4. Reasonableness of Requested Compensation
Complainants request compensation in the amount of $37,154.10 as follows:
Attorneys' Fees
Detisch & Christensen (325.65 hours at $97.88/hour) = $31,876.11
Dershowitz & Eiger (9.25 hours at $375/hour) = $ 3,000.00
Total Attorney Fees = $34,876.11
Additional Costs
Trial Exhibits = $ 406.79
Postage & UPS = $ 810.48
Fax & Phone = $ 21.92
Photocopies = $ 338.80
Transcripts = $ 700.00
Total Costs = $ 2,277.99
Total Compensation Requested = $37,154.10
4.1 Hours Claimed
Complainants documented the claimed hours by presenting a daily breakdown of time expended by attorneys in the two law firms employed. Detailed information is provided regarding the tasks that were performed and the amount of time expended on each task. The hourly breakdown also indicates the attorney who performed each task and whether the attorney was a law firm partner or an associate attorney.
We have reviewed the bill of the law firm of Detisch & Christensen, for a total of 325.65 hours. We note that the number of hours claimed is high for a normal complaint case. However, the record indicates that this was a hotly contested proceeding. The proceeding spanned several years, during which time Complainants' attorneys were called upon to regularly engage in tasks related to the case. These tasks included attendance at a PHC, preparation of testimony, filing of a motion to exclude evidence, attendance at hearings, briefing, and a response to an appeal of the presiding officer's decision. In light of the voluminous record and the tasks performed, we find that the hours billed are reasonable and fully compensable.
We have reviewed the itemized bill of the law firm of Dershowitz & Eiger, for a total of 9.25 hours. We find that it is not reasonable to reimburse Complainants for any of these hours. It appears that this law firm was retained between the period of August 23, 1999 and September 16, 1999 to review the same documents that the law firm of Detisch & Christensen was reviewing and drafting at this time. Complainants have provided no justification for the necessity of having two law firms engaged in the review and preparation of the same materials. No filings were made by the law firm of Dershowitz & Eiger . We deny the request for compensation for the attorney fees billed by the second law firm, in the amount of $3,000.00.
4.2 Hourly Rates
The hourly rate for work by both partners and associates at the law firm of Detisch & Christensen is billed at $97.88. Complainants indicate that this is a discounted rate. We find this hourly rate to be reasonable and adopt it for the work of attorneys from this law firm. We note that a substantial amount of time was spent by partners from that law firm and that attorneys at the partner level generally demand fees greatly in excess of the amount requested. The rate sought in this proceeding is modestly higher than the $85.00 per hour rate that we have granted to attorneys who passed the bar in 1997 for work performed in 1997 and 1998. (See, for example, D.00-04-003).
We do not consider the reasonableness of the hourly rate claimed for attorneys at the law firm of Dershowitz & Eiger because we have concluded that the time expended by them duplicates the efforts of the law firm of Detisch & Christensen and is therefore not compensable.
4.3 Other Costs
Complainants seek an award for itemized additional costs in the amount of $2,277.99. The costs include postage and UPS, fax and telephone, trial exhibits, photocopying expenses, and transcripts. We find that Complainants have adequately itemized and explained these costs and that the costs are reasonable. We find it reasonable to grant Complainants' request for the recovery of these costs from the ATF.
