Tips For Attorney’s Fee Requests In The EDVA

Magistrate Judge Leonard's recent decision in Intelligent Verification Sys., Inc. v. Microsoft Corp., Civil Action No. 2:12CV525 (E.D. Va. Nov. 25, 2014), found here, offers some helpful pointers on attorney's fee applications in the EDVA. While Intelligent Verification involved an award of fees for a motion to compel, the guidance highlighted below applies to most claims for attorneys' fees:

Provide detailed information about the attorneys' experience, including a CV. The Intelligent Verification plaintiff submitted an expert declaration stating that the expert had reviewed the CV's of the plaintiff's attorneys, but copies of those CV's were not provided to the Court. Ironically, the Court pointed out, the expert provided more information about his own experience than about the experience of the plaintiff's attorneys. Make sure to address the Robinson factors. Judge Leonard emphasized that the prevailing standard for an award of attorneys' fees in the Fourth Circuit are the twelve factors found in Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235, 243-44 (4th Cir. 2009), which are sometimes referred to as the "Johnson factors." The "Vienna Metro Matrix" can be helpful in establishing reasonable rates. The plaintiff in Intelligent Verification relied on the matrix established in Northern Virginia in Vienna Metro LLC v. Pulte Home Corp., 786 F.Supp.2d 1090 (E.D. Va. 2011), which set forth reasonable hourly rates of $350-$600 for a mid-level associate and $505-$820 for a partner with more than twenty years experience. Cite fee awards in similar cases for comparison. Judge Leonard noted that the...