Free Motion for Attorney Fees - District Court of Colorado - Colorado

RNIPCase 1:00-cv-02360-MJW-OES Document 121-3 Memoranda: Computation of Attorney Fees

Filed 10/27/2006

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MEMORANDUM - Sent via Electronic Mail DATE : TO : IVovember 6, 2002 ALL ADMINISTRATIVE OFFICERS ALL BUDGET OFFICERS Steven 3 . Parent Chief Financial Officer SUBJECT: Computation of Attorney Fees

I

ACTION REQUIRED: None. Information Only. William S. Grant I 1 Budget Analyst Resource Management and Planning Phone: (202) 616-6886 This memorandum is intended to amend and update our earlier memorandum of August 25, 1999, regarding attorney fees. The basic formula as spelled out below remains the same, however the base Department overhead rate has increased from $67.26 to $71.49 based on the average Consumer Price Index increases the past few years. This method of determining attorney fee rates assumes that there is no controlling case law and/or court rules for calculating attorney fees in a particular circuit. Where a circuit mandates a particular method of determining attorney fees, such as the "lodestar" method, then the district should follow the governing case law or rules, regardless of any difference between the generic method outlined below and the circuit's method. The formula for computing the hourly attorney fee is as follows: AUSA's annual salary (base rate plus locality adjustment) divided by 2,087 hours = hourly salary rate. Hourly salary rate x 23% = hourly benefit rate. Hourly salary rate hourly benefit rate hourly attorney fee rate.

+

+ standard Department overhead

rate ($71.49) =

For example, if an AUSA makes $98,700, divide $98,700 by 2,087 t o get $47.29, the hourly salary rate. Multiply $47.29 by .23 to get $10.88, the hourly benefit rate. Then add $47.29, $10.88, and $71.49 to get $129.66 which would be the hourly attorney fee rate for this particular AUSA.

http://10.200.254.l/staffs/rmp/memos/2002/02 1106-computation-of-attorney-fees.htm

8/23/2006

RMP Case 1:00-cv-02360-MJW-OES Document 121-3 Memoranda: Computation of Attorney Fees

Filed 10/27/2006

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Budget Officers may certify that rates based on this computation are accurate if such is required by the court. Last Update: 12/26/02 (nm)