Heldreth v. Rahimian

637 S.E.2d 359, 219 W. Va. 462, 2006 W. Va. LEXIS 4
CourtWest Virginia Supreme Court
DecidedFebruary 21, 2006
DocketNo. 32779
StatusPublished
Cited by14 cases

This text of 637 S.E.2d 359 (Heldreth v. Rahimian) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heldreth v. Rahimian, 637 S.E.2d 359, 219 W. Va. 462, 2006 W. Va. LEXIS 4 (W. Va. 2006).

Opinions

ALBRIGHT, Justice:

Appellant Holly D. Heldreth appeals from the November 16, 2004, order of the Circuit Court of Harrison County through which the trial court made a reduced award of attorney’s fees that are statutorily authorized1 in connection with a successful result in a sexual harassment action. Upon its review and hearing of Appellant’s counsel’s motion for cumulative attorney’s fees in the amount of $43,085, the trial court awarded twenty percent of the fees requested for the amount of $8,617.2 In justification of this fee reduction, the trial court explained that the fees submits ted were not capable of being readily divided based on the differing theories originally advanced by Ms. Heldreth and accordingly required an across-the-board eighty percent deduction because Appellant succeeded on only one of her five original theories of recovery.3 Upon our review of this issue, we conclude that the trial court committed error by arriving at the award of attorney’s fees through application of a straight percentage formula of reduction. Accordingly, we reverse and remand to’ permit the trial court to make an awai’d of reasonable attorney’s fees by applying factors appropriate for calculation of a reasonable fee award. In addition, on remand the lower court should consider the additional guidance offered by this Court with regal’d to making a statutory fee award where the complainant and her counsel have previously entered into a contingency fee agreement.

I. Factual and Procedural Background

Appellant was a receptionist in the Clarks-burg, West Virginia, medical office of Appel-lee Dr. Ali A. Rahimian from August 2000 until she left his employ on December 5, 2001. Dr. Rahimian was also Appellant’s gynecologist. In the complaint, Ms. Hel-dreth alleged that she was forced to quit as a result of sexual harassment and a sexual assault. The alleged assault occurred in connection with the administration by Dr. Rahi-mian of a Depo-Provera injection.

Appellant asserted five separate causes of action against Dr. Rahimian through a lawsuit filed in state court. She alleged sexual harassment under the West Virginia Human Rights Act based on a hostile work environment;4 quid pro quo sexual harassment;5 [466]*466intentional infliction of emotional distress; assault and battery; and wrongful discharge in violation of public policy.6 At trial, Appellant’s counsel made a strategy determination to proceed to the jury on only two of the five original causes of action. Consequently, the jury was asked to make determinations only as to Appellant’s two sexual harassment claims, one of which involved an alleged hostile work environment while the other claim centered on allegations of quid pro quo sexual harassment.

The jury found for Appellant on the sexual harassment claim predicated on hostile work environment, but against her on the quid pro quo claim of sexual harassment.7 The jury returned damages in the amount of $5,000 for emotional distress; $6,300 for lost wages; and $1,000 in punitive damages for a total award of $12,300.

When Appellant’s attorney submitted his request for attorney’s fees and expenses,8 he submitted a bill for 246.09 hours of work at a rate of $175 an hour for a total amount of $43,085. After holding a hearing on the issue of a statutory fee award, the trial court decided to apply a percentage basis and awarded Appellant’s counsel 20% of his requested fees for a total amount of $8,617. In its order authorizing the award, the trial court noted that this award of statutory fees was in addition to the 40% contingency fee counsel would receive from his client pursuant to their contractual fee arrangement.

Through this appeal, Appellant seeks a reversal of the trial court’s use of a straight percentage basis in making the fee award and additional reimbursement for the fees reasonably required to prosecute this appeal.

II. Standard of Review

Our review of the issue of a trial court’s award of attorney’s fees is to determine whether the lower court committed error in making the award. In Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16(1959), we explained: “[T]he trial [court] ... is vested with a wide discretion in determining the amount of ... court costs and counsel fees; and the trial [court’s] ... determination of such matters will not be disturbed upon appeal to this Court unless it clearly appears that [it] has abused [its] discretion.” Id. at 478-79, 109 S.E.2d at 17, syl. pt. 3, in part. Accordingly, we proceed to determine whether the award of attorney’s fees made by the trial court in this case constitutes an abuse of its discretion.

III. DISCUSSION

Appellant argues that the methodology the trial court employed to arrive at the award of attorney’s fees granted in this case was an abuse of its discretion. In making its award, the trial court opined as follows:

The hourly rate of $175 is an appropriate rate based on prevailing market rates of other similar attorneys in this area. However, the total number of hours expended (246.90 hours) should not be used, as the Plaintiff only prevailed as to one count which provided for the recovery of attorney fees. It is impossible to discern from the detailed invoice which Plaintiffs counsel has submitted how many hours' were devoted to each distinct cause. Therefore, the Court will use a percentage basis. Since only one of the causes of action allowed for the recovery of attorneys’ fees and the Plaintiff prevailed on that one cause of action, then 20 percent of [467]*467the total attorneys’ tees or the sum of $8,617.00 should be awarded to Plaintiffs counsel, in addition to the forty (40) percent of the total verdict he will receive from the Plaintiff under them contingency fee arrangement.

The underlying basis for an award of fees pursuant to the fee shifting statute at issue was articulated in Bishop Coal Company v. Salyers, 181 W.Va. 71, 380 S.E.2d 238 (1989):

The goal of the West Virginia human rights law is to protect the most basic, cherished rights and liberties of the citizens of West Virginia. Effective enforcement of the human rights law depends upon the action of private citizens who, from our observations of these matters, usually lack the resources to retain the legal counsel necessary to vindicate their rights. Full enforcement of the civil rights act requires adequate fee awards.

181 W.Va. at 80, 380 S.E.2d at 247. Thus, inherent in any statutory fee award made pursuant to West Virginia Code § 5 — 11—13(c) is a recognition that the economic incentive provided by such a fee-shifting mechanism is necessary to attract competent counsel for the purpose of enforcing civil rights laws that serve to protect the interests of this state’s citizenry.

The calculation of attorney’s fees in a human rights action requires, as this Court has previously recognized, the exclusion of hours spent on unsuccessful claims. In explaining in Bishop Coal that a fee reduction is warranted when a plaintiff is only partially successful in pursuing various theories of recovery, this Court stated:

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Bluebook (online)
637 S.E.2d 359, 219 W. Va. 462, 2006 W. Va. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heldreth-v-rahimian-wva-2006.