages, is low and thus unlikely to attract representation on a contingency
basis, and the individual does not have the financial resources to pay the necessary
attorney fees and costs.
Financial Need: Ongoing Matters
Financial support from the TIME’S UP Fund may also be sought for expenses/costs
accrued in matters that are ongoing (and not commencing a new phase as described further
below), when such representation is imposing a significant financial hardship either to an

2
attorney doing the work pro bono or for reduced fee, or to the client paying for legal
representation, although no such expenses/costs incurred prior to January 1, 2018, will be
funded. Finally, in exceptional cases, an award of attorney fee support may be made in ongoing
matters based on a showing of significant financial hardship to the attorney or the client,
although an unusual showing of need will be necessary to support an award for fees (as opposed
to costs) in such matters, as in these matters the attorney has already committed to representation
of the client, and in the ordinary course, TIME’S UP Fund support for fees is intended to enable
representation that would not otherwise be available to the individual. (Funding structure is
further explained below.)
Adequacy of Legal Representation
In order to receive financial support, a demonstration must also be made that the attorney
representing the individual will provide adequate representation in the matter as detailed in the
application document.
Legal Network for Gender Equity Participation
To be eligible for funding, attorneys must be members of the Legal Network for Gender
Equity. Attorneys may join the Network at the time they submit an application for funding. To
learn more about joining the Legal Network for Gender Equity, go to www.nwlc.org/join-the-
legal-network/.
Funding Priorities
Priority criteria will guide funding decisions within the above guidelines. Matters
receiving funding will meet at least one of these priority criteria. Please note, however, that
discretion will be exercised in determining which matters meeting one or more priority criteria
will be funded and no matter is entitled to funding just because it meets one or more priority
criteria. Also note the priority criteria will be regularly reviewed and may be revised or altered
based on new data, new trends, or shifts in TIME’S UP Fund strategy, particularly as the Fund
gains experience with cases and learns where its support would be most effectively utilized.
However, a revision of priority criteria will not lead to the withdrawal of funding that has already
been granted.
The following priority criteria will be considered:
o The matter involves sexual harassment or related retaliation against an individual
employed in low-wage work, such as restaurant work, agricultural work, or
domestic work; these matters are a priority because of the vulnerability to
harassment in such occupations, the obstacles individuals in low-wage jobs face

3
 in finding legal representation, and the harm harassment in such occupations
disproportionately imposes on women of color and immigrant women.

o The matter involves sexual harassment against a woman employed in a male-

dominated occupation, such as construction, mining, or policing; these matters are
a priority because such harassment perpetuates gender segregation that excludes
women from occupations that are typically higher paid.

o The matter involves sexual harassment/threats of retaliation by an especially high-

profile/prominent/powerful individual; these matters are a priority because of the
large power disparities that leave individuals experiencing such harassment or
retaliation uniquely vulnerable.

o The matter involves harassment targeting multiple individuals within one

workplace or company or other indications of a systemic or company-wide
concern; these matters are a priority because of their potential to make wide-scale
change and achieve justice for many affected individuals.

o The matter has the potential to establish important precedent or advance novel
legal issues; these matters are a priority because of their potential as vehicles for
legal reform.

o The matter involves extreme retaliation against those alleging harassment, such as
a lawsuit or media campaign; these matters are a priority because these forms of
retaliation not only harm the individuals challenging harassment, but also
perpetuate a larger culture of silence.
While not a separate priority criterion, matters that fall within one or more of the above
criteria and that involve harassment that is based both on an individual’s sex and on an
intersecting identity, such as race, disability, immigration status, or LGBTQ status, are of
particular interest because individuals experiencing intersecting forms of discrimination are
among those most vulnerable to workplace harassment.
Applications for Funding and Available Funding Models:
To apply for funds, attorneys will complete the application found below, providing
information that includes a description of the claims, a budget of funds sought, a description of
financial need and the reasons these funds are necessary for this individual and for the attorney
(including a discussion of the size and resources of the firm), a description of the amount the
client can pay (if any) toward costs and fees, an explanation of how the case fits the priority

4
criteria, and an explanation of why the attorney is qualified to handle the case (e.g., NELA
membership or other relevant attorney association membership, percentage of practice made up
of plaintiff-side employment discrimination representation, etc.). Clients with some ability to pay
will be expected to share some portion of the costs of representation. Applicants for funding may
receive follow-up inquiries as to these matters as their applications are considered.
The determination as to which cases will receive TIME’S UP Fund financial support and
the amount of support each matter will receive will be made by the National Women’s Law
Center and/or its affiliate, Legal Network for Gender Equity LLC, as the entity responsible for
administration of the TIME’S UP Fund. These determinations will be made free from the
influence of donors. TIME’S UP Legal Defense Fund, the National Women’s Law Center, and
the Legal Network for Gender Equity LLC otherwise exercise no control whatsoever over the
matter.
Applications can seek support for both expenses/costs and fees or for expenses/costs
only. In general, the larger the amount sought, the more detail and analysis will be necessary to
support the application. As a condition of receipt of funds from TIME’S UP Fund, attorneys
must agree that they will not take a contingency fee of more than one third of any total recovery
in a matter.
Expenses/costs
Applicants may seek funds for third-party costs such as investigators and experts, as well
as costs of travel, depositions, court costs, etc. The application should describe the costs for
which reimbursement will be sought. In appropriate circumstances based on a need described in
the application, the Fund can pay such costs upfront (rather than reimbursing), with the attorney
providing receipts for costs actually incurred and returning any unused funds.
Attorney fee support—affirmative claims
Award of fee support for affirmative sexual harassment or retaliation claims will be
provided by phase of case (investigation; negotiation and administrative charge; litigation;
appeal), as set out below, with separate applications required to seek support at each phase. A
decision to fund a case in one phase does not guarantee that a case will be funded in future
phases. Awards will be made based on a discounted hourly rate up to the following caps per
phase; an assumption of a discounted $200 per hour fee (or actual billing rate if less) will
typically apply unless the attorney demonstrates the necessity of a higher discounted fee in the
application for funds.
 Up to $3,000 for investigation of claims;
 Up to $10,000 for demand letter, negotiation, other pre-filing work, EEOC (or state
equivalent) charge as applicable;

5
  Up to $100,000 for litigation at trial level, including discovery, motions practice, trial,
etc.;
 Up to $50,000 for appeal(s).
The TIME’S UP Fund may provide funding in excess of the capped amounts for attorney
fee support in exceptional circumstances.
Attorney fee support—defensive work, including defense of counterclaims
Given the differences in control exercised over the decision to proceed to litigation in
defensive work as compared to plaintiff-side work, award of fee support for representation
defending individuals who have experienced sexual harassment is not by phase of case. Because
of the typical absence of the potential for fee recovery in defensive work, the cap on attorney fee
support for defensive work is also higher, with up to $250,000 available for such representation.
For the same reason, awards will be made based on a higher discounted hourly rate: an
assumption of a discounted $300 per hour fee (or actual billing rate if less) will apply unless the
attorney demonstrates the necessity of a higher discounted fee in the application for funds.
The TIME’S UP Fund may provide funding in excess of the capped amounts for attorney
fee support in exceptional circumstances. Note that overall TIME’S UP Fund monies will be
allocated with the goal of no more than 30 percent of total TIME’S UP Fund financial support
going to solely defensive representation.
Repayment of TIME’S UP Fund Financial Support:
Attorneys receiving funds must commit to repaying the TIME’S UP Fund if there is a
recovery in the matter, in order to allow the TIME’S UP Fund to continue to support this
important work.
If an award of fees and/or costs is made by the court in a case that has received financial
support, the TIME’S UP Legal Defense Fund will be paid back the full amount of costs/fees
provided if the award is sufficient to cover this amount unless the relevant costs/fees were
specifically disallowed in the award.
If instead the matter is resolved with a lump sum from which the attorney takes a
contingency fee, the TIME’S UP Fund will be reimbursed in full for its funding provided for
expenses/costs and attorney fee support plus 7 percent simple interest (unless interest is waived
by the Fund). These amounts will be repaid out of the attorney’s share of the recovery, but any
such repayment to the Fund will be capped at 50 percent of the attorney’s portion of the
recovery.

6
 TIME’S UP Legal Defense Fund
Attorney Application Form

Only attorneys may apply for TIME’S UP Legal Defense Fund financial support to defray
legal costs and fees in eligible cases. Please read all of the information below to see if your
matter is eligible for funding before completing the application. Please note that incomplete
applications will not be considered, and not all applications for funding will be granted. (If
you are an individual challenging workplace sexual harassment or related retaliation,
please do not complete this application; only applications from an attorney will be
considered for funding. Fill out our Legal Assistance form at www.nwlc.org/legalhelp if you
need assistance in connecting with legal help.)
Responses may be submitted in the form below or in your own document as long as
responses are provided to all questions. Where page limits are not noted, no specific limit
applies, but please be reasonably concise.
Do not send legal documents or other case materials to supplement your application unless
explicitly requested.
I. Attorney Information
Attorney Name:
Email:
Firm Name:
Firm Website:
Address:
Office Phone Number:
Direct Phone Number:
Are you a member of the Legal Network for Gender Equity?
__ YES __ NO
Are you willing to become a member of the Legal Network for Gender Equity?
__ YES __ NO

7
 II. Client/Individual Seeking Representation
Individual’s Name:
Were you connected to this individual through the Legal Network for Gender Equity?
__ YES __ NO __UNKNOWN
When were you initially contacted by this individual about this matter?

Are you currently representing this individual?

__ Yes. If yes, what has the scope of your representation been?
__ No

III. Case Name

Please list the name of the case or representation for which you are applying. Assuming a case
has not yet been filed, please use a placeholder name (projected name of case, project name,
etc.).

IV. Case Type

Select one:
__ Plaintiff-side representation/litigation on behalf of an individual who has experienced sexual
harassment associated with work and/or related retaliation (including but not limited to Title
VII sexual harassment and retaliation claims)
__ Defensive representation/litigation on behalf of individual who has experienced sexual
harassment associated with work and is facing legal retaliation as a result of speaking out
about sexual harassment associated with work
__ Representation/litigation that includes both affirmative claims and defensive work on behalf
of an individual who has experienced sexual harassment associated with work

8
 V. Co-Counsel/Other Attorneys
If you are working with co-counsel/other attorneys on this matter, please provide their contact
information below. Otherwise, write "n/a."

VI. Parties
Please list the names of the parties in this matter.

VII. Financial Need

Please review the description above of the showing of financial need necessary for eligibility for
funding. Guided by these requirements, please provide:
(1) An explanation of the financial need for TIME’S UP Fund support in this matter,
including why the individual is unable to pay the necessary fees or costs to support the
representation and why (if applicable) the firm/attorney/organization is unable to
undertake representation in the absence of the funding sought;
(2) If the matter includes affirmative claims, why the prospect of recovery in this case is
insufficient to allow you to undertake the representation in the absence of funds sought
and the factors on which you base that conclusion;
(3) If the representation is defensive, whether any fee-shifting provisions are available (e.g.,
through Anti-SLAPP statutes) and if such provisions do apply, why the funding sought is
nevertheless necessary;
(4) If you are seeking fee support for an ongoing matter (and not commencing a new phase
as described further below), an explanation of the significant financial and unusual
hardship to the attorney or the client that supports the award of support;
(5) What amount, if any, the client will contribute to costs and fees for the representation.

VIII. The Matter

Please describe in one to two pages the facts of the matter including the conduct and claim(s) at
issue, where you are in the process, and any reasons why you believe this matter presents a
compelling case for TIME’S UP Legal Defense Fund financial support. If this matter is being
undertaken as part of a broader legal or organizing strategy, please explain, including by

9
identifying any relevant non-profit or union partners. Please identify any applicable filing
deadlines. For cases that have been filed, please attach the complaint.
Matters must meet at least one of the following priority criteria to receive funding. (Note,
however, that no matter is entitled because it meets one or more priority criteria.) Please identify
which priority criterion or criteria the matter meets and explain how it meets each applicable
criterion.

____ The matter involves harassment against an individual employed in low-wage work.
Please elaborate:

____ The matter involves harassment against a woman employed in a male-dominated

occupation.
Please elaborate:

____ The matter involves harassment/threats of retaliation by an especially high-

profile/prominent/powerful individual.
Please elaborate:

____ The matter involves harassment targeting multiple individuals within one workplace or
company or other indications of a systemic or company-wide concern.
Please elaborate:

____ The matter has the potential to establish important precedent or advance a promising novel
legal theory.
Please elaborate:

____ The case involves extreme retaliation against those alleging harassment, such as a lawsuit
or media campaign.

10
Please elaborate:

Matters that fall within one or more of the above criteria and that involve harassment that is
based both on an individual’s sex and on an intersecting identity, such as race, disability,
immigration status, or LGBTQ status, are of particular interest. Please note whether such
harassment based on intersecting identities is at issue in this matter and, if so, describe:

IX. Financial Resources Sought

A. Funding Type Sought (select all applicable)

__ Expenses/costs

__ Attorney fee support (affirmative claims)

__ Attorney fee support (defensive work)

B. Budget
Please set out a budget for this matter. Make sure to include the following:

• Subtotals for all projected expense categories, including line items for all major expenses

• Any funding sources, including client payments

• Status of funding sources (planned, requested, granted, received, etc.)

• Total projected cost of the litigation

C. Expenses/Costs
Describe the costs/expenses for which you are seeking funding and why the expenditure is
necessary or desirable. Provide an itemized budget for the costs/expenses, by type (e.g., expert

11
witness fees and costs, attorney/staff travel costs, investigator costs, discovery-related costs,
court costs, court reporter fees, deposition transcripts, trial transcripts, interpreters, other). Note
that in the usual course, TIME’S UP Fund support for expenses/costs will be disbursed as
reimbursement based on receipts for approved costs/expenses incurred. If there is a need for
TIME’S UP Fund to front costs (rather than reimburse), describe the reasons why such fronting
of costs is necessary.

D. Attorney Fee Support--Affirmative Claims

Awards of fee support for affirmative sexual harassment representation will be by phase of case
(investigation; negotiation and administrative charge; litigation; appeal), with updated
applications required to seek support at each phase. Note that a decision to fund a case in one
phase does not guarantee that a case will be funded in future phases and you must reapply for
funding in any future phase. Please indicate the phase for which you are requesting funds for
attorneys’ fees.
__ Initial investigation of claims
Amount sought (up to $3000):

__ Pre-filing work, including demand letter, negotiation, EEOC (or state equivalent) charge
as applicable
Amount sought (up to $10,000):
___ Litigation at trial level, including discovery, motions practice, trial, etc.
Amount sought (up to $100,000):
___ Appellate work
Amount sought (up to $50,000):
Please support the amount sought by setting out your estimate of hours of work for general
categories of tasks for the phase in which you are seeking support. Awards will be made based
on a discounted hourly rate; an assumption of a discounted $200 per hour fee (or actual billing
rate if less) will typically apply.
If you believe a $200 per hour fee is inadequate to support this matter, please set out the
discounted fee(s) you seek and explain why this higher rate is necessary.

12
 E. Attorney Fee Support--Defensive Work, Including Defense of Counterclaims
Given the differences in control exercised over the decision to proceed to litigation in defensive
work as compared to plaintiff-side work, fee support for defensive work on behalf of individuals
who have experienced sexual harassment will not be awarded by phase of case. Because of the
typical absence of the potential for fee recovery in defensive work, the caps on attorney fee
support for defensive work is also higher.
___ Defensive work
Amount sought (up to $250,000):

Please support the amount sought by setting out your estimate of hours of work for general
categories of tasks for the phase in which you are seeking support. Awards will be made based
on a discounted hourly rate. Because defensive work does not typically present the possibility of
fee recovery, awards will be made based on a higher discounted hourly rate than plaintiff side
work; an assumption of a discounted $300 per hour fee (or actual billing rate if less) will
typically apply.
If you believe a $300 per hour fee is inadequate to support this matter, please set out the
discounted fee(s) you seek and explain why this higher rate is necessary.

X. Relevant Qualifications and Expertise

Describe (in one page or less) the legal background and relevant qualifications for the lead
counsel and any other attorneys on the matter. You may attach a resume or resumes, but also
include a narrative response detailing your expertise with regard to the claims at issue. Include
information about past similar claims or cases, relevant training or coursework, affiliations with
relevant attorney organizations and any other indications of your qualifications to take on this
matter.
If you are seeking support for affirmative claims, please include in this narrative:
 The percentage of the practice of each of the attorneys on the case dedicated to
employment discrimination matters
 The percentage of the practice of each of the attorneys on the case dedicated to plaintiff-
side employment discrimination matters
 Whether you are a member of the National Employment Lawyers Association or any
similar entity

13
 XI. References
Provide at least three references of individuals who are familiar with your legal work. The list
should include one former client, one current or former co-counsel, and one current or former
opposing counsel in a legal case or proceeding. Provide their names, email addresses and
contact information below.
Former Client
Name: __________________________________

Email Address: __________________________________

Telephone No: __________________________________

Current or Former Co-Counsel

Name: __________________________________

Email Address: __________________________________

Telephone No: __________________________________

Current or Former Opposing Counsel

Name: __________________________________

Email Address: __________________________________

Telephone No: __________________________________

14