Skip to main content

U.S. Supreme Court to Hear Paralegal Fees Case

By March 11, 2008Billing

Paralegal fees are once again up for discussion in the U.S. Supreme Court with the Court’s Nov. 12 decision to hear the Richlin v. Chertoff case.  This is an important case for law firms and paralegals in promoting the further utilization of paralegals.

The issue before the Supreme Court in the Richlin case is pretty straightforward:  Under the Equal Access to Justice Act, can a prevailing party be awarded fees for paralegal services at the market rate for such services or should such reimbursement be limited to the actual cost incurred by the attorney?

After prevailing on the merits, Richlin sought an award of attorneys fees and other expenses under the EAJA for time spent over nearly nine years by its lawyers and paralegals. The Board found that the government’s position on the merits was not "substantially justified" and awarded Richlin about $50,000 for work done by its lawyers.

The Board did not, however, award Richlin fees at the $50 to $95 per hour market rates for paralegals charged to Richlin over the course of the proceedings.  The Board searched the Internet for paralegal salary information and decided to award Richlin $35 per hour as a reasonable cost to the law firm awarding approximately $10,600 for about 300 hours of compensable paralegal time.

This practice discourages law firms from utilizing paralegals thus additionally hampering clients to receive lower cost legal fees.  What law firm wants to take a loss in profits? What incentive does the law firm have in utilizing paralegals if it cannot push this profit center towards profit? For those Negative Nancys who claim that the increased use of paralegals might result in the less efficient performance of legal services, remember: the attorney is ultimately responsible for the performance of the paralegal.  Therfore, there is no incentive to delegate work to a paralegal that is beyond the paralegal’s capability or to the extent that it would be inefficient.

Oral arguments in Richlin are set fro March 19th with a decision expected by the end of June.

Close Menu
Estrin Legal Staffing
Estrin Legal Staffing
42 Google reviews
Linda Gutierrez
Linda Gutierrez
April 20, 2022.
I had the pleasure of working with Madeline and Brett they were quick to respond and get me situated with an amazing opportunity.
Brittany Toth
Brittany Toth
March 31, 2022.
I really enjoy working with this company. I’ve been working directly with Brett and he’s awesome. Super responsive and works hard to find something for you. He also doesn’t give up on you so if something ends up not working out he’ll get right back to trying to find you something. I’ve really felt supported every step of the way and recommend Estrin Legal Staffing 100%.
Audrey P.
Audrey P.
March 30, 2022.
My last two hires (different positions) were from Estrin! I am thrilled to work with them!
Rana Hill
Rana Hill
March 21, 2022.
I can't say enough good things about this staffing company, and in particular Madeline Weissman. She was more thorough and organized than any other recruiter I have worked with in the past. She spelled out everything to be successful during the interview process to make it super easy to be a successful candidate. Do not hesitate to reach out to them (specifically to Madeline!) or to apply for any openings Estrin posts. Thank you Madeline for being so on top of everything!!
Laurie Gondreau
Laurie Gondreau
March 19, 2022.
Madeline Weissman was an excellent recruiter for me and worked diligently, quickly and effectively to hook me up with a great law firm. I'm overjoyed to have found her and grateful for the hard work and help she provided to me.
Anush M.
Anush M.
March 18, 2022.
Estrin Legal Staffing is the best in the business - they are professional, provide necessary guidance, encouragement and invaluable advice. Their candidate and employer match up is top notch and delivers successful results. Maggie was a pleasure to work with - amazing personality, super responsive and diligent.
Esmeralda Weinstein
Esmeralda Weinstein
March 8, 2022.
I worked with Madeline and she was amazing! She’s about business and I love that. She helped me get an interview where I wanted to work for. She is fast at responding and let’s you know every update she has on her end until we know if we got the position or not. Thank you so much!!
Selene Vega
Selene Vega
March 7, 2022.
Maddie is awesome! She is so supportive and professional. I am so HAPPY to be working with her. I know I am in good hands with Maddie on my side. I cannot stress enough how thankful I am for her and Estrin Legal Staffing.
Ashley Williams
Ashley Williams
March 7, 2022.
Stacey is the absolute best! She is very diligent and hardworking & strives for the best results & I appreciate everything she’s done to help me in my career! 🤎🤎