Accordingly, the lodestar award is $ 15,345.00.
C. Lodestar Adjustments
Adjustments to the lodestar are based primarily on the contingent nature of the fee and the quality of representation. Copeland, supra at 892-93. A quality adjustment to the lodestar is proper "only when the representation is unusually good or bad, taking into account the level of skill normally expected of an attorney commanding the hourly rate used to compute the "lodestar." Copeland, supra at 893 (emphasis in original). The quality of representation in this case was good, but not unusually so. Therefore no adjustment for quality is required in this case.
Evaluating the contingent nature of success, the Court must assess the probability or likelihood of success viewed at the time of filing. Copeland, supra at 893; Lindy Bros. Builders v. American Radiator and Standard Sanitary Corp., 540 F.2d 102, 117 (3d Cir. 1978). In the instant case, some of the legal issues were complex and novel and the time to brief them was short. In addition, the payment of any fee depended on the success of the litigation. While these facts weigh in favor of a large contingency award, other considerations indicate a lesser award. A lodestar award of $ 15,000 well compensates the attorneys for their efforts, including the extra time and skill it took to brief the more difficult issues. See Veterans Education Project v. Secretary of the Air Force, 515 F. Supp. 993 at 996 (D.D.C.1981). Furthermore, the Court paid Mr. Minch at the hourly rate of $ 75 despite the fact that he had only been practicing for two and one-half years. Snead v. Harris, 33 Fair Empl. Prac. Cas. (BNA) 397, CA77-2191 (D.D.C. January 30, 1981) ($ 80 per hour awarded to able, experienced attorney). The Court decided that $ 75 per hour was proper in this case in part because of the risk involved in the litigation. To the extent "that an hourly rate underlying the "lodestar' fee itself comprehends an allowance for the contingent nature of the availability of fees ... no further adjustment duplicating that allowance will be made." Copeland, supra at 893. Accordingly, upon consideration of the contingent nature of the case and the other Johnson factors, the Court increases the lodestar by 10%. The final fee award therefore is $ 16,880.
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