ML20053E684

Affidavit of Rl Graham Re Reasonable & Customary Charges of Attys

ML20053E684
Person / Time
Site:	Bailly
Issue date:	06/03/1982
From:	Graham R BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES
To:
Shared Package
ML20053E681	List: ML20053E680 ML20053E682 ML20053E683 ML20053E684 ML20053E685
References
NUDOCS 8206090148
Download: ML20053E684 (6)

Text

.

AFFIDAVIT OF ROBERT L. GRAHAM rn IN SUPPORT OF PETITION FOR ATTORNEYS' FEES

'O 'O ?3 Robert L. Graham, being duly sworn on oath, states:

1. I am an attorney duly authorized to practice .

law in the State of Illinois, the State of California, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the District of Columbia, and the United States Supreme Court.

2. For many years a substantial portion of my law practice has involved representation of both plaintiffs and defendants in complex actions in federal courts and before federal agencies, in which, by statute or otherwise, provision is made for the payment of attorneys' fees to counsel for pre-valling plaintiffs. These cases have involved, inter a_lia, antitrust cases, securities cases, civil rights cases, agency licensing proceedings, and class actions of other kinds.

3. As a result of the foregoing, I have had occa-sion to become familiar with the customary hourly rates charged by attorneys in the City of Chicago for their ser-vices in all types of litigation, including administrative agency and related proceedings. In order to update my know-e ledge in this regard for the specific purpose of preparing r

this affidavit, I have examined the current hourly schedule B206090148 B20604 gDRADOCK 05000367 PDR 7

f T

of charges in use by the Chicago law firm of Jenn3r & Block, where I am a partner. I have also familiarized myself with the background, experience, skill and reputation of Robert J. Vollen and Jane M. Whicher, counsel for BPI and the other groups and organizations commonly referred to as Porter County Chapter Intervenors in these proceedings.

4. Based upon my knowledge of the reasonable and customary charges in effect among lawynrs in the City of Chicago of like experience, r, Rill and reputation in litiga-tion, including proceedings before administrative agencies, it is my opinion that the reasonable and appropriate hourly rate for the services of plaintiffs' attorneys in khis case is as follows:

Robert J. Vollen -

S145/per hour Jane M. Whicher -

S85/per hour

5. The charges set forth above are for services of lawyers of the skill, experience and reputation of Mr.

Vollen and Ms. Whicher in matters in which fees are charged to and paid by clients on an ongoing basis, without regard to tue outcome of the litigation. In litigation such as that involved in this case, it is the prevailing practice in the federal courts to award fees to the prevailing attorneys by applying a multiplier to the above fee schedule, in order to r

take into account and compensate the attorneys for the signi-ficance of their contributions to the litigation. The amount

of that multiplier is determined, among other things, by the

^

I.

/ 1

,..T efficiency with which the litigation was conducted, the diffi-culty of the litigation, the particular skill and innovation brought to the litigation by the attorneys involved, and bene-fits conferred, whether monetary or otherwise.

\bY Robert L. Granam SUBSCRIBED AND SWOI}N to before me this 3, day of June, 1982.

ii -

J isacjua:x n1 . + 1 a ,t Notary Public 4

t

?

AFFIDAVIT OF ROBERT L. GRAHAM -N ,

-q IN SUPPORT OF PETITION FOR ATTORNEYS' FEES

Dj d8 Robert L. Graham, being duly sworn on oath, states

1. I am an attorney duly authorized to practice law in the State of Illinois, the State of California, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the District of Columbia, and the United States Supreme Court.

2. For many years a substantial portion of my law practice has involved representation of both plaintiffs and defendants in complex actions in federal courts and before federal agencies, in which, by statute or otherwise, provision is made for the payment of attorneys' fees to counsel for pre-vailing plaintiffs. These cases have involved, inter alia, antitrust cases, securities cases, civil rights cases, agency licensing proceedings, and class actions of other kinds.

3. As a result of the foregoing, I have had occa-sion to become familiar with the customary hourly rates charged by attorneys in the City of Chicago for their ser-vices in all types of litigation, including administrative t

agency and related proceedings. In order to update my know-ledge in this regard for the specific purpose of preparing this affidavit, I have examined the current hourly schedule i

l 4 - - ---e.- - - - - , , - - -n , - - .mw - ,e , -m, . - - - - - . , - - , -+-yx , - - - -

)

of charges in use by the Chicago law firm of Jenner & Block, where I am a partner. I have also familiarized myself with the background, experience, skill and reputation of Robert J. Vollen and Jane M. Whicher, counsel for BPI and the other groups and organizations commonly referred to as Porter County Chapter Intervenors in these proceedings.

4. Based upon my knowledge of the reasonable and customary charges in effect among lawyers in the City of Chicago of like experience, skill and reputation in litiga-tion, including proceedings before administrative agencies, it is my opinion that the reasonable and appropriate hourly rate for the services of plaintiffs' attorneys in this case is as follows:

Robert J. Vollen -

$145/per hour i

Jane M. Whicher -

S85/per hour

5. The charges set forth above are for services of lawyers of the skill, experience and reputation of Mr.

Vollen and Ms. Whicher in matters in which fees are charged to and paid by clients on an ongoing basis, without regard to the outcome of the litigation. In litigation such as that involved in this case, it is the prevailing practice in the federal courts to award fees to the prevailing attorneys by applying a multiplier to the above fee schedule, in order to take into account and compensate the attorneys for the signi-ficance of their contributions to the litigation. The amount of that multiplier is determined, among other things, by the

)

l

[ v

[.'

[

\

efficiency with which the litigation was conducted, the diffi-culty of the litigation, the particular skill and innovation brought to the litigation by the attorneys involved, and bene-fits conferred, whether mo.netary or otherwise.

Robert L. Graham SUBSCRIBED AND SWOPi to before me this 4 day or June, 1982.

k MfM4Ll'71 .% (1C/L Notary Public

,f l

1