Counsel Fees - OBannon v.

NCAA
Remedies Spring 2015

George W. Conk
Adjunct Professor & Senior Fellow,
Stein Center for Law & Ethics
gconk@law.fordham.edu
Room 8-122
212-636-7446

Counsel Fees fall 2014 remedies

When fees are shifted

Lodestar

Risk enhancement

Fee shifting statutes

Ch. 3 fees and billing

OBannon v. NCAA

Ch. 3 fees and billing

OBannon v. NCAA
Nice work if you can get it?

Attorneys fees

$46,856,319.46

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
attorneys fee, to such plaintiff.
Ch. 3 fees and billing

Plaintiffs counsels motion for fees

OBannon 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 clients
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 Ps theory of the case changed
work done solely to advance claims
upon which Ps 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

10

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

11

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

12

R. 1.5 - A Reasonable Fee

(8) whether the fee is fixed

or contingent.

Ch. 3 fees and billing

13