State ex rel. Harris v. Rubino

126 N.E.3d 1068, 2018 Ohio 5109, 156 Ohio St. 3d 296
Ohio Supreme Court·Decided December 20, 2018·No. No. 2018-1129·Published·Cited by 39 cases

Opinions

Per Curiam.

*296{¶ 1} On September 7, 2018, we granted relators, Mark A. Harris, Richard N. Haig, Jacqueline L. Kogan, Cheryl L. Davis, and Travis Lane Maggard (the "committee"), their allowable costs and reasonable attorney fees under R.C. 733.61 in connection with their successful petition for a writ of mandamus ordering respondent *1070Solon Director of Finance Matt Rubino to certify the sufficiency and validity of a zoning initiative petition to the Cuyahoga County Board of Elections. 155 Ohio St.3d 123, 2018-Ohio-3609, 119 N.E.3d 1238. The committee has filed an itemized application seeking a total of $106,172.50 in attorney fees and $1,256.65 in costs. We grant the application in part.

I. ANALYSIS

A. Scope of the Taxpayer Demand

{¶ 2} Respondents city of Solon, Solon City Council, and Rubino (the "city") do not attack the reasonableness of the attorneys' hourly rates or the amount of time expended. The city instead asks us to reject the committee's application because the committee's initial taxpayer-demand letter did not articulate the basis upon which this court ultimately granted a writ of mandamus. The city is incorrect: the taxpayer-demand letter sought the relief that this court later granted and it incorporated the reasoning that this court relied on. We find, moreover, that the committee "had good cause to believe that [its] allegations were well founded, [and that] they are sufficient in law," R.C. 733.61.

*297B. Attorney Fees

{¶ 3} The committee is entitled to reasonable attorney fees under R.C. 733.61. To determine a reasonable fee, we begin by multiplying a reasonable hourly rate by the number of hours reasonably expended. Bittner v. Tri-County Toyota, Inc. , 58 Ohio St.3d 143, 145, 569 N.E.2d 464 (1991). The resulting figure provides an initial estimate of the value of the lawyers' services. Id. We may then adjust the fee award upward or downward, based on the factors listed in Prof.Cond.R. 1.5(a). See Bittner at syllabus. Ultimately, what factors to apply and what amount of fees to award are within our sound discretion. Id. at 146, 569 N.E.2d 464.

1. Reasonable Hourly Rates

{¶ 4} A reasonable hourly rate is the prevailing market rate in the relevant community, Blum v. Stenson , 465 U.S. 886, 895, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984), given the complexity of the issues and the experience of the attorney, see W. Unity ex rel. Beltz v. Merillat , 169 Ohio App.3d 71, 2006-Ohio-5105, 861 N.E.2d 902, ¶ 28-35 (6th Dist.). The committee has submitted the affidavit of an independent attorney attesting that its attorneys' rates are reasonable. After benchmarking them against rates recently approved for equally experienced attorneys in comparably complex cases, we agree. See, e.g. , Northeast Ohio Coalition for the Homeless v. Husted , 831 F.3d 686, 714-718 (6th Cir.2016) ; Palombaro v. Emery Fed. Credit Union , S.D.Ohio No. 1:15-CV-792, 2018 WL 5312687, *5-6, *10-12 (Oct. 25, 2018).

2. Hours Reasonably Expended

{¶ 5} Next we must determine the hours reasonably expended, that is, whether the hours submitted by the committee's attorneys were reasonable. Hours not properly billed to a client are also not properly billed to an adversary. Hensley v. Eckerhart , 461 U.S. 424, 434, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). We therefore exclude "hours that are excessive, redundant, or otherwise unnecessary." Id.

{¶ 6} This task is made extremely difficult in this case by counsel's use of block billing, i.e., "lumping multiple tasks into a single time entry," Tridico v. Dist. of Columbia , 235 F.Supp.3d 100, 109 (D.D.C.2017). Block billing is disfavored by many clients and courts, see e.g. , Caryl, Reconsidering Block-Billing Practices , Wash.St.B. News (Jan. 2011) 12, because "there is simply no way * * * to assess whether *1071the time spent on each of those tasks was reasonable when they are lumped together," Tridico at 109. Some courts reject attorney-fee applications containing block-billed time entries. See, e.g. , Walker v. Gruver , M.D.Pa. Nos. 1:11-CV-1223 and 1:11-CV-1224, 2013 WL 5947623, *13 (Nov. 5, 2013) (collecting cases). Others apply across-the-board cuts to account for time unreasonably *298billed. E.g.

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State ex rel. Harris v. Rubino, 126 N.E.3d 1068, 2018 Ohio 5109, 156 Ohio St. 3d 296 (Ohio 2018).

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