Will v. United States

90 F.R.D. 336, 1981 U.S. Dist. LEXIS 14341
CourtDistrict Court, N.D. Illinois
DecidedMay 14, 1981
DocketNos. 78 C 420, 79 C 4368 and 80 C 6692
StatusPublished
Cited by5 cases

This text of 90 F.R.D. 336 (Will v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Will v. United States, 90 F.R.D. 336, 1981 U.S. Dist. LEXIS 14341 (N.D. Ill. 1981).

Opinion

MEMORANDUM OPINION AND ORDER

ROSZKOWSKI, District Judge.

Before the Court is the report and recommendation of the fee committee as to an . appropriate award of attorneys fees and costs incurred in connection with the representation of the class members in this case. For the reasons herein stated, this court adopts that report and awards the suggested fees and costs in accordance with this opinion.

These three related cases were brought and pursued on behalf of a class consisting of all persons who served as Judges of the United States pursuant to Article III of the Constitution of the United States: 1) prior to October 1, 1976 and continuing to March 1, 1977 and prior to July 11, 1977 and continuing to October 1, 1977 (No. 78 C 420) 478 F.Supp. 621 (N.D.Ill.1979). (“Will I”); 2) prior to October 1,1979 and who continued to hold that office after October 12, 1979 (No. 79 C 4368) (“Will II”); and, 3) prior to October 1, 1980 (No. 80 C 6692) (“Will III”). Some of the classes definitions were modified by subsequent orders.

The class which plaintiffs have represented consists of more than 800 persons serving in the United States Courts throughout the United States.

This Court granted summary judgment in favor of plaintiffs in 78 C 420 on August 29, 1979, Will I, 478 F.Supp. 621, and in 79 C 4368 on January 31, 1980, Will II.

On December 15, 1980, the Supreme Court affirmed in. part and reversed in part both of these orders. U. S. v. Will, - U.S. -, 101 S.Ct. 471, 66 L.Ed.2d 392 (1980).

On January 28, 1981, this Court granted plaintiffs’ motion for judgment on the pleadings and for entry of judgment in 80 C 6692, Will III, it being clear from the Supreme Court’s order that plaintiffs were entitled to judgment in this case.

On March 5,1981, the fee committee filed their recommendations and suggestions and plaintiffs’ counsel submitted their applications for an award of fees and expenses and costs.

Thereafter, in accordance with this Court’s order, certain class members sub[338]*338mitted comments and objections to plaintiffs’ counsel fee requests.1

On April 1, 1981, this Court held a hearing on the petition for an award of attorneys fees now pending before this court. At that time, Judge Hubert L. Will, named plaintiff, spoke on behalf of the named plaintiffs, who submitted to this Court Recommendations and Suggestions as to Reasonable Award of Attorneys’ Fees and the Method of Assessing Such Fees.2

As the Fee Committee has noted, despite the fact that there are various approaches adopted in the different Circuits for determining fees, a clear trend has emerged toward the use pf a “time-rate” analysis and away from the use of a percentage of the benefits analysis. See, Professor Arthur R. Miller’s 1980 Report to the Federal Judicial Center, Attorneys’ Fees in Class Actions.

Various sources discuss the applicable standards for determining reasonable attorney’s fees.3 The Code of Professional Responsibility as adopted by the American Bar Association provides:

Factors to be considered as guides in determining the reasonableness of a fee include the following:
(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
(2) The likelihood, if apparent to the client, that the acceptance of the particu[339]*339lar employment will preclude other employment by the lawyer.
(3) The fee customarily charged in the locality for similar legal services.
(4) The amount involved and the results obtained.
(5) The time limitations imposed by the client or by the circumstances.
(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.
(8) Whether the fee is fixed or contingent.

Disciplinary Rule 2-106; See also, Muscare v. Quinn, 614 F.2d 577 (7th Cir. 1980); In re Folding Carton Antitrust Litigation, 84 F.R.D. 245, 256 (N.D.Ill.1979).

The Third Circuit decision in Lindy Bros. Builders v. American Radiator, 487 F.2d 161 (3d Cir. 1974) (Lindy I) is probably considered the landmark decision in the area of attorneys’ fees awarded in class actions. In re Folding Carton, supra, 84 F.R.D. at 259. The significance of the Lindy I decision was its emphasis on the actual time and labor spent in litigating a class action as opposed to the more traditional, previously employed, emphasis on awarding fees on the basis of the size of the recovery. Additionally, the Lindy I court recognized two other factors of significance: 1) the contingent nature of the litigation, and 2) the quality of services rendered by counsel in prosecuting the action.

For purposes of evaluating the contingency nature of the action, a factor particularly relevant in the instant case, the court is to consider whether counsel had entered into any guaranteed fee agreements.4 See also, DR 2-106(bX8) of the Professional Code of Responsibility.

As to the quality factor, Lindy I utilized and assessed factors previously set forth in DR -2-106(b)(1), (4), and (7) and in In re Osofsky, 50 F.2d 925, 927 (2nd Cir. 1931):

In evaluating the quality of an attorney’s work in a case, the district court should consider the complexity and novelty of the issues presented, the quality of the work the judge has been able to observe, and the amount of the recovery obtained. This last factor may be the only means by which the quality of an attorney’s performance can be judged where a suit is settled before any significant in-court proceedings.

Lindy I, 487 F.2d at 168.

Later, in Lindy Bros. Builders v. American Radiator, 540 F.2d 102 (3d Cir. 1976) (Lindy II), the Third Circuit expanded upon the quality factor and the effect it should have on reaching a reasonable attorneys fee:

In determining whether to adjust the “lodestar” for quality of work or not, the District Court may consider, inter alia, 1) the result obtained by verdict or settlement evaluated in terms of (a) the potential money damages available to the class members, i. e., a comparison of the extent of possible recovery with the amount of actual verdict or settlement; (b) the benefit — monetary or non-monetary — conferred on the class, i. e. permitting the court “to recognize and reward achievements of a particularly resourceful attorney who secures a substantial benefit for his clients with a minimum of time invested ...”

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Bluebook (online)
90 F.R.D. 336, 1981 U.S. Dist. LEXIS 14341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/will-v-united-states-ilnd-1981.