Continuation of Exhibits to Declaration of Craig Siegel - Exs H-Q

Transcription

Case 1:06-cv-21265-PAS
Document 86-14
Entered on FLSD Docket 06/20/2008
Exhibit H
Page 1 of 63
Document 86-14
Email Preferences
L
Next ^
Page 1 of 2
Page 2 of 63
IsNe
ts.
Copyright 2006 The Miami Herald
The Miami Herald (Florida)
Distributed by McClatchy-Tribune Business News
October 2, 2006 Monday
SECTION: STATE AND REGIONAL NEWS
ACC-NO: 20061002-MI-1002-Group-resumes-voter-drives
LENGTH: 411 words
Group resumes voter drives: The League of Women Voters is
playing catch-up since a federal judge in Miami ruled that the state
discriminated against civic organizations` voter drives
HEADLINE:
BYLINE: Aldo Nahed, The Miami Herald
BODY:
Oct. 2--After its big legal fight with the state, third-party groups such as the League of Women Voters are again submitting voter
registrations without the fear of stiff fines for violations.
Mary G. Wilson, the League's national president, said she will be at the Miami-Dade Elections Department today to turn in new
voter registration applications to elections supervisor Lester Sola.
"To a certain extent, you can never catch up," Wilson said. "There is so little time left before the Nov. 7 election. We'll never realty
be able to register all of the voters."
On Aug. 28, U.S. District Judge Patricia Seitz deemed unconstitutional a state voter registration taw that restricted registration
drives such as those routinely done by groups like the League by requiring the forms be turned in to election officials within 10 days
or face stiff fines.
The law applied to all persons or organizations that engaged in voter registration except for major political parties, state motor
vehicle offices and individuals who seek to register immediate family members. It did not impact such entities as the Family Values
Party, Green Party of Florida or the Surfers Party of America.
Under the law, the state could impose fines on Individuals, registered agents or board members of any nonpartisan voter
registration group. Violators faced civil fines of $250 for each voter registration application submitted to election officials more
than 10 days after it was collected, $500 for each form delivered after any voter registration deadline and $5,000 for each
application not submitted.
"The ruling allows us to resume our voter registration without concern to the extreme penalties," Wilson said.
The law went into effect Jan. 1.
Wilson is traveling the state as part of a Public Advocacy for Voter Protection project.
Before Wilson heads to the Miami-Dade Elections Department this morning, she will make a stop at the Miami-Dade College
Wolfson campus, which is hosting Voter Awareness Day. She will talk to League members and students about their efforts in
breaking down barriers.
"We want to inform voters about the election procedure," she said. "We think voting should be fun."
Copyright (c) 2006, The Miami Herald Distributed by McClatchy-Tribune Business News. For reprints, email , call 800-374-7985 or
http://w^vw6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFuIlDoeument&orgId.. . 101312006
Document 86-14
Page 2 of 2
Page 3 of 63
847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL
60025, USA.
LOAD-DATE: October 2, 2006
Next M
Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
Terms and Conditions Privacy Policy
http://www6.lexisnexis.eoln/ptzblisher/EndUser?Action =UserDispayFullDocment&orgld.. . 1013/2006
Document 86-14
Exhibit I
Page 4 of 63
Document 86-14
Page 1 of 2
Entered on FLSD Docket 06/20/2008 Page 5 of 63
Email Preferences
i Previous
Next
exis exis
Copyright 2006 The News Herald
The News Herald (Panama City, Florida)
Distributed by McClatchy-Tribune Business News
September 5, 2006 Tuesday
SECTION: COMMENTARY
ACC-NO: 20060905-PY-0905-EDITORIAL-Win-for-democracy
LENGTH: 550 words
HEADLINE:
EDITORIAL: Win for democracy
BYLINE: The News Herald, Panama City, Fla.
BODY:
Sep. 5--Afederal judge in Miami last week correctly struck down a state voter-registration law on free speech grounds.
The statute, which was passed last year by the Legislature and went into effect Jan. 1, imposed stiff fines on groups that failed to
submit voter registration applications after certain deadlines. It levied civil fines of $250 for each form submitted to election
officials more than 10 days after they were collected; $500 for each form delivered after any registration deadline; and $5,000 for
each application not submitted.
Here's the kicker: The law exempted political parties from the same penalties.
U.S. District Judge Patricia Seitz ruled the law unconstitutional because it infringed on the groups' First Amendment right to engage
in political speech and unlawfully discriminated in favor of political parties. She sided with groups such as the League of Women
Voters, which earlier this year suspended its voter registration program because it feared being bankrupted by the fines, which
could be imposed even if the deadline errors resulted from honest mistakes by volunteers or acts of God, such as a hurricane.
The state didn't help itself by arguing before the judge that groups like the League should not be worried -- the secretary of state
could apply the law on a case-by-case basis. Combine that with the exemption for political parties, and it was clear that this poorly
thought-out law was ripe for abuse. What's to prevent the state from playing favorites with established groups, or wielding its
considerable power against those it disfavors in hopes of quashing their voice?
Furthermore, the state passed the law with only allegations, not proof, that some groups had withheld voter applications because of
the party affiliation listed by the voter on the forms. In fact, the League produced evidence that before the law was passed, the only
groups proved to have turned in their voter applications late were ... the Republican and Democratic parties. The statute seemed to
be little more than a way to harass and intimidate grass-roots political groups who nip at the heels of the powerful, entrenched
interests in Tallahassee.
Judge Seitz ruled that the law's combination of "heavy, strict" fines "chills plaintiffs' First Amendment speech and association
rights." She also said the law "unconstitutionally discriminates in favor of political parties by excluding them from the definition of
'third-party voter registration organization'." Her decision doesn't take effect in time for today's primaries, but it will allow the
League of Women voters and others to restart their registration drives in time for the November general election.
You don't have to agree with these political groups' agendas to value their role in maintaining a healthy, open democracy. The First
Amendment was not created to protect only majority views or those who already have ascended to power. Judge Seitz properly
restored some balance to Florida's political process.
Copyright (c) 2006, The News Herald, Panama City, Fla. Distributed by McClatchy-Tribune Business News. For reprints, email , call
800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite
303, Glenview, IL 60025, USA.
LOAD-DATE: September 5, 2006
http://www6.lexisnexis,com/publisher/EndUser?Action=UserDisplayFullDocument&orgld...
9/6/2006
Document 86-14
1 Previous
2 of 6
2 of 63
Entered on FLSD Docket 06/20/2008 Page
Page
Next ^
Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
Terms and Conditions Privacy Policy
http://www6.Iexi snexis.com/publisher/EndUser?Action=UserDi splayFullDocument&orgId...
9/6/2006
Document 86-14
Exhibit J
Page 7 of 63
Document 86-14
Page 8 of 63
Wes-0m
Page 1
12/31/2007 MIAMIDBR 6
12131!2007 Miami Daily Bus. Rev. 6
Miami Daily Business Review
Volume 82, No. 141
Copyright 2007 ALM Properties, Inc. All rights reserved.
December 31, 2007 ,
STILL EXPANDING
ELITE LAW FIRMS CHARGED AN AVERAGE OF 7.7 PERCENT MORE IN 2007, AND CLIENTS
AREN'T HAPPY ABOUT IT
COVER STORY
Leigh Jones ljones@alm.com
ttomey billing rates shot up in 2007, with approximately three-quarters of the law firms that participated in The
National Law Journal's annual survey boosting the amounts they charged for partner and associate services. At the
same time, the average firmwide billing rates, which included partner and associate rates, climbed by 7.7 percent,
while the firmwide median rates rose by 7.1 percent, compared to the firms that reported billing data in 2006.
Despite grousing by clients about ever-higher lawyers' fees, 75.2 percent of the firms providing billing information
this year and last charged more this year than they did in 2006. The figure represents law firms that increased the
high end of the billing range charged by their partners and associates.
This year's percentage of law firms increasing their high rates fell shy of last's year's percentage of 79.3 percent. But
the 2007 uptick, in addition to first-year associate raises to $160,000 at elite firms, did not sit well with many clients.
'There's always been frustration. Now there's anger,' said Susan Hackett, general counsel for the Association of
Corporate Counsel.
This year, 119 law firms responded to questions about billing rates that were included in the NLJ's 2007 survey of
the nation's 250 largest law firms. The survey questions were asked of approximately 300 law firms. Last year, 139
firms answered questions about their billing rates, including 109 firms that responded this year.
Among those firms reporting average and median rates both this year and last year, the average of the average
firmwide billing rate increased to $348 per hour from $321 in 2006, and the average of the median firmwide billing
rate this year was $347, compared to $324 in 2006.
Two law firms reported charging clients $1,000 an hour --; but one later insisted that its initial report was in error
and that its actual top rates were considerably lower.
At Greenberg Traurig, in New York, the range for partners first reported was between $300 and $1,000 an hour,
with a partner billing average of $490 and a median of $500. In 2006, the billing rate for partners at Greenberg
© 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
Document 86-14
12/31/2007 MIAMIDBR 6
1 213 1 /200 7 Miami Daily Bus. Rev. 6
Page 9 of 63
Page 2
Traurig ranged from $270 to $850, with an average rate of $460 and a median of $475. When asked about its rates,
however, a spokeswoman for the law firm said that it should have reported its highest billing rate in 2007 at $850.
The other law firm reporting a $1,000-an-hour rate was Wilmer Cutler Pickering Hale and Dorr, where the partner
billing range ran from $475 to $1,000. A spokeswoman for the firm declined to identify any partner who charged the
top rate.
Only one firm among those surveyed reported a decrease both in its partner and associate fees. At Sutherland Asbill
& Brennan last year, partners billed as much as $845 an hour; this year, the high end of its partner billing range fell
to $715. The Atlanta firm reported the high end of its associate range at $415, compared with $530 in 2006. Again,
the firm attributed the anomaly to a reporting error. A spokeswoman said that the high end of the firm's partner
range actually was $890, and that the high end for the associate range was $515.
The vast majority of the law firms that answered questions about their billing practices reported increasing their
partner high rates, or at least leaving them the same as last year. A full 91.7 percent of the 109 firms that responded
in both years raised their high partner rates, and among those firms, 7 percent left associate high rates the same as
last year. In addition, 12 percent of the firms that boosted partner high rates reduced associate high rates at the same
time.
The profession appeared to deepen its embrace of billing variations and altematives. Of the 47 law firms that
provided such data for this year and last, 34 percent increased the portion of their revenues eamed through variations
to their standard rates. The variations included discounts and blended rates that were relative to the firms' standard
billable hour rates. Alternatives involved departures from billing by the hour, including fixed or flat fees, hybrid fees
and contingency fees.
Some 31.9 percent of those firms reported the same portions of their revenues through variations and alternatives
this year as they did in 2006, while 4.2 percent decreased the percentage of revenues they received through
variations and alternatives.
Bruce Elvin, associate dean at Duke Law School, expects clients to increase their reliance on varied billing
structures. Elvin, who teaches a course on the business and economics of law firm practice, added that smaller firms
with lower overhead likely will benefit from the higher fees that big firms are charging. In addition, clients will
handle more of their legal work themselves.
'As rates go up, clients assess more closely the distribution of work and who's doing it,' Elvin said.
The law firm with the highest associate rate was McKee Nelson, which reported a rate on the high end of $595. Its
associate range started at $375. The firm's average billing rate was $446; its mean was $455.
McKee Nelson reported fielding 224 attorneys this year, representing a 30.2 percent growth rate for the law firm
since 2006. In 2007, it added 32 associates. But in light of the slowdown in private-equity and structured-finance
work, the firm recently initiated voluntary, temporary 'sabbaticals' for associates.
Those cutbacks and the reassignments of other lawyers have affected about 29 associates, said McKee Nelson
partner William Nelson.
Nelson said the attomeys performing credit-market work billed by the project, not by the hour. 'Rates are not an
issue for us,' he said. 'Our clients wouldn't hire us if they didn't think our rates for services were fair.'
Document 86-14
12131!2007 MIAMIDBR 6
12/3112007 Miami Daily Bus. Rev. 6
Page 10 of 63
Page 3
That logic may hold true for some rates, but not for all, said Hackett of the Association of Corporate Counsel.
'The problem isn't the $1,000-an-hour lawyer who's worth it,' she said. 'It's the $450-per-hour associates who aren't.'
Leigh Jones reports for the National Law Journal, an ALM Media affiliate of
the Daily Business Review.
12/31/2007 MIAMIDBR 6
END OF DOCUMENT
Document 86-14
Exhibit K
Page 11 of 63
Document 86-14
Page 12 of 63
\MEMCAI LAWYER
MAY 2008
mericanlawyer.com
Skadden and Latham break $2 billion.
Nineteen firms top $2 million profits per partner.
But after a historic five-year run, has the
law firm golden age come to an end?
PLUS: A no-hype view of mergers.
Document 86-14
Page 13 of 63
Two Firms Pass the $2 Billion Mark
TWO FIRMS--SKADt3EN, ARPS, SLATE, MEAGHER & FLOM and Latham &
\\'atkins-posted gross revenues of mire than $2 billion last sear. Teti
other firms had ten-digit glosses as well. Meanwhile, Ant Law 100 mainstav Cahill Gordon & Reindel continued its drift toward the bottom of
the chart. Despite a 7.5 permit increase in revenues, the tins ranked
number 00, down seven places from its 2106 finish.
Gross revenue figures on this el ratt are rounded to the nearest 5,50(} 000.
Sonic fines provided frictional bull-titre etpuivalent or full-year equivalent
lawyer numbers, which were rounded up to the nearest whole number.
Firms marked with an asterisk have more than one partnership tier or some
partners who are predominantly on fixed-income status. For a more cornplete set of definitions, see ",\ Guide to Our Methodology, - page 165.
2007 GROSS REVENUE
2806
RANK
i
J
Skadden
1.858 lawyers. 421 equity partners
Latham & Watkins
1,920 lawyers 445 equity partners`
Baker & McKenzie
3,335 lawyers. 683 equity partners
Jones Day
2,113 lawyers. 510 equity partners`
Sidley Austin
1,651 lawyers. 332 equity partners'
White & Case
1,91)3 lawyers. 287 equity partners `
Kirkland & Ellis
1.205 lawyers, 220 equity partners'
8
10
9
8
10
9
11
II
12
12
13
13
14
16
Greenberg Traurig
Mayer Brown
1,423 lawyers. 318 equity partners`
Well, Gotshal
DLA Piper US2
Morgan, Lewis
1,241 lawyers, 251 equity partners '
Sullivan & Cromwell
615 lawyers. 167 equity partners
McDermott Will
1,094 lawyers, 281 equity partners'
Paul, Hastings
1.051 lawyers. 194 equity partners*
Simpson Thacher
145 lawyers, 369 equity partners
Wilmer
D'Melhleny & Myers
1,090
equity partners'
Shearnlan & Sterling
Gibson Dunn
20
20
21
19
21
22
Morrison & Foerster
30
Reed Smith
Cleary Gottlieb
1,004 lawyers, 242 equity partners'
1,293 lawyers, 268 equity partners`
2006
RANK
2007
GROSS REVENUE
CHANGE
FROM 2006
$2,170,000,000
17.3%
24
23
$2,005,500,000
23.5%
25
24
$1,829,000,000
20.2%
26
29
$1,441,000,000
10.0%
27
28
$1,386,000,000
11.2%
28
50
$1,313,000,000
15.9%
29
25
$1,310,000,000
14.4%
30
26
$1,200,000,000
15.3%
31
31
Ropes & Gray
$1,183,000,000
9.1%
32
21
Foley & Ladner
81,175,000,000
11.9%
33
38
$1,134,500,000
11.7%
34
33
$1,033,000,000
12.0%
35
41
$985,000,000
9.4%
36
35
$978,000,000
13.7%
37
34
Fulbrlght & laworski
$975,000,000
19.9%
38
42
Milbank, Tweed
$966,000,000
20.6%
39
44
Proskauer Rose
$944,000,000
5.2%
36
King & Spalding
$934,000,000
7.5%
41
32
Holland & Knight
$921,000,000
9.4%
42
47
$907,500,000
12.2%
43
40
$894,00,00
10.0%
$894,00,00
15.5%
#892,004,D0
38.6%
49
45
M
_
Hogan & Hutson
Dechert
922 lawyers. 163 equity partners '
Davis Polk
Orrick
902lawyers. 144 equity partners'
Kirkpatrick & Lockhart'
1.235 lawyers. 243 equity partners'
Akin Gump'
881 lawyers. 199 equity partners'
Bingham McCutchen
921 lawyers. 238 equity partners"
Debevoise & Plimpton
Winston & Shawn
Hunton & Williams
931 lawyers, 248 equity partners'
Paul, Weiss
610 lawyers, 1 1 1 equity partners
535 lawyers, 112 equity partners`
685 lawyers, 156 equity partners*
1,032 lawyers, 196 equity partners*
Goodwin Procter
693 lawyers, 174 equity partners `
Cravath
WiIjkle Farr
43
Vinson & Elkins
37
Pillsbury Winthrop
721 lawyers, 174 equity partners *
2007
GROSS REVENUE
CHANGE
FROM 2006
$880,000,000
16.6%
$836,500,000
14.7%
$789,000,000.
214%
$712,000,000
15.9%
$755,000,000
NIA
$752,50,00
3.6%
$743,500,000
8.4%
$733,000,000
19.0%
$720,500,000
7.9%
$109,500,000
23.4%
$697,500,000
14.0%
$653,500,000
19.6%
$651,000,000
9.6%
$649,500,000
7.8%
$642,500,000
18.8%
$628,000,000
22.1%
$615,500,000
5.1%
$612,500,000
-0.2%
$611,000,000
20.8%
$610,500,000
1 LO%
$603,000,000
20.0%
$596,000,000
12.0%
$590,00,00
1.8%
* Indicates that the firm has more than one partnership tier
MAY 2008
175
Document 86-14
Page 14 of 63
2007 GR055 REVENUE
2001 -
2806
RANK
47
39
48
52
49
48
49
45
51
53
52
56
53
54
54
55
55
51
56
46
57
11
58
57
59
58
60
61
61
63
62
59
63
60
65
65
66
66
62
67
68
68
67
69
69
10
78
71
70
72
80
13
72
' Indicates that the firm
176
GROSS REVENUE
Cadwalader
Wachtell
Baker Botts
LeBoeut, Lamb'
Fried, Frank
Wilson Sonsini
Squire, Sanders
Alston & Bird
Arnold & Porter
55B lawyers. 211 equity partners
Heller Ehrman
Cooley Godward
Sonnenschein
Howrey
Bryan Cave
793 lawyers, 176 equity partners"
Covington & Burling
Kaye Schuler
505 lawyers. 135 equity partners`
Katten Muchin
614 lawyers. 144 equity partners `
Nixon Peabody
Seyfarth Shaw
728 lawyers, 215 equity partners '
Dewey Balaldine'
Schulte Roth
McGuireWoods
712 lawyers, 169 equity partners `
Perkins Cole
Quinn Emanuel'
Duane Morris
584 lawyers, 123 equity partners '
Fish & Richardson'
l
406 lawyers, 99 equity partners "
Dorsey & Whitney
has more than one partnership tier.
THE AMERICAN LAWYER
I
2007
GROSS REVENUE
CHANGE
FROM 2006
Drinker Biddle'
$587,000.000
5-6%
74
99
$578,500,000
220%
15
74
$577, 500,000
14.9%
76
102
$577,500,000
12.5%
77
79
$537,500,000
14.2%
18
76
$531,000,000
12.7%
79
13
$530,500,000
14.0%
80
87
$518,000,000
12.1%
81
75
$508,000,000
6.9%
82
82
$491,000,000
-3.2%
83
71
$485,000,000
44.8%
84
81
$478,000,000
4.0%
85
96
$475,000,000
3.9%
86
85
$469,000,000
14.1%
87
101
$467,000,000
14.5%
88
95
$464,000,000
8.9%
88
84
$461,000,000
9.6%
90
91
$456,500,000
16.3%
91
$442,500,000
13.0%
$431,000,000
5.5%
$419,500,000
13.7%
$412,000,000
6.3%
$394,500,000
10.7%
----
$384,500,000
29.0%
$375,000,000
11.4%
$367,500,000
28.3%
$367,000,000
11.4%
-
82
Troutman Sanders
Thelen Reid'
Steptoe & Johnson
Sheppard, Mullin
fennel* & Block
Venable
Edwards Angell
Shook, Hardy
Baker & Hostetler
Blank Rome
Patton Boggs
Finnegan, Henderson'
Littler Mendelson
664 lawyers. 248 equity partners"
Pepper Hamilton
Stroock & Stroock
Kramer Levin
Dickstein Shapiro
Mintz, Levin
93
94
Sutherland Asbill
Faegre & Benson
Womble Carlyle
Buchanan Ingersoll
Chadbourne & Parke
Ballard Spahr
Cahill Gordon
100
88
IGlpatrick Stockton
CHANGE
FROM 2006
$351,000.000
WA
$349,000,000
13.5%
$345,000,000
WA
$335,000,000
14.1%
$333,000,000
10.6%
$332,500,000
3.9%
$321,500,000
19.1%
$320,500,000
5.1%
$316,000,000
12.5%
$315,000,000
5.0%
$314,500,000
10.7%
$310,000,000
21.3%
$306,500,000
12.7%
$305,000,000
27.1%
$297,000.000
14.7%
$297,000,000
8.0%
$296,500,000
13.2%
$294,000,000
4.6%
$291,000,000
11.7%
$289,000,000
11.4%
$284,500,000
14.7%
$284,500,000
1.2%
$282,000,000
3.9%
$281000000
10.6%
$280,500,000
15.4%
$280,000,000
7.5%
$265,500,000
-0.2%
Document 86-14
Exhibit L
Page 15 of 63
Document 86-14
Document 503-29
Entered on FLSD Docket 07102/2007
EXHIBIT 40
Page 16 of 63
Page 1 of 9
Document 86-14
Page 17 of 63
1:05-cv-21395-P AS
iami attorney Eugene Stearns
may prove true the old cliche
about getting what you pay for.
The plaintiff attorney is credited
with taking a teetering case against
ExxonMobil and turning it around to
win his clients a sin billion judgment.
After the verdict, Stearns and
other firms who worked on the 15year-old case brought against the oil
company by gas station owners bat tled over what they should be paid.
Stearns asserted his firm was
instrumental in winning a case that
was bogged down and going nowhere
when his firm signed on to years ago.
U.S. District Judge Alan S. Gold
agreed. He threw out a fee agreement
signed when Stearns first joined the
case in 3 99 6 and awarded his firm
$2.49 million in fees, more than triple
what the firm would have received
under the agreement.
In the July fee ruling, Gold called
Stearns ' work in the case 'groundbreaking' and "highly skilled."
But Stearns is a pricey lawyer co
have on your side, billing $700 an
hour, the highest fee found for a
South Florida attorney in the Daily
Business Review 's first annual lawyer
billing survey.
The survey found that the hourly
rates of South Florida law firm part ners generally range from 5300-s500,
M
South Florida's legal elite
charge some jaw-dropping fees for an
hour of their time.
while associates generally ' bill
Greenberg said in court documents
between stso and ago. But rates of that its partners, including those in
sortie senior parcnert were much ` other locations, billed at much $750
= an hour. But Greenberg chief execuhigher.
The Review examined dozens oft five Cesar Alvarez said the firm 's
federal and state court files, including most expensive local partners bill
bankruptcies, breach of contract corn- shoo an hour.
plaints, fraud, and other kinds of civil
The highest billing Greenberg
disputes in which
partner found by
on
this
story go to the Review in court
comment
To
attorneys filed fee '^
wwww.0ailyBusinessReview.com,
requests with the
filings was Miami
court. The survey found hourly attorney Mark Bloom, who billed
billing rates for more than 00 $595 For representing a trustee in a
lawyers.
bankruptcy case. Bloom is co-chair of
At the highest billing levels were Grcenberg ' s national bankruptcy
partners at Greenberg Traurig and practice.
Alvarez defended the firm's rates,
Stearns Weaver Miller Weissler
Alhadeff & Sitterson.
saying his attorneys are highly trine Stearns said his firm's rates, rienced, available around the clock
although higher than others, reflect and provide excellent service.
"When you ' re dealing in big matstrong market demand For his firm 's
services. "We turn away work every ters such as the ones that firms like
day and therefore I've concluded that us get involved in, the fee is not realthe market is responding to the ly the most important factor,"
appropriateness of the rates that we Alvarez said. "The most important
factor is to provide the expertise,
charge, " he said.
Expensive elite
South Florida partners with the highest billing rates
were all in Miami-Dade.
Attorney
Firm
Steams Weaver Miller Weissler Alhadeff A Sillerson Morgan Lewis &Bodtius
2 Roger, Kent M.
3 Partners *
Blzin Strrberg Baena Price & Axelrod Greenberg Traurig
4 Bloom,Mark"
5 Kluger,AlanJ.
KlugerPeretz Kaplan &Berlin
5Lane,MolyM.
MorganLewis & Bodtius
7 Tolley Ill, B. Carey HanlonAWilliams
8 Davidson, Barry R. Halton & Williams
9Thrcdenorlon,CharlesKoyzalt Tropin & Throckmorton
9IvIoscowitz,Jane
Moscowilz & Mosc witz
Stearns Weaver Mler Weissler Alhadeff & Sitterson 9 Miller, Alison, W.
9 Polack, DavidC.
StearnsWeaverMillerWeissler Alhadeff & Sitlerson
i Steams, Eugene E.
Altaxsasaa Setssetfitt'a James M. MiBa
says saphisticsted clients are more
interested in results than the hourly rate
sty pay-
Hourly rate
3700
$650
$625 . $365
$595
$550
$550
$520
$501
$500
$500
$500
$500
* Individual partners are no, listed for Bilzin Sumberg Baena Price & Axelrod because
court documents indicated a fee range for partners but no individual lawyer billings.
e* According to court documents, Greenberg Traurig lawyers bill as high as s75o.
However, the firm says sSoo is the most its top partners hilt per bow. Bloom was the
highest-billing individual partner found by the Review in court filings.
Source: Daily Business Review research
Greenberg Traurig's Cesar Alvarez says
his Frans Fees are justified lsccassse of its
ability to provide 'expertise,
24/7
..,
Also in the top tier, were firms
such as Morgan Lewis & Bockius in
Miami, where partner Roger Kent
hilted $65o an hour. He charged that
rate in defending technology compsny Cisco Systems against a breach of
contract complaint that eventually
was settled.
Bilzin Sumberg Buena Price &
Axelrod said in court documents that
its partners charged clients as much
as $625 an hour. But the Review only
found partner Mindy Mora 's declaration_that she charged $46o for her
work on Chapter it bankruptcy cases.
Greenberg Traurig also boasted the
priciest associates. Senior associates
at that firm charged from $40o to $5o0
an hour for commercial litigation and
bankruptcy cases. That was more
than most partners in South Florida
charged.
Recent surveys by two of the
Review's affiliate publications indicate that South Florida senior partners generally bill less than those in
New York City and Washington,
D.C. But local attorneys aren't that
far behind.
The National Law Journsl reported
last December that one partner at
Venable 's Baltimore office, former
U.S. Attorney General Benjamin
Civitetti, charges ss,000 an hour. A
June survey of zoos billing rates by
the Daily Report in Atlanta found
some Manhattan firms billing more
Ser Cover Story, Pap Au
Document 86-14
Ent 'rPri nn Fl S('
a.-
Nfl,■ x,S
nrrlce
y$
12.rm
Page 18 of 63
^Abtvaae > vgA9
COVER STORY
A guide to our methodology
How the rates were gathered
and how they are presented
litigation, and other types of civil legal services.
The hourly billing rates in the accompanying
charts were culled from attorney Fee petitions filed
in federal and state courts, mostly in South
Florida, between June 2005 and August zoo6. They
may reflect rates for work performed prior to June
2005.
These listed rates do not necessarily indicate.
what attorneys actually were paid for their work.
The figures only show what these lawyers and law
Law
Florida
Firm
Location
Adorno &
Partner
Assotdatei
Akers & Boswell
Partner
Boswell, Don
Auriiio & Associates
Partner
Aurifio, Samuel C.
Associates
Paraprofessionals
Law
Florida
Location
Hourly
Rate $
Law
Firm
Gust), Jord
Wolf, Bruce
Javanovich, tick
Niels, Gabriel
Shelia, Arnold
Polish, Sheldon S.
Wells, Thomas 0.
No1n, Laura
Mai
Fort Lauderdale
Fort Lauderdale
Miami
Miami
Fast Lauderdale
Miami
Fort Lauderdale
410+
400
385+ '
. 375 `
375 .
-395
350
345
Burstein & Associates
Partners
Bernardo Burstein
Miami
Jose It. PererRiera'
Mani
230
20D
Rich, Brian G.
Meyers, Dawn
Goldberg, Fred
Of Counsel
Sedaka, Thomas A.
Attorneys
Associates
Paraprofessionals
Fort Lauderdale
Fort Lauderdale
Miami
345+
335
33D
Carlton Fields
Partners
Gilbert, Robert N.
Grunspal, Alan Michael
Warner, Thomas Edward
Kodsi, Neil
Associates
Paraprofessionals
West Palm Beach
Miami
West Palm Beach
Miami
NA
NA
460
345
345
325
245
140
Fort Lauderdale
350
450 +
420+.
145+
Charles D. Franken
Sob
Franken, Charles D.
Plantation
Charles M. Baron
Solo
Baron, Charles M.
Nor th
Cornell & Associates
Partner
Cornell Jr., G. Ware
Associates
Paraprofessionals
Weston
NA
Weston
300
1BO
85
Plantation
250
Goldrich
Solo
Goldridr, Donald S.
Deerfield Beach
300
Duane Morris
Partners
Schwartz, John S.
0' Donnell, Nanette
Orshan, Pact L.
Associates
Paraprofessionals
Miami
Miami
Miami
NA
Miami
425
415
410+
235
170
Eddy O. Marban
Solo
Marban, Eddy 0.
Miami
300
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
MGarrk
35f)
350
350
325
285
West Palm Beach
Fort Lauderdale
Fort Lauderdale
NA
NA
350
350
30D
275+
125+.
North Palen Beach
NA
North Palm Beach
295
225
90.
& Jacobs
Miami
Becker & Poliakoff
Associates
NA
Berger Singerman
Partners
Singerman, Pad
Berger, Mitchel
Spector, Arthur J.
Shawde, John 'Jack' C.
Berger, James
l.khtmal, Charles
Carr'ruvla, Anthony
Cloyd, Leslie Gem
Eaton, John
Ferberg, James H.
'
I
+
Miami
Fort Lauderdale
Fort Lauderdale
Miami
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Miami
Bilzin Sumberg Iberia
Price & Axelrod
Partners
Mora, Mirada A.
Associates
Paraprofessionals
NA
NA
NA
Miami
Miami
NA
Miami
625+
460
325+
160+
295
Barakat Prempeh
Attorneys
ed, according to our research. A double asterisk
(**) indicates a blended rate. In such cases, the
firm asked the court to award an averaged rate. +
Firm
Miami
Pahl Beach
attorneys who no longer work with the Firm list -
Ho
Yoss
Alterman Senterfitt
Partners
Batchelder, Drake M.
Goldberg, Michael I.
Gottlieb, Marc
Barnett, James D.
Sanchez, Oscar A.
Of Counsel
Carter, David A.
Gelfand, Joanne
Levit, Joan
Associates
Paraprofessionals
Rates for criminal attorneys were not collected.
The rates listed in these charts are not meant to
be a complete survey of hourly cites for all firms
and attorneys in South Florida. The Daily
Business Review cannot say whether these are
typical rates for the individual lawyers and firms
that are listed, nor what kind of fee arrangements
these lawyers and firms make.
The data in the main chart are organized by law
firm, arranged in alphabetical order. The chart
shows rates for individual partners, the range for
associates, and the range for paraprofessionals. If a
partner offered more than one rate, or a range of
rates, the highest rate was used.
In their fee petitions to the courts, some law
Firms disclose the range of hourly rates for all the
attorneys in the firm. But other Firms don ' t. For
those firms, the listed range represents the highest
and lowest rate that could be found in court documents for that firm. Therefore, rate ranges for
some firms may be incomplete.
in the charts, a single asterisk (*) indicates
Rate
ACLU of
Florida
Legal Director
Marshall, Randal
firms said they charged for the specific case. Rates
may have increased since these disclosures were
filed.
The listed rates are for bankruptcy, commercial
325+
450
440+
425
425
420
420
410
410
410
- 410
Blank Rome
Partner
Rosetta, Bruce
Paraprofessionals
Boose Casey Ciklin
Lubitz Martens
McBane & O'Connell
Partner
Crane, Robed L.
Associates
Broad & Cassel
Partners
Raymond, Mark F.
Traband, Rhen
Associates
Paraprofessionals
Boca Raton
Boca Raton
410
235+
Miami Beach
Hourly
Rate $
275
David Langley P.A.
Partner
Langley, David
Donald S.
West Palm Beach
NA
Miami
Miami
NA
Miami
350+
300+
400
300
225+
155
Bunnell Woulfe
Kirschbaum Keller
McIntyre & Gregoire
Partner
D. David Keller
Associates
Florida
Location
Fort Lauderdale
NA
No longer with firm.
Blended rate, in which an attorneys rate increased during the course of a case.
indicates the highest rate available.
.R
160
140
Document 86-14
Page 19 of 63
ase 1:05-cv-21395-PA
Law
Firm
Elk Bankier
Christu & Bakst
Partner
Bakst, Michael R.
Associates
Ferdie, Law Offices
of 'Waive R.
Partner
Ferde, Ansee R.
Associates
Florida
Location
West Pin Beach
NA
Coral Gables
NA
Florida Legal
Services Inc.
Staff Attorney
Harmatz, Miriam
Hourly
Rate S
350
250±
300
200
425
Boca Raton.
Boca Raton
NA
Gary A. Isaacs PA
'artner
rsaacs, Gary A.
West Palm Beach
425
400
275
Genovese Joblove
& Batista
Partners
Genovese, John R
Batista, Pact J.
Rieders, Craig P.
Ciao, David C.
Moses, Glenn D.
nay, Alison R.
non, Brett M.
Miami
Miami
Miami
Miami
Miami
Miami
Miami
465.31**
440
410'•
386.33"
.375
350"
309"
Gerno, Greg M.
Attorneys
Associates
Miami
NA
NA
295'
460+
260"
' Greenberg Traurig
areners
loom Mark
Itkrtton, John B.
Scherker, Eliot (2004)
Salazar, Luis
Komspan, Susan F.
Moore, Teresa J.
Vatcarcel, Manuel R.
Associates
Paraprofessionals
Z
Flot4ida
Location
Spat, Cynthia C.
Of Counsel
Alva, Curtis
Aida, Jack A.
Associates
Paraprofeselonals
West Palm Beach
220
Fort Lauderdale
West Palm Beach
NA
NA
425
350
256+
120+
Mani
Awn)
475
420+
Hollywood
Hollywood
' 300
300+
NA
Miami
Moral
Miami
Miami
Miami
Miami
Miami
Miami
520+
520 500
490
475
450
427
395
375.
Miarr i
Miami
NA
NA
417
325
325+
172+
Holland & Knight
Partners
Utter, Sandy
Jimenez, Adolfo
-
Howard N. Kahn, P.A.
Furr Cohen
Partners
Farr, Robert C.
Goklstee, Albin S.
Associates
Glasser Boreth
Ceasar & Kieppin
Partner
''ippn, Chris
Hourly
Rate $
Law'
Firm
Plantation
Miami
Miami
Miami
Miami
Miami
West Palen Beach
West Palen Beach
Miami
NA
Miami
Gunder Yoakley & Stewart
Partners
Curley, G. Joseph
West Palm Beach
Perry, Hugh W.
West Palm Beach
Seymour, Brian M.
West Palm Beach
West Palm Beach
Turk, Paul A.
Cox, Ernest A.
West Pain Beach
Sasser, Meenu T.
West Palm Beach
250
750+
595+
450
450
440
400
375
850 ..
480+ 230o
375
375
325
321
306
265
Partner
Kahn, Howard N.
Attorneys
Hunton & Williams
Partners
Tolley It, B. Carey
Davidson, Barry R.
Rash, Craig V.
Join, Thomas R.
Hoffman, Stuart K.
Eniaurio, Juan C.
Bast, Jeffrey P.
Zarin, Andrew D.
Of Counsel
Moreland, Alen Dale'
Johnson, Christopher
Associates
Paraprofessionals
James Green
Solo
Green, James
Jones Foster
Johnston & Stubbs
Partner
Trunper, John S.
Katz Barron Squitero
Partners
Swatero, John R.
Terzo, Frank P.
Blanco, Leyra F.
Associates
Paraprofessionals
Kelley & Fulton
Partners
Fulton W, Andrew
Kelley, Craig t.
Attorneys
Paraprofessionals
West Palm Beach
West Palm Beach
450
350
& Faust
Miami
Miami
Marti
NA
NA
West Palm Beach
West Palm Beach
West Palen Beach
West Palm Beach
425
400
325
300+
I00
300
300.
300
85
Kenny Nachwalter
Associates
&wine, Robert J.
Miami
250
Kilpatrick Lockhart
Nicholson & Graham
Partner
Kucera, Jeffrey T.
Associates
Miami
NA
350
250
No longer with fern.
'fended rate, in which an attorney's rate increased during the course of a case.
.thrones the highest rate available.
Law
Frm
Kiuger Peretz
Kaplan & Berlin
Partners
Mager, Alan J.
Abbott, Eliot C.
Berlin, Howard J.
Bergman, Dale S.
Geese, Michael D.
Silverman, Steven
Chartonneau, Robert P.
Katzen, Brute k
aetshy, Jason S.
Levine, Todd A.
Chesil, Michael
Marks, David Brett
Parse. Michael
Espinosa, Jorge
Shra g, Bra ley S.
Of Counsel
Ferrara, James
Loris, Jonathan D.
Attorneys
Associates
Florida
Location
Hourly
Rate $
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Mani
Miami
Miami
Miami
Miami
Miami
Boca Raton
550
475
450
425
425
425+
420+
40D
400
385 .
375
375
375
350
325
Boca Raton
Boca Raton
NA
NA
350
325
525+.
.325+
Kopelman & Blankman
Partner
Blarrkmen, Douglas
Fort Lauderdale
300
Koyzak Tr6pin
& Throckmorton
Partners
Throckmorton, Charles
Hartmann, Kenneth R.
Isicoff, Laurel'
Koyzak, John W.
Milan, David P.
Associates
Paraprofessionals
Coral Gables
Coral Gables
Coral Gables
Coral Gables
Coral Gables
NA
Coral Gables
Lasky Bigge
& Rodriguez
Partners
Bigge Jr., Robert J.
Lasky, Susan D.
Paraprofessionals
Fart Lauderdale
Fort Lauderdale
Fort Lauderdale
300
300
100
Lee & Amtzis
Partner
Associates
Boca Raton
NA
350
195
500
450
450
450
330
285+
125+
Legal Aid of Broward County
Attorney
Baeheinger, Charles Shawn Plantation
290
Leiderman Shelomith
Partners
Leiderrna n, Jonathan S.
Haywood
Hollywood
Shelomih,Zach 8.
250
250
Lewis &Tein
Partners
Lewis, Guy A.
Tein, Michael R.
Associates
Paraprofessionals
350
275
185
94
Coconut Grove
Coconut Grove
NA
Coconut Grove
Document 86-14
lea Ket 000212007
Florida
Location
Law
Firm
einstein
fk
So,,
Weinstein, Matt
Miani
Hourly
Rate $
225
Morgan Lewis & Btckius
Partners
Roger, Kent M.
Lane, Maly M.
Brachia, Robert M.
Esterez, Aare Marie
Associates
Miami
Muni
Mani
Miami
NA
650
550
470
470+
445+
Paraprofessionals
Mani
200
Ruden McClosky
Partners
Messana, Thomas'
Brighton, Robert
Krinsky, Beth-Ann
Kim, Stanley
Paraprotessionals
Phurrough, Carol
Florida
Location
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale/
Weal Palm Beach
Fort Lauderdale
Hourly
Rate $
375+
335
325
300
125
Scott Alan Orth,
Law Offices Of
Solo
Orth, Scott Alan
Moscowitz & Moscowitz
Partner
Miami
Moscowitz, Jane
Pertnoy Solowsky & Allen
Partners
Miarri
Allen, Richard L.
Miami
Patios., Sidney M.
Marra
Sdowsky, Jay H.
NA
Aseo mates
Law
Firm
Miami Shores
Florida
Location
Page f of 9
Hourly
Rate $
Stephens Lynn Klein
Lacava Hoffman & Puya
Mama
Partner
NA
Associates
160
135
Steven F. Grover,
Law Offices of
Partner
Grover, Steven F.
Associates
275
200
Fort Lauderdale
NA
Sugarman & Susskind
Associates
NA
350
Tabas Freedman
Soloff & Miller
Partners
Freedman, Gary M_
Tabas, Joel L
Soloff, Stacey F.
Mani
Miami
Miami
400
400
315
300
Scott J. Feder, PA
Coral Gables
Coral Gables
Coral Gables
400+
400
150
NA
220+
Associates
Paraprofessionals
NA
Miami
265+
145+
Partners
Shapiro, Peter E.
Landau, Jeffrey M.
Associates
Paraprofessionals
NA
Fort Lauderdale
Miami
NA
NA
495+
390
250
250+
155+
Soims & Associatess
Partner
Sokns k., William 0.
Miami
Soto Law Group
Attorneys
Fort Lauderdale
Tew Cardenas
Partners
Lehman, Thomas R.
DeMaria, Joseph
Tague, Brian
Colin, Lym
Baikovitz Rembens, Robin
De la Fuenta, Bob
Dorta, Matias
Etra, Jonathan
West, Bryan
Catalano, John
Associates
Paraprofessionals
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
NA
Miami
425
400
400
350
335
335
335
325
325
275
185
145+
Plantation
275
Fort Lauderdale
West Palm Beach
West Patin Beach
Miami
Miami
Miami
Miami
425
375
375
300
300
250
250
Coral Gables
225
Corzi Gables
225
Rani
NA
Mani
450
200
135
Partner
Feder, Scott J.
Paraprofessionals
425
425
425
200
Law
Firm
Page 20 of 63
Shook Hardy & Bacon
Associates
Shutts & Bowen
Pe, _...t, Joel
Solo
Perwin, Joel
Miami
500
Pett Furman
& Jacobson
Partner
Pett, Krishna
Associates
Boca Raton
NA
230
165
Rs —o r &
es-Pierre
Pa. _ _rs
Miami
Reimer, Jason S.
Georges-Pierre, Anthony M. Miami
Restani & McAllister
Associates
Coral Gables
300
250
200
Rice Pugatch
Robinson & Schiller
•s
Chad P.
'neon, Kenneth B.
, Lisa M.
Les
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
NA
400
425
'` 400+
250+
art Paterno, P.A.
Attorney
Paterno, Robert
Fort Lauderdale
300
Rosenberg
& McAuliffe
Partner
Mclukffe, Michael F.
Stearns Weaver Miller
Weissler Aihadeff & Sitterson
Partners
Miami
Stearns, Eugene E.
Mier, Alison, W.
Miami
Miami
Pollack, David C.
Miami
Shapiro, Jay B.
Miami
Sitterson, Curtis H.
Miami
Fen, Alan H.
Caveman, Mark P.
Mani
Miami
Lrmdeen, Joy S.
Miami
Swing, Bradford V.
Fort Lauderdale
Sal, Muni L
Marra
Sirdiovic, Martin S.
Miami
Buttrick, Jemifee S.
Miami
Buttrick, Matthew W.
Miami
Freed, Owen S.
Mani
Markus, Mona E.
Mani
Sepulveda, Jose G.
NA
Associates •
NA
Paraprofessionals
. West Palm Beach
Stephen P. Santiago
Solo
Santiago, Stephen P.
+
longer with firm.
.ded rate, in which an attorney's rate increased during the course of a caseIndicates the highest rate available.
Miami
325
200+
Tyler A. Gold
700
Partner
Gold, Tyler A.
500
500
Upchurch Watson
475
White & Max
475
Mediation Counsel
425
Fleet, J. Leonard
400
Gk, Wayne T.
400
Seidel, Henry A.
400
Bissett, k, G. William
325
Fischer, Stephen G.
325
Franco, Oscar J.
300
Kely, John Flaming
300
300 .
Vila Padron & Diaz
300
Partner
275
Oscar
265+
Attorney
.140+
Kinney, Kara
250,
Zuckerman Spaeder
Partner
Meeks, Thomas
Associates
Paraprofessionals
Document
86-14
, w ean"ce to, zoos, ' ✓wsr.r DtJbattSa
Kt - VIEW
Page 21 of 63
than s9oo an hour, while some attar- rates charged by-some South Florida rates for any current
Becker & Poliakoff partneys in Washington, Chicago and lawyers, saying clients get what they
ners, but did find two
several foreign cities billed between pay for.
"The sophisticated clients are real- associates who billed at
s800 and s9oo per hour.
South Florida 's rates for top part- ly results-oriented, and they're less 6575 and $325.
Some clients aren ' t
ners are more in line with business interested in what the hourly rate is
hubs like Chicago and Atlanta, let than the results obtained and the total necessarily put off by a
comparison, four top-billing Atlanta cost at the end of the engagement," lawyer ' s high hourly
It all
partners in the Daily Report's survey Miller said.
billing rate.
charged from s6to to $645. The averThe Akerman partners whose depends on the lawyer,
age hourly rate charged by the tzo billings were found by the Review they say.
Cassel,
Atlanta partners surveyed was $387. charged between $300 to $350 an hour.
James
an
Atlanta associates averaged s243 an
attorney who founded
hour.
Capitalink, a Miami
Less price-sensitive
financial services com Stearns said the gap between South
Florida and top markets like New
A variety of payment schemes are pany that hires its own
York is even wider for paralegals. available to clients, including contin- counsel, said hourly
According to the Review survey, parr gency fee agreements, flat-fee charges rates "have gotten to be
legals in South Florida bill as low as or hybrid arrangements. Still, attor- quite, quite high. " On
575 per hour and as high as s3oa. neys' hourly rates are a helpful base- the other hand, he said,
Paralegals, like attorneys, typically line for clients in understanding legal it's critical for businesscan increase their rates as they gain fees in the South Florida market.
es like his to hire the
experience.
The survey found that South right attorney for their
The Review survey findings indi- Florida attorneys with similar years ' specific legal needs —
cate what lawyers at large, medium experience in their practice areas gen- even if that attorney
and small law firms, as well as those erally bill at hourly rates within $ioo costs more.
in solo practice, charged clients in of each other. But rates spike up for
"All lawyers are not
particular cases over the last year. attorneys at the highest levels of created equal, " he said.
The attorneys range from the most experience and reputation, and for Having
the
right
senior partners to young associates, those in the most specialized prac- lawyers on the case
could cost more on the
but the survey is not comprehensive. tices.
The listed rates may or may not be
if a piece of legal work is routine front end but end up
typical for those lawyers, and special and uncomplicated, it is considered saving millions by the
reduced rates or fee arrangements are by lawyers to be "commodity " work, time the case is over.
"You could either have Climes don't worry about legal fee, 'when yaor entire
common practice.
such as general insurance defense,
Because the U.S. Bankruptcy Code meaning that many attorneys can a s9oo bill or a $4,000 company is at risk,' according co Tucker Roozetti.
requires that lawyers attest to their handle the matter and generally have bill, and chances are the s9 o o guy they ' re willing to and they want to
usual and customary hourly billing to compete by offering a lower hourly turns out to be more expensive."
pay a premium because they want it
s ates, the rate data from bankruptcy rate.
Akerman's Miller said real estate done and they want it done right and
dings are considered reliable. That ' s
"For specialized work and for qual- work, securities litigation and other they want it done now. " Miller said.
the source of most of the Review data. ity work, price is less of a factor, " said types of commercial litigation are the
Clients also are less price-sensitive
Stearns and other managing part- Alan Becker, a founding shareholder areas of law that arc in high demand when winning is a do-or-die matter.
ners say that looking solely at hourly at Becker & Poliakoff in Fort in South Florida. That means attor- " You ' re not going to go to any law
rates is not a good way to shop for Lauderdale. "At that point, the client neys in those areas probably will firm and hire anyone when your
attorneys because a senior partner, is more interested in getting it done charge higher hourly rates than for entire company is at risk," said
who bills at a higher rate than an right, getting it clone fast, and getting attorneys in other areas of taw.
Tucker Ronzetti, a partner at Kozyak
associate, might be able to complete a value." The Review could not locate
"In those circumstances, clients Tropin & Throckmorton in Coral
task or come up with a solution in a
can expect to pay a premium and Gables, which focuses on complex
fraction of the time it would take a
bankruptcy and commercial law.
' ess-experienced lawyer.
The Review survey found that for Exclusive company
mer Kozyek Tropin partner Laurel M.
James M. Miller, managing partner
hourly rate.
Top-billing
law
firm
partners
in
by
Broward
County,
of Alterman Senterfitt ' s Miami office,
Isicoff, who recently became South
Florida's first female bankruptcy
hose lawyers were not among the
Hourly rate
Firm
Attorney
judge, billed at $450 per hour while
p bitters, also defended the high
Berger Singerman
$440
t Berger, Mitihelt
Charles
founding
partner
Berger Singerman
2 Spector, Arthur J.
$425
Throckmorton billed at $5tst.
Rice Pugalch Robinson & Schiller
$425
3 Robinson, Kenneth B.
4 Lichtman, Charles
Berger Singerman
$420
How rates are set
Berger Singerman
4 Berger, James
$420
Groups of partners and Firm execuSource: Dally Business Rev,ew research
tives set the billing rates for each of
their lawyers, based on the marker for
the lawyer ' s service, experience, and
Palm Beach premium
quality of work.
Top-billing law firm partners in Palm Beach County, by hourly rate.
Law firm leaders say they review
the hourly rates for each attorney in
Hourly rate
Firm
Attorney
the firm, to make sure, for example,
Carlton Fields
$450
i Gilbert, Robert N.
that rising stars who are doing work
Furr Cohen
$425
that's in high demand are billing
2 Fur', Robert C.
appropriately and that all attorneys'
Blank Rome
$410
3 Rosetta, Bruce
rates parallel those of similar expert Furr Cohen
$400
4 Goldstein, Alvin S.
ise at other firms.
$400
Greenberg Traunit
4 Kornspan, Susan F.
Paul Sinprm ass notes that law firms end
Managing partners typically gather
srp passing on to client. some of the coats
ail this information, then use their
higher insurance rates, rent and
Source: Daily BusinessReview research
rployee health care.
experience and knowledge of the mar .
ro
1
-fl_r i-21
As
Document 86-14
lnrilm p nf f] 3-?9
ESSR PM4A f 9
WIT RCL ' , 5 1
FntPrPd nn I
!/tJ(
f
COYER STORY
ket to set what the executives believe
is right price for each attorney.
h Florida taw firm leaders say
tl
instantly strive to set their
atto,.teys hourly billing rates at levels that both maximize firm profits
and don t drive clients away. Their
analysis starts with the firm's cost
structure, including factors such as
space costs, employee compensation
and benefits, malpractice insurance,
and technology.
Despite the image that attorneys
work in extravagance, many managing partners say they are constantly
trying to cut costs, just like every
other business. The cuts help balance
off inflation, rising employee benefit
costs, soaring rent and other expens
es.
"There's no firm against which I
regularly compete, not one in our
market, that doesn t experience an
increase in malpractice rates, an
increase in health insurance, rent, and
as,
•ce compensations," said Paul
Si
man, co-chief executive of
Berger Singerman in Miami.
Clients ultimately pay the price for
increased law firm costs through
higher billing rates. You wait as long
as you can but you eventually have to
pass some of it on, Becker said.
Singerman said he thinks rates will
continue to rise due to the rising cost
.
'
'
-
'
'
"
"
Affordable partners
Partners with the lowest hourly billable rates.
Firm
Runnel Woulie
Kirschbaum Keller
McIntyre & (Impale
Stephens Lynn Klein
Attorney
1 D. David Keller
1 Unnamed partner
Location
Fort Lauderdale
$160
Miami
Miami
Boca Raton
Plantation
Plantation
$200
$220
$230
$230
$250
$250
Hollywood
Hollywood
$250
$250
Miami
Miami
$250
$250
West Patin Beach
7 Lederman, Jonathan S. Leiderman Shelomilh
7 Sheotnt h, Zach B. Leiderman Shelomith
David Langley, PA.
Glasser Borelh teaser
& Kleppin
7 Georges-Pierre,
Anthony M.
Romer & Georges-Pierre
Shults & Bowen
7 Landau, Jeffrey M.
$160
Miami
Lacava Hoffman & Ptrya
3 Jose R. Perez-Rise" Burstein & Associates
4 Span, Cynthia C.
GunsterYoaldey & Stewart
5 Bernardo Burstein Burstein & Associates
5 Pelt, Krishna
Pert Furman & Jacobson
7 Langley, David
7 Kleppin, Chris
Hourly rate
' No longer with firm
Source: Daily Business Review research
"
of doing business. Frankly, I'm not
sure that there s much of an alternative, he said.
Even so, law firm leaders say they
can t necessarily pass on all their rising costs to clients. They agree there
is a threshold price where even
sophisticated, deep-pocketed corpo
"
'
'
-
rate clients might start looking for
other representation. 'Sometimes we
do have to eat it,' Ronzetti said.
Another major Factor in setting
hourly rates is how much competing
South Florida law offices are charging
for the work of comparable attorneys.
Firms are constantly gathering intel-
Jeffrey Lapin claims clients of his
boutique firers better understand the valie
that a lawyer can bring to a dispute.'
ligence about what competing firms
are charging to determine whether
they are at just the right point.
"If everybody is higher than you
are, then you know you're not getting
the proper return," Becker said. "If
Set Cover Story,
Pap An
A Daily Business Review Special Report,
Managing Partners
Survey
rumored hy
Commercial Real Estate Advisors
Review's Third Annual Survey 0f South Florida Law Firm Leaders
do they view economic issues that affect their day-to-day operations?
much did first-year associates command in 2006? What are the main avenues to growth?
These and many more issues are addressed in this unique report
Don't miss this once-a-year opportunity to reach an elite group of decision-makers
who know they can find reports like this only in the Daily Business Review.
Advertising deadline: OCWbeF' 4 Publication Date: ®Ct
bet.
eisi.iraun SSSOWAAD'' PAt m B
more information or to place g our ad. contact hour advertising agency or your Daily
lusiness Review sales representative.
.aw firm marketers should call (305) 347-5555 if their firm is In Miami-Dade or 1954)
158-2521 if their firm is in Broward or Palm Beach. All other advertisers should call
305) 347-6623 if their business is in Miami-Dade, (954) 468-2511 if their business
s it. - "'oward. or 1561) 8211-2054 if their business is in Palm Beach. Any number can
043 CE:
an
:bed toll free rt t.ne t i anywhere in Florida bU dialing 1-800-777-7300 and asking for - LAW. REAL
PRINT-WEB-EVENTS
he last four digits in the number listed here.
=or
For more Information go to www.OailMBusinessReview.com
F
ase 1 :05-cv-21395-PA
Alan Becker argues that South Florida
billing rates should lie higher based on
prices in the rest of the economy.
Document 86-14
Docur~
ORTJ
ST
everybody is lower than you are.
you're not going .to get your market
share. "
Poor rice-setting can be disas trous. Firms most calculate prices for
both their commodity and specialized
work. "We try to evaluate what our
standard rate is and what we think is
appropriate both for the market and
the type of work that we do, " said
Jeffrey Lapin, a founding partner of
the four-lawyer firm Lapin &
Leichtling in Coral Gables. If those
conditions have changed, a rate
increase might be necessary. Lapin
said he and his partner, Adam
Leichtling, charge sloe an hour, while
his two associates bill at $ t 75 .
Miller said lawyer billing information in court documents, along with
anecdotal information, help his firm
ensure that its billing rates are in line
with other similar firms. lie said
sometimes his firm realizes that its
hourly rates are " out of balance, "
either too high or too low. Although
that doesn ' t automatically mean
Akerman will change its rates, the
firm has to take a closer look.
"The biggest factor is what the
market will bear and what other people are doing in the marketplace, "
Ronzetti said.
But law firm leaders say the final
decision on each lawyer's hourly rate
Docke
7/02/2007
Page 23 of 63
Page 8 of
Pricey associates
South Florida firms with the highest hourly rates for associates.
Hourly rate range
Firm
t
2
3
4
5
6
7
8
9
10
Greenbelt' Traurig
Morgan Lewis & Boeklus
Berger Singerrnan
Sugarman & Susskind
Kkrger Perelz Kaplan & Berlin
Becker & Poiiakoff
Bilzin Sutnberg Baena Price & Axelrod
Hanlon & Vtrr&iams
Katz Barron Squitero & Faust
Koyzak Tropin & Throdtmorton
$4B0.$130
$445-$235
$420-$220
$350
$3254295
$325-$275
$325. $225
$325$200
$300-$200
$285-$225
Source: Daily Business- Review research
is a guess, albeit an informed one.
"You have to look at a number of fac tors and then you take a shot at what
you think is best," Singerman said.
Boutiques can charge more
In some cases, smaller firms can
charge rates nearly as high as large
firms.
That's particularly true if a firm
can offer a specialized, high-quality
service to a client that has one very
specific legal need that not a lot of
law firms can provide. The client can
engage a boutique firm that focuses
on that area of law. Its rates can rival
those at larger firms.
Boutique firms say they rarely lose
business charging high rates because
clients know that their expertise is
worth the extra money. "You have to
either have a special value for the
prices or you have to compete on
price, and we're a value firm,"
Ronzerti said. The value comes in,
Ronzerti said, when the firm helps
companies in survival situations.
"The kind of clients that we're better suited to represent have a bigger
picture of the representation and the
value that a lawyer can bring to a dis-
Don't Miss Your
Chance To Own In
North Carolina's
Premier
Mountain Ridge
Community
We Saved the BEST for Last!
OUR FINAL RELEASE HAPPENS OCTOBER 6!
Limited number of hotel rooms
reserved for buyers.
Call for your tour reservation NOW!
Hurry For final Premium Selection!
Friday, October 6 — Sunday, October 8
866-475-9642
M' . Lla mitts u ran.r any ti Ott
wgMd by Weal law t.i earl it lake tipsy sepal. Its Wall
OWL' to Prowl
d
bemires kwr mammal
aeteiktsMas ^-gmet W lkbtwattuiea rtlrtehink
mean= .
meth
aeieslwtin.adwpostal itNit tkga bsYsil ■ b ail ledei
itnhptdylastid In*Ida
e
tateawdyatpawr]ktswt
uttealei
wmtoteawill dls iaaystaae t
rmtr
tAwayMlte
amatasdig*ade>^dktasl
nut balmily mailed h lasts lit hum empaaka
r
i uwa
" iI71 z ?We
6aYrag1Zlll$O-stl!Oldtram
AweRRLFWsbsa.
Ma
Last & Best Ridgetop Sites To Be Sold!
etc," Lapin said.
But law firm leaders say clients
that have unusual, complex or intertwining legal problems should be prepared to pay higher rates. "In general,
sophisticated clients are going to have
sophisticated problems," said Brad
Sprayberry, the executive in charge of
recruiting for Gunster Yoakley &
Stewart in West Palm Beach.
For example, during a bankruptcy
proceeding, a debtor company may
need contract specialists to interpret
what responsibilities it has under its
various agreements with suppliers,
real estate lawyers to work out deals
with landlords, and commercial litigators to handle any other ongoing
litigation that may affect a successful
reorganization.
The larger firms say they offer a
better value to clients when it comes
to large cases that involve diverse
areas of law. " One of the advantages
of having some size is that you can
put together the right type of people
at the right price to get the desired
outcome," Akerman Senterfitt's
Miller said.
Critics say the large firms sometimes pile unnecessary lawyers onto a
case, resulting in a higher total legal
bill. But large firm leaders say they
are careful to put together the right
mix of associates and partners to
ensure cost effectiveness.
"In reality, our goal is to get the
legal work to the person at the right
level," Sprayberry said. "lf our clients
aren ' t happy, they're going to go to
another law firm. "
Miller agreed, saying that his firm
tries to balance senior partners and
associates. That ' s "so that you can
accomplish the objective in the short -
Document 86-14
est amount of time without sacrificing the outcome, " he said.
No firms said that there is a shortage of legal work. Nevertheless, the
large number of lawyers and law
firms in South Florida helps keep
hourly rates down.
The National Law Journal reported
in December zoos that hourly billing
rates at too of the z5o largest U.S. law
firms spiked upward between 2004
and zoos. Roughly three-quarters of
the surveyed firms raised rates for
partners and associates.
South Florida managing partners
say rates are reviewed annually — and
most firms raise at least a few attor neys ' rates every year. But not every
attorney's rate will be raised every
year.
Alan Becker argued that South
Florida billing rates should be higher
based on prices in the rest of the economy.
But law firms are afraid of losing
business. "If it was keeping up with
the forces of the economy, [rates]
would rise even more, " Becker said.
"The biggest factor is timidity by
lawyers. "
Page 24 of 63
Law firm executives predict that
billing rates will continue to creep up
but won't go up fast. "I don' t see that
rates are going to accelerate as quickly as they have in the past," Ronzetti
said. "I think they're going to level
off a bit because the economy is going
to soften."
But Stearns said he isn't worried,
regardless of what the economy does.
"One good thing about being a lawyer
is that it is essentially recession
proof," Stearns said. "There are good
times and bad times, and lawyers
tend to do well in both. "
The right: health , care coverage
is lust a BROKER away
Your business depends on the-health of your employees. Fortunately, it's easy to
get good health care coverage that fits your needs. All you need is a broker who
understands your needs and can help you understand the products, programs
and services that are available. UnitedHealthcare proudly recognizes this local
United Advantage`" Platinum agency for its commitment to serving businesses
like yours;
Bentrust Financial
Coral Gables, FL
13051 444-8350
It just makes sense:
Gunner Yoakley & Stewart's Bead
Sprayberry says clients with complex
egal problems should expect to pay
aefty fen.
Insuranea coverage provided by or through United HeahhCara Insurance Company. Health
by or through Unitedliealtheere of Florida, Inc.
02006 United HealthCsre Services. Inc.
Plan
coverage provided
UHCFt.2e12a9-000
Document 86-14
Exhibit M
Page 25 of 63
Document 86-14
Page 26 of 63
THE NATIONAL
WW KNW.COM
J U RNAL
THE WEEKLY NEWSPAPER fOR THE LEGAL PROFESSION
JANUARY 1, 2007
ALM
In the business of doing good
Pro bono projects help firms define their identities.
By Michael Moline
STAFF REPORTER
managing partner of Bingham
McCutchen's New York office two years ago,
Robert M. Dombroff's mandate was to hire more
attorneys and raise the outpost's profile. Pro
bono, he realized, would be part of that, but
how to be more than just another cog in the
pro bono machinery:'
"Everywhere you went you would just be one of
a variety of firms doing the same thing," he said.
He wanted to "make us stand out from the pack."
The solution was what the profession calls
"signature" pro bono—in this case, a conunitment
by Bingham to provide legal support for a group of
Harlem schoolchildren and their families through
financier George Weiss' Say Yes to Education
foundation. Since the organization supports the
kids from preschool through high school, Bingham
was making a 15-year commitment.
Such are the dynamics of pro bono publico
practice: in Dombmff's words, "the intersection of
doing good and good business." As Dombrof# notes,
the program is bringing Bingham recognition,
boosting morale and fulfilling his attorneys'
obligation to help the downtrodden—"part of that
commitment you make as a lawyer."
Once again, The National Law Journal
recognizes the firms that met the call from people
or organizations that otherwise might not have
benefited from the advice of counsel. Selecting the
recipients of our 2006 Pro Bono Awards was
tough—we received scores of nominations for
worthwhile efforts, but settled on four firms of
singular achievement in the areas of human and
civil rights:
■ Perkins Coie of Seattle was among the first to
recognize its obligation to defend the rights of people like Salim Hamdan, who had been a driver for
Osama bin Laden and was among the so-called
"enemy combatants" being held indefinitely at the
U.S. military base in Guantanamo Bay, Cuba.
■Sidley Austin launched its own signature
capital litigation project, fielding 80 attorneys on
behalf of 15 death row inmates in Alabama.
■ Heller Ehrman helped prosecute two men
who murdered a nun in Brazil.
■ New York firm Kramer Levin Naftalis &
Frankel challenged a Florida law that essentially
drove nonparty-related organizations, including
the League of Women Voters, out of the business of
WHEN HE BECAME
registering voters.
Across the profession, firms have been taking
steps to institutionalize the pro bond apparatus.
Sidley, for example, eliminated a 60-hour yearly
cap on pro bono hours that was taken into
account for associate bonuses.
"The firm has made it easier for those who want
w do pro bono to step forward and volunteer," said
John Gallo, a partner in Sidley's Chicago office.
The trends seem positive. Results for 2006
aren't in yet, but 3 7.3°io of the attorneys at the
nation's 200 largest law firths reported contributing
at least 20 hours of pro hallo work in 2005, The
American Lawyer, an NLJ sister publication,
reported in July. The magazine found an 8.2% gain
in the number of lawyers in those firms doing at
least 20 hours of pro bond work_
The Pro Bono Institute at the Georgetown
University Lau- Center reached similar findings.
The large law firms the institute works with
contributed 27,485 hours on average in 2005,
compared with 22,520 hours in 2004. If that
seems a relatively modest increase, it's "trending
in the right direction," said Esther Lardent, the
institute's president.
To take a longer view, in 1995, 130 firms reported contributing 1.58 million hours to pro bond law;
in 2005, the 81 firms that have reported to the
institute thus far gave away more than 2.2 million
hours, Lardent said. "Obviously, firms have increased
in size," she said, "but that is a 41% increase with
about two-thirds of the firms reporting."
The institute found that 61% of the work
went in support of low-income people or groups
that work with them.
As large firms have become even larger,
they're looking for projects that leverage their
complexity and reach. Such efforts are "more
than just a compilation of their individual parts,"
Lardent said. "They go so deep and they can have
an amazing impact."
That's driving the move into signature projects
like Bingham's. The Say Yes to Education program
adopts kindergarten classes in struggling schools
and offers the social and educational support the
children need to succeed, paying college tuition for
the ones who graduate from high school. Bingham
has helped families with immigration problems,
helped one working mother fight eviction from the
family's apartment and helped another young
mother who was left to care for her four younger
siblings after their mother died.
Even nonlegal staff gets
involv ed, Dombroff said, serving
as playground monitors during summer school.
Lex Mundi, an international network of 160
law firms, created a foundation to support
social entrepreneurship—that is, investment in
enterprises intended to reap social as well as
financial rewards. Already the organization
has helped to establish businesses and arrange
financing in India, Sri Lanka, Indonesia and
Mauritius. It provided legal representation to a
consumer group in South America.
"What sets us apart is that we have indigenous
law firms, and many of them, so you have
somebody in Slovakia who is indigenous to that
country and knows their legal system. We would
have a firm in India, where (U.S.l firms really
can't practice," said David Roll of Steptoe &
Johnson LLP in Washington, who is managing
director of the foundation.
Elsewhere, the legal side of the Hurricane
Katrina cleanup intensified in 2006, according to
Lardent. New York's Weil, Gotshal & ltilanges
sent associates south to help residents fight for
federal emergency benefits; Reed Smith helped w
rebuild a battered criminal justice system; Snook
& Strook & L.avan of New York teamed with the
Citigroup inc. legal department and the Lawyers'
Committee for Civil Rights Under Lau, in a
program called Second Wind, to help the small
businesses that will be key to the rebuilding of
New Orleans, Lardent said.
"It's a pretty daunting task," said H.
Thomas Wells Jr. of Maynard, Cooper & Gale in
Birmingham, Ala., co-chair of the American Bar
Association's Disaster Response and Preparedness
Committee, permanent successor to the task
force the ABA formed in response to the disaster
on the Gulf Coast. "There's a lot going on, and
there are a lot of moving parts to it as well."
Citigroup's involvement reflects another
development: enlistment of corporate law
departments in pro bono work. Lardent's institute
thus far has signed 52 law departments to a
commitment to involve at least half their
staff attorneys in pro bono projects.
"There are legal issues and needs that we
didn't even talk about 10 years ago," Lardent said,
like predatory lending and Medicare prescription
assistance problems. "We keep pushing the rock
up the hill, but the hill gets steeper.
Document 86-14
TIIE NATIONAL LAW JOURNAL
Page 27 of 63
JANUARY 1, 2007
Voting case smashed barriers
"By Emily Heller
director of the Brennan Center 's democracy
program and co-counsel in the case.
The Florida law imposed fines and deadlines on
groups engaged in voter registration but exempted
political parties. It provided for a mandatory $250
fine for each voter registration form submitted
midterm elections. "We were
most eager to get immediate relief because the
PRO? BONO LAWYERS were key in a series of 2006
harm was being felt ever' day," said Kramer
voting rights lawsuits, particularly a high-profile
Levin partner Eric Tirschwell, who headed the
Florida case that was the first to hold that voter
firm's team tin the case.. The suit was filed in May.
registration by private groups is protected by the
In addition to boots-on-the-ground factual
First Amendment_
development, Kramer Levin lawyers
Litigators from New York's
brought trial experience. Weiser
Kramer Levin Naftalis St
brought understanding of the
Frankel teamed up with
constitutional issues and presented
two advocacy groups—the
arguments in court. The AdvanceBrennan Center for justice at
ment Project, which seeks to increase
New York University School
voting in low-income and minority
of Law and the Advancement
communities, brought its close
Project in Washington—to
relationships with voter groups
overturn a 2005 Florida
and elections supervisors.
law that had shut down voter"I give Kramer Levin a
registration groups such as the
tremendous amount of credit for
League of Women Voters.
5 their diligence and thoroughness
A Miami federal judge
with pleadings, fact development
issued a preliminary injunction
and, of course, the (preliminary
blocking enforcement of the PRECEDENT-SETTERS: Erin Walter, Eric Tirschwell and Craig Siegel, from le i, took on an
injunction] hearing," said Elizabeth
law as an unconstitutional onerous Florida toter-registration law.
S. West-fall, senior attorney with the
infringement on speech. The
Advancement Project.
ruling in August allowed voter-registration groups
more than 10 days after the font was completed,
Kramer Levin typically handles white-collar
to enroll voters in time for the 2006 mid-term
$500 for each registration form submitted after
criminal and regulatory defense work. The voting
elections. The groups had halted efforts for fear of
a registration deadline and $5,000 for each rights litigation was "particularly fun because we
huge penalties the new law would have imposed.
registration font not submitted at all. The
don't get to be plaintiffs that often," Tirschwell
The effect of the decision went well beyond penalties applied without exception. Individual
said. "It's really a whole different ball game."
the Sunshine Stare.
registration gatherers—most of them volunteersSo far, Kramer Levin, a medium-sized firm of
"The Florida case is the leading edge on a new
would be personally liable.
more than 300 lawyers, has donated more than $1
jurisprudence of voting rights," said Deborah
"We immediately determined the Florida law million in billable time plus $75,000 in expenses.
Goldberg, director of the democracy program at
had serious constitutional problems," Weiser said.
"This certainly was a very substantial committhe Brennan Center League of Women Voters of
The case was put together in the hope of ment and undertaking for any firm, and certainly
Florida v. Cobb, No. 06-21265 (S.D. Fla.).
taking a winning ruling to other states. "It was
for a firm that is not in the largest tier in terms of
Within a month, the Florida decision was cited
going to be a seminal case," Weiser said. "It
lawyers," Tirschwell said. "We understood when we
in rulings in Ohio and Georgia striking was extraordinarily important that the case be
made the commitment that it was going to require
down voter-registration restrictions. Project Vote v.
litigated well and thoughtfully."
the dedication of substantial resources." IM9
Blackwell, No. I:06CV 1628 (N.D. Ohio), and
A team of Kramer Levin associates, including
Association of Community Organizations for Erin Walter and former Brennan Center counsel This article is reprinted with permission from the
January 1, 2007 edition of THE NATIONAL LAW
Reform Now v. Cox, No. 1:06CV 1891 (N.D. Ga.).
Craig Siegel, gathered facts in support of a bid for JOURNAL. © 2007 ALM Properties, Inc. All rights
reserved. Further duplication without permission is
"A lot of laws were put into place in 2005 and
preliminary injunction.
prohibited.
For information, contact ALM, Reprint
2006 that would have prevented people from even
Kramer Levin was under pressure to put the
Department at 800-888-8300 x6111 or visit
getting to the polls," said Wendy R. Weiser, deputy
case together quickly because of the impending wwwalmreprints.com . #005-01-07-0001
'-R:IAL
TO THE
NATIONAL L:11S-
10I.iRNAL
KRAMER LEVIN
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
Phone: 212.715.9100
Fax: 212.715.8000
www.kramerlevin.com
47, avenue Hoche
75008 Paris
Phone: (33-1) 44 09 46 00
Fax: (33-1) 44 09 46 01
Alliance: Berwin Leighton Paisner LLP
London * Brussels
Print View of http://www.abanet.org/litigation/committees/probono/jmwa 2007.html at 0... Page 1 of 3
Case 1:06-cv-21265-PAS Document 86-14
Defending Liberty
Pursuing, Justice
Print This Page I Close Window
ABA Section of Litigation
Home < Committees < Pro Bono & Public Interest < John Minor Wisdom Awards < Past Recipients <
2007 Recipients
John Minor Wisdom Awards: 2007 Award Recipients
W. Terence Walsh
Terry Walsh has spent much of his over thirty-five year legal career
advancing the cause of child welfare by attacking school failure in Atlanta and
other jurisdictions both within and outside the State of Georgia and promoting
access to justice for poor people. He has practiced as a business litigator at
Alston & Bird his entire career (voted one of Georgia's "Super Lawyers" by
his peers), but it is instructive to note that his first legal job interview was at
the Atlanta Legal Aid Society, not a national law firm. While serving as
Atlanta Bar President in 1991, Walsh and Chief Judge Glenda Hatchett cofounded the Truancy Intervention Project ("TIP"), a dropout prevention effort
which has represented more than 3,500 children, with an over 80% success
rate, and which has attracted more than 1,000 Atlanta lawyer volunteers. Walsh has chaired TIP
since inception. In addition, he chairs the State Bar Committee on Children and the Courts, is the
Past Board Chair of Kids in Need of Dreams, and serves as a Director of Family Connection
Partnership and Georgia Appleseed Center for Law and Justice. Walsh has authored numerous
articles including "Pro Bono 2000: A Bridge Over Troubled Waters" and "A Safety Net for
Dropouts."
W. Terence Walsh I
He pursued his passion to insure adequate representation of indigents, first, as a "Saturday Lawyer"
volunteer at Atlanta Legal Aid and, thereafter, as a Board member for over twenty-three years and
as President of the Society. His vision and persistence led to the establishment of the Atlanta Legal
Aid Fellowship Program, a rotational effort to supplement over worked staff attorneys, in which 15
other firms have followed Alston & Bird's lead. He also served on the Board of the Georgia Legal
Services Program, the provider of legal services outside Metro Atlanta. He currently has leadership
responsibility in two significant initiatives of the Georgia Supreme Court: the Civil Justice
Committee and the Justice for Children Committee.
http://www.abanet.org/abanet/common/print/newprintview.cfm?ref=http: //www.abanet.org.. . 6/19/2008
Print View of http://www.abanet.org/litigation/committeeslprobono/jmwa_2007.html at 0... Page 2 of 3
He is the recipient of many awards including the Community Service Award of the Martin Luther
King, Jr. Center, the Judge Elbert P. Tuttle Jurisprudence Award from the Anti-Defamation
League, and the American Bar Association's Livingston Hall Juvenile Justice Award.
At present, he leads a team of Alston & Bird lawyers representing four Guantanamo detainees,
several inmates on death row, and many child asylum-seekers. Terry serves as Alston & Bird's first
Community Liaison Partner and is an ABA delegate for the Atlanta Bar.
Kramer Levin Naftalis & Frankel LLP
Kramer Levin Naftalis & Frankel LLP is a premier, full-service
law firm with offices in New York and Paris. The firm's strong
focus on client service and commitment to excellence have
enabled it to build long-term relationships with major domestic and international corporations,
institutions, and individuals seeking innovative and practical solutions for both everyday and
complex matters. As leading practitioners in their respective fields, firm lawyers guide Global 1000
companies and emerging growth entities, across a broad range of industries, to help them fully
realize their business goals.
Kramer Levi„
Pro bono and community service activities have always been an important part of Kramer Levin's
practice. Firm lawyers are encouraged to pursue the pro bono work most meaningful to them, and
thus have broad involvement in such areas as political asylum, First Amendment issues, civil
rights, Social Security disability, housing and homelessness, divorce and custody, criminal trials
and appeals, service to nonprofit groups, and more. Kramer Levin has brought class actions for
homeless children with asthma and children seeking SSI disability benefits, and has filed amicus
briefs in important civil rights and civil liberties cases, including Lawrence v. Texas. Through the
firm's Associate Service Program, associates staffa full time position at South Brooklyn Legal
Services representing low-income tenants in Housing Court. Summer associates also actively
participate in political asylum, SSI, and other pro bono matters.
In recent high-profile matters:
• The firm was co-counsel with the Brennan Center in League of Women Voters v. Cobb, which struck
down a restrictive Florida law that had chilled virtually all nonpartisan voter registration in the state.
• The firm was co-counsel with Lambda Legal Defense and Education Fund in Hernandez v. Robles, the
case seeking equal marriage rights for same-sex couples under the New York Constitution, as part of a
larger involvement in LGBT rights issues.
. The firm has represented five Uighur Muslims detained without due process at Guantanamo, helping to
free three of them. The firm is still working to resettle the clients in a hospitable country.
Kramer Levin also has a rich history of public and community service involvement. Firm partners
have served as directors of such leading nonprofit legal service providers as the Legal Aid Society,
http:l/www.abanet.org/abaneticommon/printlnewprintview.cfin?ref=http://www. abanet.org ... 6/19/2008
Print View of http:llwww.abanet.orgllitigationlcommitteeslprobono/jmwa 2007.html at 0... Page 3 of 3
Human Rights First, South Brooklyn Legal Services, Volunteers of Legal Services, and the New
York Legal Assistance Group, as well as other community-based, cultural, and religious nonprofits.
Many firm attorneys are involved in volunteer service to nonprofits, high school mentoring and
moot court programs, and other public service activities.
•
•
•
•
•
•
•
•
•
•
•
» Home
» Message from the Chairs
» News & Developments
» Heroes of the Profession
» Litigation Assistance Partnership Project
» Legal Services Project
» John Minor Wisdom Awards
» Newsletter
o Online Resources
» Subcommittees
» Join this Committee
This page was printed from:
http:llwww.abanet.orgllitigation/committeeslprobonoljmwa_2007. html
Close Window
© 2008. American Bar Association. All Rights Reserved. ABA Privacy Statement
http://www.abanet.org/abaneticommon/printlnewprintview.cfm?rehttp:l/www . abanet.org... 6/1912008
Document 86-14
Exhibit N
Page 31 of 63
Document 86-14
Page 32 of 63
Case '1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12/04!2006 Page 1 of 17
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No.: 1:06cr27463- I IUC K!SIMONTON
CBS BROADCASTING INC..
cat
al,.
Plaintiffs.
v.
SUF. NI . COBB. in her official capacity as Secretary of State
ol'the State of Florida. and LESTER SOLA. in his official
capacity as the Supervisor of Elections of Miami-Dade
County. Florida and as representative of defendant class of
all l'4 mty Supervisors of Elections to the State of Florida.
a
Defendants.
DEFENDANT SUE AL COBB'S MEMORANDUM OF LAW INOPPOSITION
'1'0 PLAINTIFFS'MOTION FORANAWARD OF ATTORNEY'S FEES
Defendant Sue M. Cobb. in her official capacity as Secretary of State ot'the State of
Florida_ respectfully submits this memorandum of law in opposition to the Plainti ifs' Motion
for an
I
ANN
and ol' Attorney 's Fees and Expenses Pursuant to 42 U.S.C.: I9SS (the "NIotion " )
Doc. 3S).
INTRODUCTION
The Plaintiff's initiated this action on September 29. 2006. Records submitted with the
Motion indicate that Plaintiffs' counsel bean work on the case less than a month earlier. On
October 20. 2006. the Count held its final -and only- • -hearing= on the merits. ` The C'oun
entered its final judgment on October 27, 2006---less than a month after the cast began and
: The Plaintiffs filed their motion for a preliminary injunction. but upon stipulation of
the parties, the Court treated the motion as one for a permanent injunction. See Order
Granting Plaintiffs Declaratory Relief (Doc. 30) at 2.
Document 86-14
Page 33 of 63
Case 1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12!0412006 Page 2 of 17
less than two months after Plaintiff's ' counsel commenced their efforts. For that limited time.
and for an uncomplicated case based on authority the Plaintiffs' described as extensive and
unanimous. Plaintiffs now seek a fee award in excess of S 210.000.00. That request is plainl ■
unreasonable and unwarranted.
!.
THE PLAINTIFFSARENOT ENTITLED TO AFEEAWARD AGAINST THE
SECRETARY BECAUSE THE JUDGMENT WILL NOT ALTER THE LEGAL
RELATIONSHIP BETWEEN THE PLAINTIFFS ANDTHE SECRETARY.
At the outset. Plaintiffs are not entitled to ally fee award against the Secretary- It is
true that prevailing plainti ffs in Section 1983 actions are generally entitled to an award of
reasonable fees. ((Action at 2.) But in this case, the judgment has no effect on the Secretary's
conduct -a necessary component for a fee award. The Court's judgment bas the Secretary
and other defendants from enforcing Section 102.031(4)(a), Florida Statutes. as to the
Plaintiffs' exit-polling activities. See Final Judgment (Doc. 37.) The challenged law
prohibited, among other things, exit-polling within 100 feet of polling places.
102.031(41(a), Fla. Slat. (2006). But because the Secretary lacked authority to enforce the
challenged statute regardless of the judgment, the judgment will not alter the Secretary's
conduct
t1'ifh
respect to its enforcement.
Florida law makes it clear that local officials- not the Secretary have coffin)! of
lolling places on election days. The statute at issue in this ease grants the supervisors of
elections elected constitutional officers— authority to enforce the statute:
Each supervisor of elections shall inform the clerk of the area within which
soliciting is unlawful, based on the particular characteristics of that polling
place. The supervisor or the clerk may take any reasonable action necessary to
ensure order at the polling places, including, but not limited to, having
disruptive and unruly persons removed by law enforcement officers from the
pollin g room or place or from the I00-foot zone surrounding the polling; place.
Document 86-14
Page 34 of 63
Case 1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12104/2006 Page 3 of 17
I112.1)31(4)(c), Fla. Stat. (2006). Another provision of Florida's Election Code grants
authority to local sheriffs also elected constitutional officers --to enforce election laws.
102.091. Fla. Slat. (2006). W'ith or without the Court's jud gment. the Secretary could not
enforce the challenged statute against the Plaintiffs' exit-polling activities. The Plaintiffs
apparently recognized that their relief would ultimately not come from the Secretary; they
certified a defendant class of all sixty-seven supervisors. See Order Certifying Class (Doc.
No. 31.) They did not do the same in their other exit-polling litigation this election cycle in
Ohio or Nevada. In those cases they sought speci fie relief from actions of the Secretaries of
State of those states. See ABC v. Blackwell, No. 04-750. Amended Compl. (S.D. Ohio).
attached to this Response as Exhibit "A"; ABC v. Heller, No. 06-1268. Compl. (D. No
attached to this Response as Exhibit 13 ".
"In all civil litigation. the judicial decree is not the end but the means. At the end of
the rainboet lies not a judgment, but some action (or cessation auction) by the defendant that
the judgment produces--the payment of damages, or some specific perlbrmance, or the
termination of some conduct... Hewitt v. lklnis, 482 U.S. 755. 761 11987): see also Granite
Stine Outdoor : Frhvr.. hie. v. Cit
y o/ Oeurtrater, 351 F.3d 1112, 1119-20 (l l th Cir. 3001).
The judgment cannot restrict the Secretary from exercising authority she never had. "Redress
is sought through the court, but from the defendant.... The real value of the judicial
pronouncement— Avhat makes it a proper judicial resolution ofa case or controversy rather
than an advisory opinion is the settling of some dispute which
ct(km the behavior qt. Me
ilrlimalum towanls the pluiuri ." /leak(. 482 U.S. at 761 (marks omitted). In this case. the
3
Document 86-14
Page 35 of 63
Case 1;06-cv-22463-PCH Document 46 Entered on FLSD Docket 1210412006 Page 4 of 17
Court's judgment may affect the conduct of others, but it cannot affect the Secretary's
conduct. : :accordingly, the Plaintiffs are not entitled to a fee award against the Secretary.'
II.
THE FEES REQUESTED BY THE PLAINTIFFS ARE GROSSLY
EXCESSIVE.
Although this case involved well known national media organizations and addressed
important legal issues relating to the First Amendment, limitations on state authority. and the
electoral process. this case was hardly complex, novel, or difficult. Instead. it presented ver y
narrow and well defined issues of law. There was no discovery, one brief telephonic stains
conference, thorough but concise competing memoranda of law, five straightforward
affidavits (two of which did little more than authenticate documents), a final hearin g on the
merits lasting approximately two hours, and a final order. The time between the
commencement of Plaintiffs' counsel's work and the Court's final judgment was forty-nine
days. ' For the efforts of its counsel. Plaintiffs now seek fees for eight attorneys and three
other professionals for a total of 541 hours. Their fee request is a staggering S 21 1.1 0.6o.
By contrast. private counsel for the Secretary billed a total ()IS 23,0SO for 125 hours of work. '
The Plaintiffs' request is unreasonable on its face, and it should be denied.
In addition to the injunctive relief. the final order in this case granted declaratory
relief; (Doe. 30 at l.) This does not change the analysis because "[a) declaratory
judgment , , . is no diffemnt from any other judgment. 11 will constitute relief... if. and only
if. it affects the behavior of the defendant toward the plaintiff." Rhodes t. Saeie°^rrr. 4SS LS,
1. 4 (l9SS).
The Secretary's participation in this litigation is no obstacle to this defense. The
Secretary has a duty to defend the constitutionality of a state statute. But her decision to
defend the statute did not cause the judgment to affect her conduct.
' The Plaintiffs' first time entry was on September S, 2006. Buckley Alf.. Exh. r\, and
the Amended Final Judgment was entered October 27, 2006, (Doc. 37.)
' This excludes fees associated with this Response, which have not yet been billed to
the Secretary.
;:-131112'.
4
Document 86-14
Page 36 of 63
Case 9:06-cv-22463-PCN Document 46 Entered on FLSD Docket 1210412006 Page 5 of 97
A reasonable attorney= fees award under 42 U.S.C. * 1933 is "properly calculated l}^
multiplying the number of hours reasonably expended on the litigation times a reasonable
hourly rate." ACLU r.
Barnes,
168 F.3d 423, 427 (11 th Cir. 1999) (quoting Blunt s% Ste pson.
465 U.S. 886. 888 (1984)). The request in this case seep s an unreasonable number of hours
multiplied by an unreasonable hourly rate. The product is an unreasonable request. which
should be rejected.
A.
Nothing About this Case Was ParticularIv Complex.
The issue of whether exit-polling restrictions arc consistent with the First Amendment
has been litigated before. As the Plaintiffs argued in this case, there have been sex era!
sucresst1sl challenges to other exit-polling restrictions. including some in this state. See
Prelim. lnj. Motion (Doc. 4) at 13. The Plaintiffs relied on those decisions and argued that
this Court should follow their lead.
ILL
All but one of the Plaintiffs' exit-polling authorities
preceded the Supreme Court's decision to Berson r. Freeman, 504 U.S. 191 (1992). which
affirmed certain restrictions on electioneering within 100 feet ofpolling places. The
Secretary argued that the intervening
Burson
decision undermined the earlier authorities. Se
Resp. to Prelim, Inj. Motion (Doc. 22) at 12. As the Plaintiffs noted in their memoranda. the
Secretary's arg ument in this ease relied almost exclusively on the Burson decision:. Sts.,
Reply (Doc. 26) at 2. Thus, this case presented an opportunity for the Plaintiffs to regurgitate
the same arguments their counsel presented in the several earlier cases with the new wrinkle
relating to Burson. The issue of whether Burson allowed states to restrict exit-polling did not
add a level of complexity to the case that was not otherwise present. The issue was not novel:
"the Secretary also argued that because the restricted area (a 100-foot radius) was
smaller than the restricted areas in other cases, the challenged statute was distinguishable, but
the Court disagreed. See Final Order (Doc. 30) at 10.
5
Document 86-14
Page 37 of 63
Case 1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12/04/2006 Page 6 of 17
the District Court for the Southern District of Ohio decided the same issue in September . a
case tth the same Plaintiffs and counsel. See ABC t'. Blackwell, Case No. 04-750. Opinion
and Order at 32-35 (S.D. Ohio Sep. 26, 2006), attached to Miller MT. (Doc. 1 I ) as Exhibit I I.
In their affidavits supportin g their Motion for Fees, neither Ms. Buckley nor Mr. Miller
suggests that there was anything particularly complex or novel about this case. Indeed, there
was not.
B.
Cahill Cordon's Manhattan Mourn Rates are Not Justified.
A reasonable hourly rate is "the prevailing market rate in the relevant legal c rlrrrrrnrttitl'
for similar services by lawyers of reasonably comparable skills, experience. and reputation. "
.Votstunt v. Housing MO. of Montgomery, 836 F.2d 1292. 1299 ( I I th Cir. 19881 (emphasis
added). It is obvious that the hourly rates charged by Cahill Cordon's attorneys are
substantially higher than the rates prevailing in Florida and the Miami area. Attorneys
Buckley and Miller arc both experienced litigators with substantial experience. See Buckley
and 1-liller Affidavits. Mr. Miller has twenty-live years of - experience and practices in Miami
at a very reputable firm, billing 5400 per hour. Sipe ;Miller Affidavit. Ms. Buckler has
twenty-Mine years of experience and practices in New York at a very reputable firm, billing
5765 per hour. nearly double Mr. Miller ' s rate. Ms. Buckley's associates--two of whom
have been out of law school less than four years—bill at rates higher than does ,Mr. Miller. a
twcntv-fcie year litigator in a prestigious Miami law ftnn, Nevcnheless, Mr. Miller states in
his affidavit that the Cahill Gordon billing rates "are consistent with market rates in this
community or what those rates would be if one could locate lawyers of reasonably
comparable skills. experience and reputation." Miller ACE at 7. In support of that cautious
statement. Mr. Miller attached a news article showing that one Miami lawyer bills clients at
6
Document 86-14
Page 38 of 63
5700 per hour still less than Nls. Buckley's rate. Miller All Ex. C. After describing the
S700 rate as law-dropping." the article noted that the 5700 rate was the highest found for a
South Florida attorney in the publication 's entire survey. hL it then stated that the houdy
rates of South Florida law partners generally range from S300 to S500, and that associates
typically bill in the range of 5150 to $300. kL The article recognized the disparity between
Miami and higher-paying markets like New York, concluding that "South Florida's rates for
top partners are more in line with business hubs like Chicago and Atlanta."
se also
.4CLL' a . Mimes. 168 1= .3d 423, 438 (1 lth Cir. 1999) (noting ,.the obvious fact that New fork
market rates are considerably higher than those which prevail in Atlanta").
:apparently recognizing that Cahill Gordon's rates were excessive by Miami standards.
the Plaintiffs argue that this case is a "perfect example" of when out-of=town rates are
justi lied. See Motion at 9. Ironically, they rely on ACLU r. Barnes, 168 F.3d at 435. a case in
which the Eleventh Circuit rejected that eery same argument, The Eleventh Circuit noted in
dicta that some limited circumstances might justify higher out-of-state fees. hi. But the court
denied New fork attorneys their ordinary rates because local Atlanta anomeys could have
handled the case. "Ifa fee applicant desires to recover the non-local rates of an attorney Who
is not from the place in which the case was filed, he must show a lack of attorneys practicing
in that place who are willing and able to handle his claims." hL at 437, The I laintills here
have not met that burden. They have alleged only that Cahill Gordon has substantial
experience in this type of litigation—a point the Secretary sloes not dispute, The Plaintiff's
have not suggested. though. that no Miami counsel could have represented them or achieved
the same result. Indeed. Mr. Miller is a well known lvliami litigator with First :'Amendment
experience. secs Nliller AFC, and the Plaintiffs do not suggest that he would have been
7
Document 86-14
Page 39 of 63
Case 1:06-cv-22483-PCH Document 46 Entered on FLSD Docket 1210412006 Page 8 of 17
incapable of handling the case on his own. And notwithstanding the fact that ! pls. Buckler
may have more First Amendment experience than Mr. Miller. la] prevailing plainti CI -is not
entitled to have the losing party pay for an attorney with the most expertise on a given legal
issue. regardless of price. but only for one with reasonable expertise at the market rate. And
'market rate' means the hourly rate charged in the local legal market by someone with
experlisc in the area who is grilling and able to take the case, if such an attorney exists...
JCL(
1•.
Barnes. 168 F.3d at 437.
Furthermore. even if Cahill Gordon operated more efficiently because of its past
experience. the resultin g efficiency was quickly swallowed by Cahill Gordon's substantially
higher rates. dlr. Miller could expend nearly double the time that leis. Buckley would before
matching her total cost. Furthermore, even if Ms. Buckley's expertise were indispensable. her
associates' time was not. Ivls. Buckley's associates bill at rates considerably higher than Mr.
Miller's. The associates' qualifications are not detailed in the Buckley affidavit. but it is
difficult to imagine that their experience and skill exceeds that of Mr. Miller, is seasoned
litigator ^yatl^
MC111y-1ie
e years of experience.
The Plaintiffs also cite this Court's decision in CBS v. Smith, No. 88-383 (S.D. Fla.
Nlar. 26. 199:). attached to the Buckley Affidavit as Exhibit E. In that case, the Court
aw arded Cahill Gordon all requested fees, noting the "difficulty and novelty of the legal
questions presented by this litigation." hL at 4. Whate^ er difficulty and novelty existed in
that case was not apparent in this case. That decision preceded nearly all of the Plaintiffs'
exit-polling authorities. including NBC' i•. Cleland, 697 F. Supp, 1304 (N.D. Ga. 19SS)
(invalidating exit polling restriction); CBS hie. It Crowe, No. 88-887 (D. Minn. Oct. 31.
1988) (same); Journal Brocadeasting of Ky. r. Logsdon, No. 88-147 (W.D. Ky. Oct. 21. 198S)
(same): A-WC r. Colbulg. 699 F. Sapp. 241 (D. Mt. 1988) (same): NBC r. Ktuptm, No. 58-320
(D. Wyo. Oct. 31. 1988) (same); ABC v. Blackwell, No. 04-750 (S.D. Ohio Sept. 26. 2006)
(same). At any rate. the Plaintiffs have not met their burden in this case to justify their New
York hourly rates.
s
Document 86-14
Page 40 of 63
Case 1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12104120©6 Page 9 of 17
In the Motion for fees. the Plaintiffs seek the following fees for the Cahill Gordon
itttUl'tle^'S: a
Attornev
'
i
Fee
Hours
Rate
S. Buckley
5768 , 47.75
$36.672.00
S. Buckley
$712
45.75
$32,574.00
K, Burke ' $688
6.7
$4.609.69
B. Markley 5560
43.75
524,500.00 !
B. Markley S496
65.25
S33,852.00 .
5460
11.25
—Fl
S5.175.0(
P. Hawkes . S428
6.0
52,568.00 '
5428
5.25
52.247.09
P. Howl:es
K. Sadeghi
TOTAL
!
I
234.70 SI42,197.60
See Buckley Aff., Exh. A at 9.
In their related ease in Ohio, the Plaintiffs recently submitted a fee appiicatton and
affidavit that acknowledged the fee disparity between New York and Cincinnati. Ohio. the
location of the suit. See :IBC v. Blackwell, No. 04-750. Fee Petition and Brickley Aff. (S.D.
Ohio). attached hereto as Exhibit "C." In her affidavit in that case. Ms. Buckley stated that
Cahill Gordon's fees based on their usual New York rates would have been S3S3.979.20. but
provided tite court with a calculation of what the fees would have been based on prevailing
Cincinnati rates. Her conclusion was that the fees at prevailing local rates would have been
SIB 2.509.75– roughly half ofthe Manhattan fees. hl.
' Certain attorneys are listed twice because billing rates increased during this
liti g ation.
9
Document 86-14
Page 41 of 63
Case 1:06•-cv-22463-PCH Document 46 Entered on FLSD Docket 12/0412006 Page 10 of 17
No such alternate calculation was provided in this case. But using rates from the
publication attached to Mr. Miller's affidavit, it appears that the difference between Cahill
Gordon's Manhattan fees and the prevailing Miami lees is over S64,000.00. This calculation
assumes as S400 per hour rate for Cahill partners (the same rate charged by Mr. Miller). a S300
per hour rate for dir. Markley---the seventh-year associate. and a $200 per hour irate for tite
other associates. This chart illustrates the substantial difference:
Attorney ^ hate Hours ^
S. Buckley
^K. Burke
E
I
Fee
5400 ; 93.5
S37.400.00
$400
S2.680.00 !
6.7
B. Markley 5300
i
i
P. Hawkes $200
112.0
S33,600.00
17.25
53.450.00
K. Sadeghi , S200
5.25
SI.050.00
TOTAL
I
234.70 $78,180.00
I
The difference between Cahill Gordon's Manhattan rates and the prevailing raters in
^liaami for the same number of hours is therefore S64.017.60. At a minimum, this [amount
should be subtracted Irom the Plaintiffs' fee request. "
C'.
The Number of Hours Expended Was Not Reasonable.
"It is not unusual for attorneys to spend more time on a case than it reasonably
requires. We sec that regularly. and it is one reason why applications for attorney's fees to be
paid by the other party are reviewed by courts." Ghi.vsratk v. Moore, 347 F.3d 916.920 ( I I th
" The Secretary does not object to the hourly rates charged by Plaintiffs' Florida
counsel.
10
Document 86-14
Page 42 of 63
('ir. 2003). It is clear that the Plaintiffs' counsel billed more hours than were necessary. In
fact. they billed more than lour times the number of hours billed by the Secretary's private
counsel. See Meros Declaration. attached as Exhibit "D"; see also Moore's Federal Practice
3J. ^ 54.1 90[2][a] (most courts do not use specific guidelines to determine how long tasks
should take. but they may consider the time the fee opponent devoted to the task).
ObN-iously. there is a point at which thorough and diligent advocacy in litigation
becomes overkill, and courts must disallow claims for excessive. redundant. or othem ise
unnecessary fees. ©khthonta Aerotronics is United States, 943 F.2d 1344. 1347 (D.C. Or.
19') I ): secs also llens/ey r. Eekerltttrt, 461 U.S. 424, 433-34 (1983) (courts should reduce lives
where eases are overstaffed); Miller Af. . Exh. C ("Critics say the large firms sometimes pile
unnecessary lawyers onto a case, resulting in a higher total legal bill.").
1.
flouts Billed Dntfihm the Complaint and PrelitninarrThiuuction
Brli'/ are Excessive.
in a similar action regarding exit-polling restrictions in Ohio, the Plaintiffs- . using
Cahill Gordon--filed a similar Complaint. Much of the Complaint in this action appears in
the Ohio Complaint. See ABC' v. Blackwell, No. 04-750 (S.D. Ohio) Amended Compl..
attached as Exhibit "A." And all relevant portions of the Plaintiffs' complaint in their Nevada
action again using Cahill Gordon—arc nearly identical. See ABC v. Heller. No. 06-1265
t D. Nev.) Cowl.. attached as Exhibit "B." The memoranda of law in this case and the
Nevada case also borrow heavily from one another. See Heller, Plaintiff's Memorandum of
Law. anached as Exhibit "E. " Altogether, it appears that the PlaintifTs spent approximutel ■
11
Document 86-14
Case 1:136-cv-22463-PCH Document 46 Entered on FLSD Docket 12104/2006
Page 12 of 17
? l is fours preparing the Complaint and Preliminary Injunction Motion. '" This number is
excessive in light of the fact that much of the work had already been done in other liti gation.
It is also excessive in light of Ms. Buckley's substantial expertise in the area of exit-polling
restrictions. "With that kind of experience comes knowledge, efficiency, and self-confidence.
which should reduce the number of hours necessary for the task." Glassroth, 347 F.3d at 91920. Instead of delivering increased efficiency, counsel delivered a substantial bill that
exceeds what is reasonable.
?.
The Plaintiffs Overstaffed the Feral Hear/rm.
Five professionals billed time for attending the final hearing. Mr. Miller and Ms.
Buckley appeared before the Court, and Ms. Buckley handled the argument. But two other
attorneys and a paralegal billed then-attendance as well. See Buckley AIL Lxh. A at 7 lone
extra lawyer): Miller
Exh. A at 11 (one extra lawyer and one extra paralegal). "The time
of two or three lawyers in a courtroom or conference when one would do, may obviously be
discounted."
Ji hnson v. Georgia Hi;lrnn•ar Ea-press,
hrc_, 488 F .2d 714. 717 (5th Cit.. 1974).
The Plaintiffs have not satisfied their burden to establish the necessity of these additional
professionals al the hearing.
E" This number represents an estimate because "[t]he imprecision of the billing records
submitted by the plaintiffs makes it difficult, if not impossible, to calculate with any precision
the number of hours an attorney devoted to a particular task in this litigation. The records
often lump together all the tasks performed by an attorney on a given day without breaking.
out the time spent on each task. " ACLU v. Barnes, 168 F.3d at 429. The Secretary prepared
the estimates in this section based on the descriptions of the group billings. Needless to say.
this process is imperfect, but the billing records do not provide a level of detail to pennit a
better method of allocation.
12
Page 43 of 63
Document 86-14
Case 1:06-cv-22463-PCH Document 46
3.
Entered on FLSD Docket 12104/2006 Page 13 of 17
Hours Relating to the Class Certification Should Not HoveBeen
Included.
The Secretary is not a class member, and the issue of certification obviously does not
affect her. Therefore no fees relating to the certification issue should be assessed against the
Secretary. The Plaintiffs billed approximately 95 hours relating to class certification. At any
rate. this is an excessive amount of time considering the nature of the legal issue and the fact
that no party objected to class certification.
.1.
Hours Relating to Research on the Undershrned Should Not Ilan e
Been Melt:de&
The Plaintiffs billed over two hours to conduct research on the undersigned counsel
and to review pleadings in other cases that are unrelated to this case, but that involved the
undersigned counsel. The Plaintiffs cite no authority suggesting that this type of opposition
research is an ordinary litigation expense that is compensable under Section 1985.
3.
flours Re/wine to
Been included.
Page 44 of 63
Amendhtgthe FinalhutmentShould NotIhnie
Atier entry of the Final Judgment, which granted the Plaintiff 's the legal relief they
sou^^ht, the Plaintiffs decided that the language of the Court's judgment might not be
eon\incing enough to convince poll workers and others of the judgment's import. Seep Motion
to amend Final Judgment (Doe. No. 35) at 3 ("Plaintiff's are concerned that their exit polling
reporters. who will be at various polling sites throughout Florida. will be met with confusion
by polling officials."). With no opposition from the Defendants. the Plaintiffs successfully
moved this Court to amend the final judgment.
Sec
Amended .lodgment. The Plaintiffs billed
approximately twenty-three horn's to this effort. The legal effect of the Amended Judgment ^s
no different than the original Final Judgment. Tees associated with the Plaintiffs' desire to
have wording more to their pleasing without any change in effect- are not properly
13
Document 86-14
Page 45 of 63
Case 1:06-cv-22463-PCH Document 46 Entered on FLSD Docket 12/04/2006 Page 14 of 17
recoverable. .and. at any rate, spending approximately twenty-three hours on this effort was
plainly excessive—again. there was no objection.
6.
Hours Relntine to the Implementation (lithe Omer Should Not Have
Been Included.
After entry of the Final Judgment and Amended Final Judgment, which brought this
litigation to a conclusion, the Plaintiff's billed approximately six (tours tracking the press
coverage of the case, conducting calls regarding the [Weans of spreading the word. and
perfomling other activities to ensure that poll workers were made aware of the Court's .action.
None of these activities fed to the Plaintiffs' prevailing in this action -they had already
prevailed. Accordingly. they are not compensable litigation expenses. See /htlrlernion i.
Penn/no-sr Slate Se& & Hosp., 49 F.3d 939.942 (3d Ch.. 1995) (rejecting claim for time spent
on publicizing decision because "the proper forum for litigation is the courtroom, not the
ratedia" 1.
?.
flours Spent Pre'porine the Notion for Fires HireExcessive.
The Plaintiffs` affidavits and attachments indicate that counsel spent
approximately thirty-five hours preparing the Motion for a Fee award. This, despite the tact
that the fifteen-page motion is substantively identical to the fifteen-page motion submitted in
the Ohio litigation. See Ohio Fee Application, attached as Exhibit "C." Although fees
relating to seeking fee awards are generally compensable, the hours spent on that tusk in this
case were clearly excessive.
III. IF NOTDENIED. THIS COURT SHOULD SUBSTANTIALLY REDUCE
PLAINTIFFS' FEE REQUEST.
When completely unreasonable fee petitions are filed, it is proper for the Court to
disallow fees entirely or, as might be more appropriate here, reduce the fee :award below that
14
Document 86-14
Page 46 of 63
which would normally serve as a reasonable fee. Cf. Anth-ews r. United Suites. 132 F.3d
1307. 1375 (1 I th Cir. 1997) (noting in the context of CERCLA fee awards that "[a jlthough
the Eleventh Circuit has not decided the issue ... several outer circuits hold[] that district
courts do not abuse their discretion by denying in their entirety fee applications that arc
grossly inflated"). Otherwise, ".claimants feel free to make unreasonable demands, knowing
that the only unfavorable consequence of such misconduct would be reduction of their fee to
what they should have asked for in the first place." Entl '1 Defense Roof. 1 F.3d 1254. I25S
(D.C. Cir. 1993) (citation and quotation marks omitted).
A substantial reduction is appropriate based on the excessive billing detailed above. A
reduction is particularly appropriate here. where the Plaintiffs ignored their obligation to meet
and confer. Local Rule 7.3 states that "Prior willing a motion for attorneys fees or bill to tax
costs. counsel shall confer with opposing counsel and make a certified statement in the motion
or bill.... " L.R. 7.3. S.D. Fla. (emphasis added). " Had the Plaintiffs satisfied this
obligation. it is possible that the Secretary, the Plaintiffs, and the other defendants could have
pursued a settlement of the Plaintiffs' fee claims. As it were, the Plaintiffs went ahead and
presented their fee: papers—all the while generating additional fee demands.
CONCLUSION
The Plaintiffs seek over two hundred thousand dollars for fees in a straightfmward
case that lasted all of forty-nine days and inv olved an uncomplicated legal issue. Private
counsel representing the Secretary billed less than one-eighth that fee amount, while
11 Counsel for the Plaintiffs did contact the Secretary's counsel on December 1.
purportedly to satisfy his meet and confer obligation. That contact came one business day
before this response was due, and several days after this response was drafted. It also came
three weeks after Plaintiffs filed their Motion for Fees despite the clear requirement for a
conference "prior to filing," See L.R. 7.3.
15
Document 86-14
Page 47 of 63
providin g more than adequate representation. The Secretary's private attorneys were
sensitive to the costs it incurred; the Plaintiffs were not. And "it is as much the duty of courts
to see that excessive fees and expenses are not awarded as it is to see that an adequate amount
is awarded:. :
lat.! t.
Barnes, 168 F.3d at 428.
Because the Court's judgment could not affect the Secretary's conduct, the Plaintiffs
are not entitled to recover fees or costs from the Secretary. At any rate, the fee award sought
by the Plaintiffs is
C\CeSSive
because it includes hours that should not have been billed. and it
includes an unjustified premium over and above prevailing local hourly fees. For these
reasons. if this Court grants an award of fees, it should grant a substantially IOWCr amount
than sought Fv the Plaintiffs. I2
Respectfully submitted this
s L_ day of December. 2006.
at:•c•t
Florida Bar No.: 280690
PETER ANTO;
ALLEN C. WINSOR
GEORGIA N. MEROS,.1R.
PA
Post Office Box 11189
Tallahassee. Florida 32302-3189
Phone: 850-577-9090
Fax: 850-577-3311
pva@gray-mbinson.com
awinsor@gray-robinson.com
Attorneys for Sne A1. Cobh. Secretary ctl
State for the ,States ref Florida
GRAYROBINSON,
'° The Secretary does not dispute the reasonableness of the expenses incurred by the
Plaintiffs, except that just travel expenses for additional and unnecessary professionals should
not he awarded. See Section I1(C)(2), above.
16
Document 86-14
Page 48 of 63
CERTIFICATE OF SERVICE
r
I hereby certify at on December-,, 2006, I electronically filed the foregoing
document with the Clerk of the Court using CMIECF. I also certify that the foregoing
document is being served this day on all counsel of record by United States Mail:
SUSAN BUCKLEY
RAY>IONU V. MILLER
GUNSTER. YOAKLIiY & S rEWART, P.A.
Kfvl^
One Biscayne Tower. Suite 3400
Two South Biscayne Boulevard
\liami. Florida 33131
Telephone (305) 376 6000
Facsimile (305) 376-6010
mnllcr@ gunster.com
BRIAN MARKLE•Y
J. BURKE
CAHILL GORDON & REINDEL LLP
80 Pine Street
Ncw York, New York 10005
Telephone (212) 701-3562
Facsimile (212) 378-3166
sbuckley @cahi ll.eom
Attorneys fur Plait,rp
Attor,n.Ts for Minn.*
JEFFREY P. El IRt.tc 11
N . 11A\I1-DADS COUNTY .ATTORNEY ' S OFFICE
11 I NAY. First Street. Suite 2810
Miami. Florida 13125
fcicphone (305) 375-5151
Facsimile (:05) 375-5634
ehrlichlii miarnidade.gov
Ittarnc. ^ .3 . for Lisrc,r Sol,
Peter Antonacci
Allen C. Winsor
17
Document 86-14
Exhibit 0
Page 49 of 63
Case 1:06-cv-21265-PAS Document 63 Entered on FLSD Docket 0911812006 Page 1 of 6
D.C.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
SEP ^ 5 2^'G^3
CLARfNCE MADDOX
CLERK U.S. DIST. CT,
S.D. OF FLA. MIAMI
CASE NO. 06-21265-CIV-SEITZ/MCALILEY
x
LEAGUE OF WOMEN VOTERS OF FLORIDA,
PEOPLE ACTING FOR COMMUNITY TOGETHER
(PACT), FLORIDA AFL-CIO, AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, COUNCIL 79
(AFSCME), SEIU FLORIDA HEALTHCARE UNION,
as organizations and as representatives of their members;
MARILYNN WILLS; and JOHN and JANE DOES 1100,
Plaintiffs,
v,
O
SUE M. COBB, individually and in her official capacity
as Secretary of State for the State of Florida, and DAWN
ROBERTS, individually and in her official capacity as
Director of the Division of Elections within the
Department of State for the State of Florida,
Defendants.
x
Joint Exhibit List From Hearing
on Plaintiff's Motion for a Preliminary Injunction
EXHIBIT NUMBER
DESCRIPTION
Declaration of Dianne
Plaintiffs' Exhibit
Wheatley-Giliotti
PD 1
Declaration of Marilynn
Plaintiffs' Exhibit
_ Wills
PD 2
Plaintiffs' Exhibit Declaration of Donald P.
Green
PD 3
Declaration of Ion Sancho
Plaintiffs' Exhibit
PD 4
Declaration of Cynthia
Plaintiffs' Exhibit
Hall
PD 5
^:us56,s.,
DATE
ADMITTED
OBJECTION
7.26.06
7.26.06
7.25.06
7.25.06
7.25.06
Over Defendants'
Objection
Over Defendants'
Objection
Case 1:06-cv-21265-PAS Document 63 Entered on FLSD Docket 09/18/2006 Page 2 of 6
Plaintiffs' Exhibit
PD 6
Plaintiffs' Exhibit
PD 7
Plaintiffs' Exhibit
3
Plaintiffs' Exhibit
4
Plaintiffs' Exhibit
5
Plaintiffs' Exhibit
6
Plaintiffs' Exhibit
7
Plaintiffs' Exhibit
8
Plaintiffs' Exhibit
9
7.26.06
Declaration of Alma
Gonzalez
Supplemental Declaration
of Ahna Gonzalez
Declaration of Aaron
Dorfman
Supplemental Declaration
of Cynthia Hall
Curriculum Vitae of
Donald P. Green
September 22, 2004 Email
and attached Memo from
Dawn Roberts to Florida
Supervisors of Elections
AFSCME Voter Education
Materials
Florida Voter Registration
Application
Joint Submission of
Stipulated Facts
U.S. Census Bureau
Report, "Voting and
Registration in the Election
of November 2004"
December 19, 2005 Letter
from Patricia Hollam,
Okaloosa County
Supervisor of Elections, to
Brian Mellor
Florida Department of
State, Division of
Elections, Voter
Registration Year to Date
Report, October 2004
Florida Department of
State, Division of
Elections, Notice of
Proposed Rule, "ThirdParty Voter Registration
Organizations, " #1S-2.042
7.25.06
_
Plaintiffs' Exhibit
PD 8
Plaintiffs' Exhibit
PD 9
Plaintiffs' Exhibit
PD 11
Plaintiffs' Exhibit
1
Plaintiffs' Exhibit
2
Declaration of Dale Ewart
1
•
2
K13:2535645.I
7.25.06
7.26.06
7.25.06
7.25.06
7.25.06
_
7.25.06
7.25.06
7.25.06
7.26.06
Over Defendants'
Objection.
7.25.06
Admitted by
stipulation with
Defendants'
Exhibit 1
7.26.06
T
_
7.26.06
Plaintiffs' Exhibit
10
Plaintiffs' Exhibit
11
Plaintiffs' Exhibit
2
Plaintiffs' Exhibit
13A
•
March 5, 2004 press
release of the Republican
Party of Florida, from the
Webpage of the
Republican Party of
Florida
Green Party of Florida
webpage, Frequently
Asked Questions
GET OUT THE VOTE by
Donald Green
7.26.06
Rousseau v. ACORN, 04-
8.3.06
Over Defendants'
Objection
8.3.06
Over Defendants'
Objection
8.3.06
Over Defendants'
Objection
8.3.06
Over Defendants'
Objection
8.3.46
Over Defendants'
Objection
8.3.06
Over Defendants'
Objection
8.3.06
Over Defendants'
Objection
Plaintiffs' Exhibit
13C
Plaintiffs' Exhibit
13D
Rousseau v ACORN, 04-
Civ-61636 (S.D. Fla.),
Deposition of Albertha
McCall
Civ-61636 (S.D. Fla.),
Joint Stipulation of
Voluntary Dismissal with
Prejudice
Civ-61636 (S.D. Fla.),
Final Order of Dismissal
with Prejudice
Mac Stuart v. ACORN, 0422764-Civ. (S.D. Fla.),
Amended Complaint
Plaintiffs' Exhibit
14B
Mac Stuart v. ACORN, 04-
Plaintiffs' Exhibit
14C
Mac Stuart v. ACORN, 04-
22764-Civ. (S.D. Fla.),
Joint Stipulation of
Dismissal of Counts One
and Two and Judgment in
favor of ACORN for
Defamation
22764-Civ. (S.D. Fla.),
Final Order of Dismissal of
Counts One and Two and
Judgment in favor of
ACORN for Defamation
3
KU:2535645.1
8.3.06
Civ-61636 (S.D. Fla.),
Second Amended
Complaint
Plaintiffs' Exhibit
13B
Plaintiffs' Exhibit
14A
7.26.06
Case 1:06-cv-21265-PAS Document 63 Entered on FLSD Docket 0911812006 Page 4 of 6
Plaintiffs' Exhibit
15
Plaintiffs' Exhibit
16
Plaintiffs' Exhibit
17
Plaintiffs' Exhibit
18
Plaintiffs' Exhibit
19
•
Plaintiffs' Exhibit
20
Plaintiffs' Exhibit
21
Plaintiffs' Exhibit
22
Plaintiffs ' Exhibit
23
8.3.06
Summary Chart of
"Statewide Percentage of
Yearly Voter Registrations
Per Week"
— Compiled from PX 23
8.3.06
Summary Chart of
in 7 Days Before Book
Closing"
8.3.06
Summary Chart of
in 7 Days After Book
Closing"
8.3.06
Summary Chart of "Total
Number of New
Registrations Statewide"
Summary Chart of "Miami 8.3.06
Dade Percentage of Yearly
Voter Registrations Per
Week„
Voter Registrations in 7
Days Before Book
Closing"
Voter Registrations in 7
Days After Book Closing"
Summary Chart of "Total
8.3.06
Number of New
Registrations in Miami
Dade"
CD of Voter Registration
information from Florida
Department of State,
Division of Elections
4
K13:2535615.1
Marked for
Identification
Only
Defendant's Exhibit
1
Defendant's Exhibit
2
Defendant's Exhibit
3
Defendant's Exhibit
4
Defendant's Exhibit
5
Defendant's Exhibit
6
Defendant's Exhibit
7
Defendant's Exhibit
8
E
7.25.06
August 6, 2004 Letter of
Dr. Brenda Snipes,
Supervisor of Elections of
Broward County, to Denise
Thomas-Campbell of
Association of Community
Organization for Reform
Now
Affidavit of Donna Miller 7.26.06
Withdrawn
7.26.06
Webpage from Florida
Department of State,
Division of Elections,
"Voter Registration
Statistics, New
Registration by method and
Location of Registration"
8.3.06
Summary of Voter
Registration Data, Entitled
"Voter Registration
Applications Received in
October by Year and Total
Received by Year". Based
on Florida Department of
State, Division of
Elections, records
Rousseau v ACORN, Case 8.3.06
No. 04-61636 (S.D. Fla.)
Plaintiff Albertha McCall's
Response to Defendants'
First Set of Interrogatories
8.3.06
Proposed "Form for
Complaint Against ThirdParty Voter Registration
Organization," DS-DE 108
8.3.06
Proposed "Supervisor of
Elections' Report of
Alleged Violation(s) by
Third-Party Voter
Registration Organization,"
DS-DE 109
0
5
KU:2335643.1
Admitted by
stipulation with
Plaintiffs' Exhibit
7
Over Plaintiffs'
Objection
Document 86-14
Exhibit P
Page 55 of 63
Document 86-14
Page 56 of 63
Percentage of Yearly Registrations Per Week in Florida in Past 5 Presidential Election Years
Document 86-14
Page 57 of 63
Percentage of Yearly Registrations in Florida in 7 Days Before and Including Book Closing in
Last 5 Presidential Elections
14%
1988
1992
1996
2000
2004
Document 86-14
Exhibit Q
Page 58 of 63
A6 • MONDAY, SEPTEMBER 24, 2007 • DAILY BUSINESS REVIEW
Page 59 of 63
SPECIAL REPORT:
ATTORNEY COMPENSATION
The lawyer who can hit a home run
at trial can expect to reach
that lofty fee plateau of $1,000 an hour
by John Pacenti
Special to the Review
ast spring, Broward Circuit Judge
Leroy H. Moe looked to penalize
Motorola for violating one of his
orders and tainting a trial.
The plaintiff attorneys who spent millions
on the case — and who were facing a doover because of the electronics giant's misdeeds — wanted compensation.
During a four-day hearing to consider
attorney fees, a string of expert witnesses
took the stand to give their input on what
they thought Stuart attorney Willie Gary and
his team should be paid.
A key witness, long-time litigator and former state Sen. Walter 'Skip" Campbell,
compared Gary to New York Yankees star
third baseman Alex Rodriguez. He said Gary
should get $3,750 an hour for taking on the
complex litigation brought by now-defunct
Fort Lauderdale-based SPS Technologies, an
innovator of a global positioning device.
Campbell who was an expert witness for
Gary, argued that amount should be tripled
because of the complexity of the case and
the damage done by Motorola's attorneys,
who violated Moe's order and allowed their
witnesses to read trial transcripts of testimony by the plaintiff's experts before testifying for the defense.
Gary and his team from Gary Williams
Parents Finney Lewis McManus Watson &
Sperando were looking for $93 million in
attorney fees. That would boil down to more
than $11,000 an hour for Gary.
Moe was angry that the defendant violated his witness sequestration order, but he
wasn't that mad.
The judge ordered $20 million in fees, or
about $1,0D0 an hour for Gary — the top
fee collected by a South Florida lawyer in
the Daily Business Review's second annual
lawyer billing survey.
In 2006, Eugene E. Stearns of Stearns
Weaver Miller Weissler Alhadeff & Sitterson
was the top earner in the survey at $700 an
hour for his firm's work on a 15-year-old
case against ExxonMobil on behalf of gas
station owners. Stearns led his legal team
to a $1.1 billion federal court judgment
against ExxonMobil.
The Daily Business Review's survey is not
comprehensive. The hourly rates were taken
from legal filings mostly from U.S.
Bankruptcy Court — where they are
required — and other civil and probate
cases. Some firms, such as Greenberg
Traurig, reported their hourly range in fee
applications. Many of the filings were found
in the federal court on-line computer system. The Daily Business Review examined
nearly 300 lawyers' filings from August
2006 to earlier this month.
Last year, the survey found, most
lawyers' rates fell between the $250 and
L
judgment against Walt Disney Co. for two
businessmen claiming the entertainment
giant stole their idea for a sports complex.
Most lawyers who usually bill by the hour
get nowhere near a Gary payday.
But Greenberg Traurig said it bills up to
$650 an hour for partners South Florida
the highest in the Review survey for a
corporate firm.
The highest paid individual Greenberg
partner located in court filings was Brian
Gart, an attorney who focuses on bankruptcy. He charges $550 per hour.
Partners in South Florida typically
charged from $600 to $330 an hour.
Associates' hourly rates ranged from $145
to $450, according to the Review's survey.
in
Legal playmakers
In an interview, Campbell said his analogy
that the top-notch lawyers need to be treated in terms of salary akin to superstar athletes is not hyperbole.
If you look at society, many of these
same lawyers become CEOs of major corporations, and their compensation as CEOs
is significant," Campbell said. "And if you
look at the major league athletes in baseball, basketball, football and try to figure out
what they are earning, you would think
someone who has professional credentials
should be making similar amounts."
Gary said no one takes into account the
money that law firms lose, especially on
contingency cases, which he says are the
only way clients of lesser means can gain
access to the courthouse.
"Most of the time, we lose money in this
business," Gary said. "You lose time, you
lose money you never get back. You spend
$200,000 preparing a case, and if you don't
win the case, you don't get paid. You just
lost that. It's gone:
He said the growing cost to get experts
to testify is the main factor boosting his litigation expenses. But other law firm leaders
cited different factors driving up their costs
— and in turn the fees they charge clients.
At corporate law firms, escalating associate compensation is one factor.
The highest paid individual associate in
$500 mar}.. this year the range remains rel- record reported in August that some firms in the Review's survey was Jean Laws-Scott at
atively the same with just a hint of inflation.
New York, Washington and Los Angeles had $450 an hour. She is an associate with
exceeded the $1,000 per hour rate but that Gary's firm who worked on the Motorola
case.
The gold standard
other high-profile firms feared such a sum
Two Berger Singerman attorneys tied as
would frighten away clients. One firm called
How much lawyers should get paid is
the $1,000 fee he vomit point" for clients. the top billing associates at corporate firms.
For high-profile plaintiff lawyer Gary, walk- Elyse M. Homer in the firm's Miami office and
often the subject of debate, but seldom
Paul Avron at the Boca Raton office bill
does a parade of top lawyers have to testify ing away with millions in fees is not uncommon. He is accustomed to high-stakes, con- $350, according to the survey.
before a veteran judge to help determine
But Greenberg Traurig reported it has at
tingency legal battles with corporate giants.
the fee. Just as rare is the South Florida
Among other victories, Gary has won a $50 least one "top-end associate" in South'
lawyer who gets $1,000 per hour — the
Florida who gets $505 an hour. Matthew
new gold standard for lawyers, according to million verdict against Anheuser-Busch on
Gorson, president of the firm, declined to
behalf of the Roger Marls family in a distrithe Wall Street Journal.
The nation's business newspaper of
bution dispute. Gary secured a $240 million name the associate.
Most fees for associates located in court
filings fell between the mid- and high $200s.
To see the methodology and attorney compensation list, go to page A10
Campbell said associates can be the driv-
Document 86-14
Entered on FLSD
Docket 06/20/2008 Page 60 of 63
MONDAY, SEPTEMBER 24, 2007 • DAILY BUSINESS REVIEW • A7
into settlement whether they like or not,"
Still, South Florida firms have posted
ing litigation costs for companies.
Quigley said. "We call that legal extortion."
"It's called Nit-Pick and Delay — that
record revenue and profit. Despite the coolHe said a lot of criticism recently has
ing economy, the biggest firms posted dou- famous law firm," he quipped. "Judges have
been directed toward class action cases. In
ble-digit growth in revenues in 2006, accord- to have the desire to stop the obstructionism. Sometimes they take it for granted it's these cases, members of the class end up
ing to the annual Review 15 survey.
receiving coupons for some menial service,
Bilzin Sumberg Baena Price & Axelrod in going to happen."
but the lawyers reap millions of dollars in
Campbell said when he complained
Miami, for example, reported $66.1 minion
recently in court about opposing counsel not fees, Quigley said.
in gross revenue — a 23 percent increase
"They take their fees off the top. Lawyers
turning over a document, a judge told him:
over 2005. Greenberg Traurig climbed 13
"You know it's going to happen, so why are are not going to take coupons," Quigley
percent to $199.6 million in 2006.
said.
Brenda Pagliaro Emery, the general coun- you bitching about it?"
Discovery battles appear to be the driving
sel for Tamarac-based City Furniture, said
Creative billing
force behind rising costs as corporate
the company is very happy with its outside
giants try to drain plaintiff resources by
legal work but rising costs do concern her.
One thing both plaintiff and defense
"Hourly rates continue to increase, which delaying the case as long as possible, he
lawyers agree on is that litigation is expensaid.
increased scrutiny
is a problem," Emery said. "Litigation is
sive. And corporate clients are increasingly
Bryan Quigley, the spokesman for the
already a drain on corporations across the
looking for ways to cut costs.
Institute for Legal Reform in Washington,
News reports about excessive attorney
board, and I've seen increases in probably
"Clients are looking for alternative billing
says its quite the contrary: Large compafees and a continuing political debate about the last 24 months for hourly rates."
Emery has grown increasingly frustrated
nies and corporations are often the victim of procedures. It's just something they want a
purported frivolous and unneeded litigation,
predatory legal practices by lawyers looking lot of," said Peter Prieto, executive partner
have caused increased scrutiny of legal bills by what she sees on bills to her company
of Holland & Knight's office in Miami. "They
from outside counsel. She cited one invoice for deep pockets. He said the high cost of
from judges and clients.
feel lawyers billing by the hour is inefficient
litigation forces companies to settle.
"I think a lot of judges are just accepting in which a law firm billed City Furniture for
'The defendant might have a very strong
it as a cost of doing business, but now and 12 hours of research on a simple matter,
See Special Report:
then you will see a judge get their back up," for the cost of a research service, Si for a and even overwhelming case, but the costs
Attorney Compensation, Page A8
and risks can be so high, they are forced
said Barry Davidson, partner at Hunton &
fax and Si for a phone call.
She declined to name the firm.
Williams in Miami.
As a result, Emery is working on
Harley S. Tropin of Kozyak Tropin &
Throckmorton in Coral Gables said, "I would billing guidelines-for outside law
Highest billing partners in South
Florida
say that judges, because lawyer fees are in firms that will state emphatically
to a Review survey, include wlllie Gary
the news more, scrutinize filings more — as what City Furniture will pay for and
The 20 most expensive partners, accordin g
Traurig also had an
tour spots in the rankings. Greenber g
what it will not. It plans to impose a
they should."
per
hour.
of Stuart. His firm claimed
$1.000
Tropin was among the most expensive
cap on hours for research, for
Gary, billing
urrdiscicosed partner who tied with
partners in South Florida, billing $600 an
example.
Rate
City
hour. B. Carey Tolley of Hunton & Williams in
Emery said she has also cut
Firm
Attorney
Miami also was among the priciest partners, costs by bringing more legal work
Gary William Parent' Finney
1 000
in-house, taking on the com1 Gary, Willie
Lewis McManus Watson andSerando Stirart
650
Miami _
pany's worker compensation
600
Greerber g Trau_--Coral
Gables
Unnamed_partn ers
cases in January 2005. She
Koz ak Tropin & Tf rockmortcn -- Fort Lauderdale 550
3 Tropin Harley S_
said the company hasn't
Greenber Trauri
545
ratiam
4n
asked for a discount rate but
unto& Williams
505
H
_Marra
5 Talley 6a111
is clearly thinking in that direci gt t
— Coral Gables
Holland & Kni
500
6 BohrerSanford L.
tion.
rton
Tro in &Throckmo
500
Miami
Kn
"Unfortunately, they don't
7 Kea k
Morino & Yoss
Fort Lauderdale 500
Schatzman Robed A.
really have different hourly
Fmizio
Fort Lauderdale 500
Finizio-Bascombe Jamie Finizio &&
rates for local business versus
Firizio Finiz
national ones," she said. "I think
Finizio Paul
500
Gary William P3arenti Finney pE rando Stuart
lio{Rer, Tricia
we end up paying the national
Lewis MCManes Watson and $
rate. I think it should be a little
Gary William Parenti Finney Lewis
500
Stuart
McClellan, Madison '
more competitive rate.'
McManus Watson and Spe: ands _.
But the big local firms insist
Gary William Parenti hasty Lewis -- Sruat —
500c
n o
- Parenti, Robert
they are still among the best
tdchlanus Watson and?d
495
_
Ma kctz DDav
&irusfi _ Miami
deals inflinger
the country, particularly
4•$5
Miami
Jerr}_
l
Ma
14
8ilzinSir
erg
Baena
Price
&
Axelrod
when compared to lawyers in
475
Miami
Wilma Wilda
mar,
top-tier markets such as Chicago
Serger Sin
Fort Lauderdale 475_
16 Sal ermana Paul S_ Baer er Sin erman
and New York.
Fart Laude r dale_4 75
LichtrnanCharles
Rae Pitch Robinson :-crim p er _ Miami
Greenberg Traurig's Gorson
475
Rice Arthur alley
said clients still know that reputaStearns Weaver Mm lei
5
47_
Cora`. Gables
Redmond Tucker Ko akTrorin& Th roc km ortpe
tion and quality count and are willThomas A.
Ronzetti
ferns
Court
thugs,
ing to pay for both if they get
Sorrce
results.
'Liken it to the surgeon. if you
Willie Gary, who was compared to baseball's Alex
need a surgeon, you are not going
Rodriguez, was awarded fees of $1,000
an hour for his work in the Motorola case.
to worry that he costs $5,000 an
Lowest billing partners in South Florida
hour for surgery, you want to have
Miami may have most of the highest billing
partners, but it also has its share
the best surgeon in the world,' Gorson said.
increasing his hourly wage from $520 in
cheapest.
"If you have a major transaction involving a
2005 to $545.
Attorney
Firm
Most of the partners who fell right at the lot of money, and there is little more room
1 Pinero. Elizabeth Fernandez Caruana & Jacobs
25
$500 per hour range in the Review's survey for costs, you might be looking for the best
MiamiCity
2 Snyder, Douglas J. 22 50
DouglasJ, Snyder
lawyer and best firm to handle your transacwere on Gary's team in the Motorola case.
Coral Gables
3 Funcia, Jose 250
Miller &Funcia tion."
As rates continue to rise, clients are
Miami
- Miler Joshua—
275
Miler & Funcia
Gorson said attorney hours pretty much
increasingly pushing back.
Miami
B. Freeman& Partners
275
Freeman, Lewis B
Lewis
Law firm leaders said more clients, espe- stay the same. The only way they can
Miami
275
Fulton; Andrew IV
Kelley & Fulton
st Palm Beach
increase their income or cover costs is to
cially corporate, are shopping around and
W
est
275
Kelley,
Craig I.
Kelley & Fulton
raise their hourly rate.
looking for discounts or alternative billing
W
West
Beach
8
275
lderfnJacq uiline
Kruger Peretz Kaplan
& Berlin Miami
arrangements — afraid the billable hour is a
9 Rapp aport; Jordan
295
Rappaport & Rappaport Driving up costs
never-ending sinkhole.
i
l
t
0
Boca
Raton
Lasky,
^': Susan
Law firm leaders said they are confronted
Lasky Brgge&Rodriguez— Wilton
on Manors
300
Frank, Julianre Julianne Frank PA. Some critics contend law firm hourly
with increased litigation costs, the need to
Palm Beach Gardens 300
Marcus,Alan K.
Atari
K.
fees
are
unfairly
high
and
that
plaintiff
attorMarcus
P.A.
hire top associates out of law school, higher
Coral Gables
13Amron, Brett
300
Genovese Joblove & Baptista Miami
malpractice insurance premiums, rising rent neys bog down the court system with
305
14
Trapani,
Chris
M.
Katz
Barron
Squitero
&
Faust
cases
designed
to
generate
fees,
not
outand assorted technology costs.
Forttauderdai
a
—Game, Greg
comes. Campbell, a plaintiff attorney,
Genovese Joblove & Baptista Miami it's just not paying for the time for the
315
315
attorney working on the case. You have to
believes, however, that obstructionist
S
Court filings
defense tactics are the main cause of rissupport the infrastructure," Davidson said.
ing force behind a law firm's financial success. 'The thinking is that if you are to have
a successful practice that bills hourly, then
you need a young whippersnapper out of
law school who wants to bill 2,000 hours a
year.'
Gorson made no apologies for the six-figure starting salaries big firms pay associates. It's necessary to pay well if you are
going to compete to attract "the best and
the brightest," he said.
"We need to have the best associates,
and we have to be competitive in the market
place," Corson said.
Document 86-14
A8 • MONDAY, SEPTEMBER 24, 2007 • DAILY BUSINESS REVIEW
Page 61 of 63
SPECIAL REPORT: ATTORNEY COMPENSATIONFromPage A7
Highest billing associates in South Floridaat
Highest billing partners in
Miami-Da de
City
Firm
survey but the firm also had some of the cheapest .
ldiaml —
eeRTraun
Traun
g
Law
g.
r
^g---=
Greenber
Greenbe
Other firms ranking among the pricey were Berger Singerman,
Tr6Pin
&
Kozyak
Senterfitt.
Huston & Williams, and Akerman
Thrckrno rton
Hourly
Rate
Bunton & Williams
City
Law Firm
450
Tollev B. C
Holland & Kra ht
ea_
Stuart
Paren
4 BohrerLSanford L•350-245
1Gar y lYilliam _ h
Kayak Trapin &
Miami
2 Ber erSin erman
350
5 Kozyak,John W.
Throckmo rtan
Boca Raton
334-250
,ffrnan
Berger Sin
Main
an RyA- -Markowitz Davis Rine
Klueer 'eretz Kaplan
Schatznr
325
Fort Lauderdale
—Berger Singerman
325
& Trus
7 Ma kowtitz; terry
Miami
_& Williaam
8dziti Somber
325.145
Biizin Svmber
Miami
Mindv
ss
^Nu titian & Williams
8
_Ber er Ssne ermar
Robinson
&
9
Sin
erman
Paul
S
Stearns Weaver Miller
325-250
Rice Pugatch
Fort Lauderdale
RedmondPatrECra
Schiller
304185
Miami
9 Katz
295-200
Alter Barron
_
Miami
lit
11 kerman nterfitt
285-.265
mi
Miami
&&
&
Esca
edo
Se
Kalil
285--235 •
11_ Aba41i Milne
Coral Gable,.
265 225
K Layak Tro in & Throckmdrton
13 Markowitz Davis Ral el & Trusty__ - _Mia mi
-25
x200
Highest billing partners in Broward
Avood
h
N^I
—
14 Gamber Abrams
250
Fort Lauderdale
Atto ey
pprt
a
pp
_
Law
ppaport& Ra
250 Firm
-- Ra
City
1 G
artrnBrian
Scott Malnick & Salkiri _ _Sunuse
Greenber> Traurg
Maria__
2
Fort
Lauderdale
HaimeBas
s
abas FreedmanSololf and Miller
courtl+ling
oombeme Finizio & Finizio
Sou ce:
Fort Lauderdale
Fin;zia Paul
Finizio & Flaw
Fort
4 Lichunan Charles
Lauderdale
13ereer Singerman
_Fort Lauderdale
Rice, Arthur Halsey
Rice Pugatch Robinson
& Schiller
Fort Lauderdale
_ Bergeesingerman
Fort Lauderoale
service. Fixed fees "are very rare, especially
and a disincentive for lawyers to be effiRice Pugtach Robinson
& Schiller
in high-end litigation," he said.
cient.''
_ Fort Lauderdale
Ber er Sing erman
Prieto predicts law firms will have to
Discounts are another story.
Fort Lauderdale
Rice
Pugatch
Robinson
devise more creative billing structures in the
Prieto said clients who bring lots of work
R
Schiller
future.
to a firm expect a cut rate. There is pushClients are increasingly asking for fixed
pull between clients and attorneys as they
work to balance fees and expectations.
fees and risk-sharing arrangements.
Prieto said larger firms don't like to fa
'We need to work with our clients,'
their fees because usually it's hard to predict he said.
re Coast
how much work an engagement will require
Gorson of Greenberg Traurig said
Highest billing partners in Palm Beach/Treasu
until it is under way. When it comes to litiga- larger clients also ask for alternative
Hourly Rate
City
tion, it is next to impossible.
billing arrangements when they have
Law Firm
Attorney
Gary William Parent Finney Lewis
high volume. "Alternative billing doesn't
"You never know what the other side will
1.000
Stuart
1 Gary, Willie
McManus Watson and Sperando
do," Prieto said.
accomplish a great reduction in price. It
n
s
a
Gary
William
Parent
Finney
Le
Also, he said, for the most part large firms gives greater assurance to the client to
500
Stuart
2 Hotter, Tricia
don't get involved in cookie-cutter type cases what they can expect," he said.
Gary
William
Parent
Finney
Lewis
--T
—
500
When it comes to flat fees, he said the
in which a fee could be set for a particular
McClellan, Madison' McManus Vratsoa and Sperando Stuart
__
work has to be quantitative and similar:
Gary
William
Parent
Finney
Lewis
500
1,000 eviction proceedings or 500 foreParent, Robert
Stuart
425
closures
Raton
Boca
R
400
Rappaport,_Kenneth Rapp aport &&RapP^- .- Boca Raton
Harvey Garland, the administrative
400
Fart and Cohen
partner with the Miami office of
Far rRobert C.
Boca
Raton
_
Farr and Cohen __
350
Philadelphia-based Duane Morris, said
-_ Cohen Charles
Boca
Raton
Berlin
Kluger Peretz Kaplan &
325
law firms need to be flexible with their
Sh ailberg Bradley K1kl er Peretz Kaplan & Berlin __Boca
Palm beach Gardens 300
billing.
9 Louis, or' an ' "^
3
Julianne Frank P
10 Frank Julianne
'There are times we start with an
Baca Raton
Rapa
p p o rt & Rappaport
hourly basis and then something changes
Soave: Court fangs
in six months and clients might need to
go on a blended-rate basis,' he said. "You
need to work with clients to make the
right fit."
Prieto says clients are also asking for
er intangibles these days, such as ethni- feedback on fees, as well as other issues.
as to who does their outside legal work and
are paying increasingly more attention to
cally diverse legal teams.
Michael Short, vice president of
"They do it for altruistic reasons, but
Hildebrandt
controlling their legal costs. They are more
they also do it because they believe in tried
International, a legal
sophisticated at looking at their portfolio of
cases a lot of juries are diverse and they
consulting firm based cases, Short said, and may go with several
want their lawyers to be reflective of that,"
firms rather than just one.
in New Jersey, said
Still, Short said there appears to be a
he said.
clients are becoming
Clients also demand that the firms they
more sophisticated in stalemate. While corporate clients rally
work with keep pace with technology. They
evaluating who does around cost control, the legal world wonders
want to know if they can interface with your
where risk meets reward.
their legal work.
computer and inspect documents. They
'You hear front general counsels: `We want
Short said from his
want you to have best technology available
Washington office that more predictability. We want to know how it's
for their case.
billable hours make
going to turn out.' And the experienced litigageneral counsel and
tor says, `How are we going to know how it
Savvier clients
other in-house lawyers is going to turn out? Is it going to be settlecringe. "ft's like a run- ment or summary judgment? How can we
Greenberg Traurig president Matthew Gorson
Rates are usually set by partners and
away train that's not
encapsulate all the potential outcomes into
likened the cost of a lawyer in a critical case
to that of a surgeon: 'You are not going to
some kind of win-win arrangement?' "
firm executives. Marketing departments at
going anywhere,"
worry that he costs $5,000 an hour for surThe questions won't be answered any time
firms sometimes do focus group studies
Short said.
gery, you want to have the best surgeon in
with clients without lawyers present to get
As a result, clients have become savvier
soon. 1
the world.'
1:06-cv-21265-PAS
Document 86-14
SEPTEMBER 24, 2007 • DAILY BUSINESS REVIEW
MCase
O • MONDAY,
A guide to our
methodology
How the rates were gathered
and how they are presented
The hourly billing rates in the accompanying charts
were culled from attorney fee petitions filed in federal
and state courts, mostly in South Florida, between
June 2006 and August 2007. They may reflect rates
for work performed prior to June 2006.
These listed rates do not necessarily indicate what
attorneys actually were paid for their work. The fig-
Location
firm
Abrams Berger
Partner
Berger, Terry Abrams
Fort Lauderdale
Aballi Milne Kalil & Escagedo
Partners
Abaci, Arturo J.
Kalil, Craig
Milne, Hendrick G.
Associates
Paraprofessionals
ACLU of Florida
Florida Legal Director
Marshall, Randall C.
Adorno & Yoss
Partners
Feigeles, Julie
Schatzman, Robert A.
Solomon, Steven J.
Paraprofessionals
Akerman Senterfttt
Of Counsel
Carter, Francis
Gelfand, Joanne
Levit, Joan
Associates
Alan K. Marcus, P.A.
Partner
Marcus, Alan K.
Miami
Miami
Miami
Miami
Miami
Miami
Bennett G. Feldman
Solo
Feldman, Bennett G.
Berger Singerman
Partners
Cloyd, Leslie Gem
Eaton, John D.
Fierberg, James
Guso, Jordi
Lampert, Daniel
Lichtman, Charles
Rich, Brian G.
Shawde, Jack
Singerman, Paul S.
Spector, Arthur
Associates
Paraprofessionals
335
400
375
400
265-285
118-125
400
ores show only what these lawyers and law firms
sought to charge for a specific case. Rates may have
increased since these disclosures were filed.
The listed rates are for bankruptcy, commercial litigation and other types of civil legal services. Rates
for criminal defense attorneys were not collected.
In some cases, the listed rates reflect what law
firms reported they charge.
The rates listed in these charts are not meant to
be a complete survey of hourly rates for all firms and
attorneys in South Florida. The Daily Business Review
cannot say whether these are typical rates for the
individual lawyers and firms that are listed, nor what
kind of fee arrangements these lawyers and firms
make.
The data in the main chart are organized by law
firm, arranged in alphabetical order. The chart shows
Firm
Location
Bilzin Sumberg Baena Price & Axelrod
Partners
Miami
Amaducci, Suzanne
Miami
Mora, Mindy
Associates
Miami
Miami
Paraprofessional
Bruce Rogow, RA.
Solo
Bruce Rogow
Caruana & Jacobs
Partners
Lorenzen, Dirk
Pinero, Elizabeth Fernandez
Miami
Miami
Miami
Miami
Miami
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Coral Gables
Aventura
Aventura
Coral Gables
Fort Lauderdale
Fort Lauderdale
Miami
Miami
Miami
Fort Lauderdale
Fort Lauderdale
Miami
Miami
Fort Lauderdale
Miami
Fort Lauderdale
Boca Raton
Miami
Fort Lauderdale
Miami
325
500
385
140
640395
325
200-295
300
Douglas J. Snyder, P.A.
Solo
Snyder, Douglas J.
Duane Morris
Partners
Kasten, Bruce
O'Donnell, Nanette
Orshon, Paul
Schwartz, John
Associates
Paraprofessional
Finizio & Finizio
Partners
Finizio-Bascombe, Jamie
Finizio, Paul
Hourly
rate $
425
485
325
165-190
Fort Lauderdale
500
Miami
Miami
350
225
David Marshall Brown, P.A
Fort Lauderdale
Brown, David Marshall
Atkinson Diner Stone Mankuta & Ploucha
Partner
Diner, Jesse
Fort Lauderdale
Behar Gutt & Glazer
Partner
Behar, Brian
Associates
Hourly
rate $
Coral Gables
Philadelphia
Miami
Miami
Miami
Miami
Miami
Fort Lauderdale
Fort Lauderdale
375
275
350
410
435
435
435
450
475
345
435
475
450
245-350
325
350
125-160
65-160
75-160
Boca Raton
Boca Raton
Boca Raton
Plantation
Hollywood
Hollywood
Genovese Joblove & Battista
Partners
Amron, Brett
Miami
Miami
Battista, Paul
Cimo, David
Miami
Miami
Day, Allison
Miami
Garno, Greg
Messana, Thomas
Fort Lauderdale
Miami
Moses, Glenn
Location
Hourly
rate $
Paraprofessionals
Fort Lauderdale
Miami
Fort Lauderdale
Miami
345
210-245
225
95-160
Greenberg Traurig
Partners
Unnamed partners
Gart, Brian
Kula, Elliot
Salazar, Luis
Paraprofessionals
Miami
Fort Lauderdale
Miami
Miami
Miami
650
550
400
450
205
Herrera Law Firm
Solo
Herrera, Jose
Coral Gables
300
Holland & Knight
Partner
Rohrer, Sanford L.
Miami
505
Miami
McLean, Va.
Miami
Miami
Atlanta
Miami
Miami
370
475
435
450
455
545
405
Miami
Miami
Miami
345
145-325
50-160
James K. Green
Solo
Green, James K.
West Palm Beach
450
Jordan Bubliek
Solo
Bublick, Jordan E.
Paraprofessionals
Miami
Miami
325
125
Palm Beach Gardens
300
Firm
Of Counsel
Stern, David
Associates
250
460
415
410
425
235
74
500
500
400
40D
350
Gary William Parenti Finney Lewis McManus
Watson and Sperando
Partners
Stuart
1,000
Gary, Willie
Hoftler, Tricia
Stuart
500
McClellan, Madison'
Stuart
500
Parenti, Robert
Stuart
500
450
Stuart
Associates
Gamberg & Abrams
Partners
Abrams, Thomas
Gamberg, Jay
Associates
rates for individual partners, the range for associates
and the range for paraprofessionals. If a partner
offered more than one rate, or a range of rates, the
highest rate was used.
In their fee petitions to the courts, some law firms
disclose the range of hourly rates for all the attorneys in the firm. But other firms don't. For those
firms, the fisted range represents the highest and
lowest rate that could be found in court documents
for that firm. Therefore, rate ranges for some firms
may be incomplete.
In the charts, a single asterisk !`1 indicates attorneys who no longer work with the firm listed, according to our research. A double asterisk t"} indicates a
blended rate. In such cases, the firm asked the court
to award an averaged rate. ■
275
390
Furr and Cohen
Partners
Cohen, Charles
Farr, Robert C.
Goldstein, Alvin S.
Page 62 of 63
350
350
200-250
305
440
385
375
315
422
395
Hunton & Williams
Partners
Bast, Jeffery
Berk, Lon
Hernandez, A.M.'
Hoffmann, Stuart
Meting, R.J.'
Tolley, B. Cary. Ili
Zaron, Andrew
Of Counsel
Johnson, Christopher
Associates
Paraprofessional
Julianne Frank P.A.
Solo
Frank, Julianne
Katz Barron Squitero & Faust
Partners
Miami
Terzo, Frank
Miami
Blanco, Leyza
Fart Lauderdale
Trapani, Chris M.
Miami
Associates
Miami
Paraprofessionals
Miami
Law Clerk
Kelley & Fulton
Partners
Kelley, Craig I.
Fulton, Andrew IV
West Palm Beach
West Palm Beach
400
325
315
185-300
85-100
100
275
275
Location
Firm
Kirkpatrick & Lockhart Preston
Gates Ellis
Partner
Miami
Kucera, Jeffery
Miami
Associates
Miami
Paraprofessionals
Document 86-14
Hourly
rate $
375
160
135
Kluger Peretz Kaplan & Berlin
Partners
Boca Raton
Shrailberg, Bradley
Miami
Marks, Brett
Boca Raton
Louis, Jonathan
Miami
Calderin, Jacquiline
Charbonneau,Robert'
Miami
Miami
Seese, Michael D.
Miami
Associates
Boca
Miami
Paraprofessionals
350
325
325
295
450
450
250-330
200
110165
Koyzak Tropin & Throckmorton
Partners
Coral Gables
Buckner, David M.
Coral Gables
Koyzak, John W.
Coral Gables
Lopez-Castro, Corali
Coral Gables
Millian, David P.
Coral Gables
Ronzetti, Thomas A. Tucker
Coral Gables
Rosendorf, David L.
Coral Gables
Tropin, Harley S.
Coral Gables
Associates
Coral Gables
Paraprofessionals
400
500
375
400
4 75
350
600
235-285
100-150
Lasky Bigge & Rodriguez
Partner
Lasky, Susan
Paraprofessionals
Wilton Manors
Wilton Manors
Lewis B. Freeman & Partners
Partner
Miami
Freeman, Lewis B
Mark R. Manceri, P.A.
Solo
Manceri, Mark R.
Fort Lauderdale
300
100
275
Entered on FLSD
Docket 06/20/2008 Page 63 of 63
MONDAY, SEPTEMBER 24, 2007 • DAILY BUSINESS REVIEW • All
Location
Firm
Hourly
rate S
Markowitz Davis Ringel & Trusty
Partners
Miami
Markowitz, Jerry
Miami
Hartog, Ross
Associates
Miami
Miami
Paraprofessionals
Miller & Funcia
Partners
Funcia, Jose
Miller, Joshua
Rappaport & Rappaport
Partners
Rappaport, Kenneth
Rappaport, Jordan
Associates
Paraprofessionals
495
350
225-265
120
Scott Melnick & Saikin
Partner
Scott, Patrick S.
Associates
335
Shutts and Bowen
Partners
Shapriro, Peter
Morgan, C. Richard
Jones, Rod
Associates
Hourly
rate $
Fart Lauderdale
Miami
Orlando
Fort Lauderdale
NA
390
390
-355
230
240
Stearns Weaver Miller Weissier Aihadeff &
Sitterson
Miami
Partners
Miami
Redmond, Patricia
Miami
Unnamed partner
Miami
Associates
Miami
Paraprofessionals
390
475
390
225
185
Miami
Miami
275
275
Boca Raton
Boca Raton
Boca Raton
Boca Raton
425
300
250
100-175
Tabas Freedman Soloff & Miller
Partner
Miami
Tabas, Joel
Miami
Associates
Miami
Paraprofessionals
400
250.375
135-145
475
425
400
450
425
175-325
90-145
Tew Cardenas
Partners
Lehman, Thomas
Gollin, Lynn
Rubens, Robin J.
Tague, Brian
Associates
Paraprofessionals
Miami
Miami
Miami
Miami
Miami
Miami
460
375
360
435
200
85-145
Plantation
275
Rice Pugatch Robinson & Schiller
Partners
Rice, Arthur Halsey
Fort Lauderdale
Robinson, Kenneth
Fort Lauderdale
Schiller, Lisa
Fort Lauderdale
Fort Lauderdale
Pugatch, Chad P.
Fort Lauderdale
Robinson, Kenneth
Associates
Fort Lauderdale
Fort Lauderdale
Paraprofessionals
Ruden McClosky
Partners
Konski, Luis
Of Counsel
Harvey, Walter J.
Location
Firm
Miami
400
Miami
265
Fort Lauderdale
Sunrise
Fort Lauderdale
385
250
210
Tyler A. Gold
Solo
Gold, Tyler
Waldman Feluren Hildebrandt & Trigoboff
Weston
Firm
No longer with firm
+ Indicates the highest rate available
Source: Court filings
a
FOWLER WHITE
BOGGS BANKER
ATTOCNEYS AT LAW
Announces Our Newest Addition to Fort Lauderdale
We are pleased to announce that John Cacomanalis has joined the
firm's Ft. Lauderdale office os an associate. He practices in the firm's
Business Transactions and Corporate Law Practice Group. He has
extensive experience in all facets of the corporate and transactional
practice, including advising both private and public companies on
mergers and acquisitions, joint ventures, debt and equity financings
and corporate governance.
Prior to joining Fowler While Boggs Banker, Mr. Cacomanolis was
the Assistant General Counsel for Global Signal Inc. in Sarasota,
Florida. He received his B.A. in Criminology from Florida State
University and his J.D. from New York University School of Law.
For more information, iaeose cooed
JOHN G. CACOMANous
(954) 703-3980
Serious leverage
at depositions
With only a small percentage of cases actually going to trial, the reel
battleg round for most litigation is the deposition roam. tiveNcae's Thirst
transcript and evidence management tools give you an edge by tied:no you
easily pinpoint crucial testimony that will iniluence settseme-;ts.
Add Liveable' Realtime to your arsenal and cat,e poi di t
advantage_ Because whether you're accessing the live 7
across the Mae or your whole team is amassing ii from ria s : ^ the live feed will intimidate your opponent and strengthen your
during the deposition.
;_,
.
For more information, call 1-804762 . 5272 or hi iivenote.com-
john.cacomonolis@fowlerwhite.com
MLR( ENOTE
www.fowlerwhite.com
TAMPA • ST PETERSBURG • FORT MYERS • TALLAHASSEE
ORLANDO • NAPLES • JACKSONVILLE • FORT LAUDERDALE
THCTMSOra
WEST
230

Continuation of Exhibits to Declaration of Craig Siegel - Exs H-Q

Transcription

Similar documents

http://www.eo.ucar.edu/webweather/index.html

Everglades National Park

Emergency Radiology Symposium - Continuing Medical Education

RideDCC.com - Dolphins Cancer Challenge

It`s the that makes the difference

Memberships from Coast to Coast and Everywhere In Between

July 1, 2014 – June 30, 2015 Annual Report

SCENE IN THE TROPICS

Delaware and Miami Indian Presentation

EnvisionEd by LEnny KRAviTZ for KrAVITZ DESIGN INc