Blanchard v. Bergeron

893 F.2d 87, 1990 WL 1964
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 31, 1990
DocketNo. 86-4832
StatusPublished
Cited by15 cases

This text of 893 F.2d 87 (Blanchard v. Bergeron) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanchard v. Bergeron, 893 F.2d 87, 1990 WL 1964 (5th Cir. 1990).

Opinion

EDITH H. JONES, Circuit Judge:

This case returns to us from the Supreme Court, which overruled our holding that Blanchard’s § 1988 attorneys’ fees are confined to the amount prescribed in his contingent fee contract with his attorney. Blanchard v. Bergeron, - U.S. -, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989). We must, unfortunately, vacate and remand for further consideration by the district court of the proper award of fees in his ease.

I. Fees Through Trial

Although Blanchard sought attorney’s fees of about $46,000, including out-of-pocket costs exceeding $5,000, for the course of proceedings through trial, the district court awarded $7,500 in attorneys fees and $886.92 for costs and expenses. Blanchard contested the reductions, and he prevailed before our court on the award of costs. The trial defendants, in their brief on remand from the Supreme Court, no longer contest our award to Bergeron of $4,499.52 in costs, which reversed the district court. That matter is settled.

As for the attorneys’ fees incurred in the district court, Blanchard argues that he is entitled to the amount requested on several grounds. First, he alleges that his time records are not indecipherable or illegible and should not have been discounted for that reason. Second, he disagrees with the court’s findings that the case was “simple” and that his attorneys abused their billing judgment in accruing a fee of over $38,000 through trial. Third, he contends that the district court, contrary to the recent command of the Supreme Court,1 failed to award compensation for time incurred by his attorneys’ law clerks and paralegal employees. Fourth, Blanchard contends that his attorney was entitled to receive compensation at his current billing rates to make up for the delay in being paid for his services. The case was filed in 1984, and his attorney has not yet received payment for services rendered.

The purpose of the statutory provision for awarding attorneys’ fees in civil rights cases is to ensure effective access to the judicial process for persons with such grievances. Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983). We review the overall amount of a prevailing party’s fee award with an eye to determining whether the district court abused its discretion. Hensley, 461 U.S. at 437, 103 S.Ct. at 1941. The district court’s findings of subsidiary fact govern unless they are clearly erroneous. Brantley v. Surles, 804 F.2d 321, 326 (5th Cir.1986). If the district court has articulated and clearly applied the criteria for analyzing § 1988 attorneys’ fee requests2, we will not require the trial court’s findings to be so excruciatingly explicit in this area of minutiae that decisions on fee awards consume more judicial paper than did the cases from which they arose. As we have held, “our concern is not that a complete litany be given, but that the findings be complete enough to assume a review which can determine whether the court has used proper factual criteria in exercising its discretion to fix just compensation.” Brantley, 804 F.2d at 325-26.

The district court took notice of Blanchard’s request for over 385 hours of legal time spent by chief counsel, two co-counsel, paralegals and law clerks. Enunciating the proper Supreme Court and Fifth Circuit criteria, the court focused particularly on whether this expenditure of time represented reasonable billing judgment, given the circumstances of the case. Hensley, 461 U.S. at 435, 103 S.Ct. at 1939-40. The court concluded that it did not, because the case consumed less than three days of trial [90]*90and was not legally or factually difficult. We would add that there were only two defendants by the time the case reached trial, and the only claim tried in the federal aspect of plaintiff’s case was whether the defendant sheriff had exercised unreasonable force in evicting him from Oudry’s Odyssey Lounge.

The district court next disagreed with counsel’s requested billing rates ranging between $100 and $150 per hour for attorneys’ work. Evidence in the record persuaded the court that customary fees in the community were lower, and it limited the legal fees to $100 per hour.

The court found plaintiff’s attorney’s fee records “inadequate and difficult to decipher,” and refused to award a recovery of fees for the vaguely enumerated hours as well as for claims for time spent researching Louisiana damages and pendent jurisdiction issues. The court did address each of the Johnson factors in its analysis, although its reference to some of those factors was perfunctory as guided by the circumstances of this case.

Having decided to award compensation for only 97 hours and 20 minutes rather than the 385 hours claimed by Blanchard, the court arrived at a “lodestar” figure of $9,270. The lodestar assumed a $100 hourly rate. The court finally reduced this figure further to account for “the elemental nature of this litigation and the contingency fee arrangement entered in this matter.”

Taking Blanchard’s first and second arguments as recited above, we are not persuaded that the trial court clearly erred in refusing to award compensation for time records that it found unduly vague. We can attest that some of the references to work performed are cryptic. Likewise, we do not differ with the district court’s general finding that the case was “simple” and did not justify attorneys’ fees exceeding $38,000 through trial. Blanchard contends that extra time was devoted to handling this case because some witnesses had to be interviewed out of town. On the other hand, defense counsel’s opposition to plaintiff’s fee request asserted that defense counsel had charged their clients only $11,-000 in attorneys’ fees, despite having represented the defendants longer than plaintiff’s counsel had participated in the case. We do not here hold or imply that there must be a symmetry between awards to plaintiff’s and defense counsel in civil rights cases; our point is rather that Blanchard requested four times as much as defense counsel charged for the case. The court observed that there had been little pretrial motion practice in the case, and no other Johnson factors suggested that the case was exceptional in any way. Of course, the plaintiff’s contingent fee contract would have authorized only a $4,000 fee award. Blanchard’s protests, although sincere, simply do not demonstrate clear error by "the trial court, which had a much better opportunity than do we to evaluate the legal demands on plaintiff’s counsel in the case.

Although the court’s general findings of simplicity and abuse of billing judgment must be upheld, we are nevertheless unable to affirm the court’s ultimate fee award of $7,500 as the record now stands. The Supreme Court instructed in Hensley v. Eckerhart that

[while] the district court has discretion in determining the amount of a fee award, ... [i]t remains important ... for the district court to provide a concise but clear explanation of its reasons for the fee award.

461 U.S. at 438, 103 S.Ct. at 1941. The court failed to provide a “concise and clear” explanation of three items critical to the final fee award: its allocation of hours; its treatment of law clerk and paralegal time; and any possible compensation for delay.

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Blanchard v. Bergeron
893 F.2d 87 (Fifth Circuit, 1990)

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Bluebook (online)
893 F.2d 87, 1990 WL 1964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchard-v-bergeron-ca5-1990.