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Agapito v. District of Columbia

November 30, 2007

HASHIMA AGAPITO, ET AL., PLAINTIFFS,
v.
DISTRICT OF COLUMBIA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Rosemary M. Collyer United States District Judge

MEMORANDUM OPINION

The question before the Court is whether attorneys who appear in administrative hearings under the Individuals with Disabilities Education Improvement Act of 2004 ("IDEIA"), 20 U.S.C. § 1400 et seq., should be compensated according to the Laffey Matrix*fn1 or the attorney fee guideline rates adopted by the District of Columbia Public Schools ("DCPS"). Persuaded by the Attorney General of the District of Columbia, the Court finds that the DCPS rates are applicable and appropriate in this case and will award attorneys' fees accordingly.

I. BACKGROUND

This case began as a claim for attorneys' fees by lawyers associated with the firm of James E. Brown & Associates PLLC. In a memorandum opinion issued on March 7, 2007, this Court held that lawyers not licensed to practice in D.C. cannot collect attorneys' fees under the IDEIA. See Mem. Op. [Dkt. #23]. On this basis, the fee applications for Domiento Hill, Brenda McAllister, and Christopher West were denied; the Court ordered attorneys Miguel Hull and Marshall Lammers to submit evidence adequate to meet their burden to establish the reasonableness of their rates. See id. at 18-23. When they did so, the Court issued a memorandum opinion and order to show cause to DCPS why the District should not pay the fees set out in that opinion for Messrs. Hull and Lammers and Ms. Busso, which followed the Laffey Matrix. See March 23, 2007 Mem. Op. & Order [Dkt. #25]. DCPS responded on April 5, 2007, urging the Court to adopt its guideline rates. See Defs.' Response to Court's Mem. Op. & Order to Show Cause ("Defs.' Response") [Dkt. #26]. There has been no reply from the attorneys at the Brown firm.

II. ANALYSIS

The Laffey Matrix was developed by the United States Attorney's Office for the District of Columbia to track prevailing attorneys' hourly rates for complex federal litigation. It "creates one axis for a lawyer's years of experience in complicated federal litigation and a second [axis] for rates of compensation." Griffin v. Wash. Convention Ctr., 172 F. Supp. 2d 193, 197 (D.D.C. 2001). The District emphasizes that the Laffey Matrix involves "the prevailing market rates for complex federal litigation in the District of Columbia." Covington v. Dist. of Columbia, 57 F.3d 1101, 1103 (D.C. Cir. 1995). Attorneys "have to state their federal court experience in order to get Laffey rates." Id. at 1108 n.17. The District contrasts these standards with the much less formal and much less complex IDEIA litigation at issue here.

There are nine administrative proceedings for which fees are being sought. Only four involved a presentation to a hearing officer, as the parties reached settlement agreements on the others. Preparation for a due process hearing requires (1) the filing of a hearing request form; (2) participation in a resolution/mediation session prior to the hearing; (3) submission of all documents and witnesses to be introduced at the hearing; and (4) representation of the student and parent at the hearing itself, which involves putting on witnesses, cross-examining witnesses, and introducing evidence. See Defs.' Response, Ex.. 2, Decl. of Quinne Lindsey-Harris ("Lindsey-Harris Decl.") ¶¶ 6-9. Legal argument may also be made. Id. While an IDEIA case may be more complicated, the invoices and Hearing Officer Decisions (HODs) in the record show that these particular matters were not. There were no pre-hearing interrogatories or discovery, no production of documents or depositions, no psychiatrists or psychologists testifying about learning disabilities, no briefings of intricate statutory or constitutional issues, no pre-trial briefings, no lengthy hearings, no protracted arguments, and few, if any, motions filed. Cf. Covington, 57 F.3d at 1106 (noting the statement by the district court that "[p]laintiffs' counsel handled very well this complicated federal case, which involved the constitutional claims of ten plaintiffs against sixteen defendants, lengthy discovery, many motions and a jury trial").

The billing records here demonstrate the nature of the work performed. A variety of items show similar work performed by legal assistants, non-attorney advocates and attorneys, with billing by a legal assistant at $105 per hour, by a non-attorney advocate at $175 per hour, and $350 per hour by Attorney Lammers for the same kind of tasks. See Compl., Exs. 3, 11, 21, 32, 36, 41 & 42. For example, D.B.'s invoice shows that Mr. Lammers billed $350 per hour to call a parent about a signature on an Individual Education Plan ("IEP") while a legal assistant called the parent in R.O.'s invoice for a non-legal matter and billed at the rate of $105 per hour. Compare Compl., Ex. 2, p.3 with Compl., Ex. 32. Similar comparisons abound.

Veleter M.B. Mazyck, former General Counsel of DCPS, distributed the "DCPS Guidelines for the Payment of Attorney Fees in IDEA Matters" to the special education bar by memo dated February 1, 2005. See Defs.' Response, Ex. 4. It was updated on October 1, 2006, and may have been updated since. Id. Quinne Lindsey-Harris, Acting Supervisory Attorney Advisor in the Office of the General Counsel, oversees attorneys representing DCPS in IDEIA hearings. See Defs.' Response, Ex. 2, Lindsey-Harris Decl. ¶¶ 2-3. Ms. Lindsey-Harris also provides the final legal review of attorney fee invoices submitted to DCPS. Id. ¶ 10. She has noted the following patterns over the past year:

Attorneys possessing 10 to 20 years of experience, [sic] invoice their rate within the range of $200.00 to $295.00. . . .

Attorneys possessing 20 years or more in experience invoice their rate within the range of $300.00 to $350.00 per hour. Therefore, DCPS has determined that any billing rate of over $350.00 per hour irrespective of the length of experience is excessive and unreasonable, and not consistent with the prevailing market rate in the D.C. community, given that the administrative hearings are not complicated.

Id. ¶¶ 14-15. The DCPS guidelines set hourly rates for lawyers in the District of Columbia who handle IDEIA matters as follows:

a. Lawyers admitted to the bar for less than five ...


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