Attorney Fee Factors: Johnson Factors

[David A. Szwak]

Rockwell v. Talbott, Adams & Moore, Inc.
Slip Copy, 2006 WL 436041
D.Neb.,2006.
Feb 21, 2006

The Supreme Court established in Hensley v. Eckerhart, that the award in fee-shifting cases is based upon the "lodestar" method. 461 U.S. 424, 433 (1983). The lodestar method calculates the number of hours reasonably expended and multiplies that by the applicable hourly market rate for the relevant legal services. Id. The reasonable rate is determined by reference to the marketplace. Missouri v. Jenkins, 491 U.S. 274, 285 (1989) ("[W]e have consistently looked to the marketplace as our guide to what is 'reasonable." ')

Many courts continue to be guided by the so-called "Johnson factors," but the Court has previously concluded that "Hensley makes clear that these factors matter only as they bear on the market rate or hours reasonably expended, or, in rare cases, if they are a basis for adjusting the lodestar." El-Tabech v. Gunter, 869 F.Supp. 1446, 1456 n. 6 (D.Neb.1994). Those factors are: (1) time and labor required; (2) novelty and difficulty of issues; (3) skill required; (4) loss of other employment; (5) customary fee; (6) whether fee is fixed or contingent; (7) time limitations imposed by client or circumstances; (8) amount involved and results obtained; (9) counsel's experience, reputation, and ability; (10) undesirability of case; (11) nature and length of relationship with clients; and (12) awards in similar cases. Johnson v. Georgia Highway Express, 488 F.2d 714, 717 (5th Cir.1974) overruled on other grounds, Blanchard v. Bergeron, 489 U.S. 87 (1989).