blum stenson argued january decided march respondent represented attorneys legal aid society new york private nonprofit law office filed civil rights action federal district behalf statewide class medicaid recipients complaint challenged certain procedures utilized termination medicaid benefits district certified class entered summary judgment appeals affirmed respondent filed district request award attorney fees civil rights attorney fees awards act provides federal civil rights actions discretion may allow prevailing party reasonable attorney fee part costs total requested fee amounted consisting based hours work rates varying per hour plus bonus compensate complexity case novelty issues great benefit achieved district awarded full amount requested holding hours expended rates charged view prevailing market rates reasonable bonus proper quality representation complexity issues riskiness success great benefit large class achieved appeals affirmed held statute legislative history establish reasonable fees calculated according prevailing market rates relevant community according cost providing legal services regardless whether prevailing party represented private profitmaking attorneys nonprofit legal aid organizations policy arguments favor standard addressed congress rather pp district abused discretion awarding upward adjustment fee case pp merit argument upward adjustment reasonable fee calculated multiplying reasonable number hours expended times reasonable hourly fee never permissible statute legislative history establish product reasonable hours times reasonable rate normally provides reasonable attorney fee cases exceptional success enhanced award may justified hensley eckerhart pp however respondent failed carry burden proving upward adjustment necessary determination reasonable fee case record contains evidence supporting district conclusions upward adjustment proper complexity litigation novelty issues high quality representation great benefit class factors generally reflected reasonableness number billable hours hourly rates moreover record justify district upward adjustment basis riskiness law suit respondent established hourly rates hours billed reasonable pp powell delivered opinion unanimous brennan filed concurring opinion marshall joined post melvyn leventhal deputy first assistant attorney general new york argued cause petitioner briefs robert abrams attorney general dennis allee first assistant attorney general peter schiff george zuckerman deputy solicitor general marion buchbinder frederick mehlman assistant attorneys general leon silverman argued cause respondent brief kalman finkel arthur fried john kirklin linda blumkin briefs amici curiae urging reversal filed solicitor general lee assistant attorney general mcgrath deputy solicitor general geller deputy assistant attorney general kuhl joshua schwartz william kanter mark pennak state alabama et al kenneth eikenberry attorney general washington thomas carr senior assistant attorney general joined attorneys general respective follows charles graddick alabama norman gorsuch alaska robert corbin arizona duane woodard colorado joseph lieberman connecticut jim smith florida michael bowers georgia tany hong hawaii jim jones idaho neil hartigan illinois linley pearson indiana thomas miller iowa robert stephan kansas william guste louisiana stephen sachs maryland frank kelley michigan hubert humphrey iii minnesota john ashcroft missouri michael greely montana paul douglas nebraska brian mckay nevada gregory smith new hampshire irwin kimmelman new jersey rufus edmisten north carolina robert wefald north dakota anthony celebrezze ohio michael turpen oklahoma david frohnmayer oregon leroy zimmerman pennsylvania dennis roberts ii rhode island mark meierhenry south dakota william leech tennessee david wilkinson utah john easton vermont gerald baliles virginia chauncey browning west virginia bronson la follette wisconsin archie mcclintock wyoming commonwealth massachusetts francis bellotti attorney general thomas kiley first assistant attorney general judith yogman carl valvo assistant attorneys general briefs amici curiae urging affirmance filed alliance justice laura macklin california coalition welfare rights organizations mary burdick richard rothschild naacp legal defense educational fund et al jack greenberg james nabrit iii charles stephen ralston steven winter fred fishman robert kapp norman redlich william robinson norman chachkin richard larson burt neuborne kenneth kimerling joaquin avila morris baller national education association et al michael gottesman robert weinberg julia penny clark robert chanin lawrence poltrock new york state bar association et al haliburton fales ii oliver hill et al armand derfner stephen berzon justice powell delivered opinion title supp provides federal civil rights actions discretion may allow prevailing party reasonable attorney fee part costs initial estimate reasonable attorney fee properly calculated multiplying number hours reasonably expended litigation times reasonable hourly rate hensley eckerhart adjustments fee may made necessary particular case two issues case whether congress intended fee awards nonprofit legal service organizations calculated according cost prevailing market rates whether circumstances upward adjustment award based prevailing market rates appropriate suit brought respondent behalf statewide class medicaid recipients pursuant district southern district new york new york law one eligible receive benefits supplemental security income ssi program et seq ed supp automatically eligible receive medicaid benefits soc serv law et seq mckinney prior suit persons qualified medicaid fashion automatically lost benefits thereafter became ineligible ssi payments case decided summary judgment one set plaintiff interrogatories served answered motions district certified class rendered final judgment favor class enjoined prior practice automatic termination benefits prescribed procedural rights certified class included ex parte determination continued eligibility medicaid independent eligibility ssi timely adequate notice termination opportunity hearing stenson blum supp appeals second circuit affirmed unpublished oral opinion bench affirmance order stenson blum cert denied respondent subsequent request award reasonable attorney fees subject present case throughout litigation respondent represented attorneys legal aid society new york private nonprofit law office november respondent filed request attorney fees period december end litigation three attorneys sought payment hours work rates varying per hour amounted approximately respondent total fee request however reflected increase fee brief district respondent explained increase necessary compensate complexity case novelty issues great benefit achieved total requested fee amounted approximately petitioner opposed fee award grounds rates exorbitant number hours charged unreasonable duplicative bonus improper petitioner submitted evidence support claim hours rates charged respondent unreasonable instead petitioner rested claim hours duplicative excessive rates exorbitant arguments contained brief district discretion petitioner requested evidentiary hearing issue reasonable billable hours district found discussion brief justify reductions number hours charged finally petitioner argued bonus requested respondent improper paid public district held hours expended rates charged reasonable also held fee calculated multiplying number hours times hourly rates increased requested quality representation complexity issues riskiness success great benefit large class achieved supp district awarded plaintiff class requested fee appeals affirmed unpublished opinion affirmance order granted certiorari consider whether proper district use prevailing market rates awarding attorney fees nonprofit legal services organizations whether district abused discretion increasing fee award based market rates ii petitioner argues use prevailing market rates calculate attorney fees leads exorbitant fee awards provides windfalls civil rights counsel contrary express intent congress avoid result petitioner urges require fee awards calculated according cost providing legal services rather according prevailing market rate solicitor general amicus curiae urges adopt standard fee awards made nonprofit legal aid organizations argues market rates reflect level compensation necessary attract attorneys rates provide excessive fees nonprofit counsel market rates incorporate operating expenses may exceed expenses nonprofit legal services organizations include element profit unnecessary attract nonprofit counsel solicitor general argues fee awards based market rates confer unjustified windfall subsidy upon legal services organizations brief amicus curiae resolution two arguments begins ends interpretation attorney fee statute civil rights attorney fees awards act stat supp authorizes district courts award reasonable attorney fee prevailing civil rights litigants enacting statute congress directed attorney fees calculated according standards currently use statutes intended amount fees awarded governed standards prevail types equally complex federal litigation antitrust cases reduced rights involved may nonpecuniary nature appropriate standards see johnson georgia highway express cir correctly applied cases stanford daily zurcher cal davis county los angeles cal swann board education cases resulted fees adequate attract competent counsel produce windfalls attorneys also clear legislative history congress intend calculation fee awards vary depending whether plaintiff represented private counsel nonprofit legal services organization citations stanford daily zurcher nd cal davis county los angeles epd cd cal make explicit stanford daily held must avoid decreasing reasonable fees attorneys conducted litigation act pro bono publico effort securing large monetary return davis held determining amount fees awarded legally relevant plaintiffs counsel employed privately funded public interest law firm interest public law firms awarded reasonable attorney fees computed traditional manner counsel perform legal services otherwise entitling award attorneys fees epd statute legislative history establish reasonable fees calculated according prevailing market rates relevant community regardless whether plaintiff represented private counsel policy arguments advanced favor standard addressed congress rather iii address second question presented whether upward adjustment fee petitioner argues abuse discretion district petitioner makes two separate related arguments first asserts reasonable attorney fee calculated multiplying reasonable number hours expended times reasonable hourly rate upward adjustment fee improper alternative argues upward adjustment case constitutes clear abuse discretion resolution question federal law turns statute intention congress look first statutory language legislative history statutory language unclear actions enforce federal civil rights authorizes discretion allow prevailing party reasonable attorney fee part costs legislative history explains reasonable attorney fee one adequate attract competent counsel produce windfalls attorneys noted senate report identified four cases calculated correctly reasonable attorney fee hensley eckerhart reviewed cases cited legislative history concluded product reasonable hours times reasonable rate normally provides reasonable attorney fee within meaning statute hensley also recognized cases exceptional success enhanced award may justified view recognition enhanced award may justified cases exceptional success agree petitioner argument upward adjustment never permissible statute requires reasonable fee may circumstances basic standard reasonable rates multiplied reasonably expended hours results fee either unreasonably low unreasonably high however applicant fee carried burden showing claimed rate number hours reasonable resulting product presumed reasonable fee contemplated issue remaining appropriateness upward adjustment fee award case burden proving adjustment necessary determination reasonable fee fee applicant record us contains evidence supporting upward adjustment fees calculated basic standard reasonable rates times reasonable hours affidavits respondent attorneys claim even mention entitlement bonus upward revision respondent brief district merely conclusory fashion upward adjustment fee necessary issues novel litigation complex results significance large class people district without elaboration accepted conclusory reasons approving upward adjustment supplied additional reasons awarding increase referred complexity litigation novelty issues high quality representation great benefit class riskiness lawsuit appeals affirming shed light thought substantial upward adjustment appropriate single sentence simply repeated unsupported conclusions district reasons offered district support upward adjustment withstand examination novelty complexity issues presumably fully reflected number billable hours recorded counsel thus warrant upward adjustment fee based number billable hours times reasonable hourly rates may cases course experience special skill attorney require expenditure fewer hours counsel normally expected spend particularly novel complex issue cases special skill experience counsel reflected reasonableness hourly rates neither complexity novelty issues therefore appropriate factor determining whether increase basic fee award district tried case best position conclude quality representation high view reputation legal aid society staff doubt true quality representation however generally reflected reasonable hourly rate therefore may justify upward adjustment rare case fee applicant offers specific evidence show quality service rendered superior one reasonably expect light hourly rates charged success exceptional see hensley respondent offered evidence case record district rationale providing upward adjustment quality representation clear example double counting justifying high hourly rates used calculate fee award district explained rates requested consonant fee awards cases similar complexity difficulty hey fair view attorneys experience expertise quality work performed counsel throughout case high view considerations find requested rates per hour per hour excessive respondent failed show hourly rates failed provide reasonable fee quality representation provided candidly concedes fees awarded attorneys may upper end market awards brief respondent absent specific evidence contrary say rates per hour per hour three attorneys fully reflect quality representation upward adjustment also based part district determination ultimate outcome litigation great benefit large class needy people explain however exactly determination affected fee award results obtained one factors identified johnson georgia highway express relevant calculation reasonable attorney fee particularly crucial plaintiff deemed prevailing even though succeeded claims relief hensley supra fee award must reduced number hours spent unsuccessful claims acknowledgment results obtained generally subsumed within factors used calculate reasonable fee normally provide independent basis increasing fee award neither district opinion respondent briefs identified record evidence shows benefit achieved requires upward adjustment fee finally district included among reasons upward adjustment statement issues presented novel undertaking therefore risky absent claim affidavits briefs submitted support respondent fee request seeking adjustment sure prompted statement nowhere affidavits submitted support respondent fee request brief district respondent identify risks associated litigation claim risk nonpayment required upward adjustment provide reasonable fee record therefore upward adjustment contingent nature litigation unjustified sum reiterate said hensley plaintiff obtained excellent results attorney recover fully compensatory fee normally encompass hours reasonably expended litigation indeed cases exceptional success enhanced award may justified therefore reject petitioner argument upward adjustment attorney fee never appropriate record us however respondent established hourly rates ranging per hour per hour full hours billed reasonable resulted charge respondent introduced evidence enhancement necessary provide fair reasonable compensation therefore failed carry burden justifying entitlement upward adjustment record conclude fee fully compensatory accordingly judgment reversed insofar fee award increased sum otherwise affirmed ordered footnotes certified class consisted new york state residents received medicaid due eligibility ssi whose medicaid benefits terminated subsequent ineligibility ssi without received one following ex parte determination continued eligibility medicaid independent eligibility ssi timely adequate notice termination opportunity hearing stenson blum supp legal aid society based new york city private nonprofit law office dedicated since providing legal representation persons afford lawyer may well oldest formally organized legal aid society enjoys wide reputation devotion staff quality service told budget civil division funded nongovernmental contributors see legal aid society annual report ann moynihan billed hours minutes per hour supp graduated law school outset litigation years experience practicing attorney app paula galowitz billed hours minutes per hour graduated law school served law clerk state judge first year graduation years experience practicing attorney legal aid society outset litigation app arthur fried billed hours minutes per hour parties agree hours noted district table typographical error graduated law school served law clerk district judge first two years thereafter years experience practicing attorney legal aid society outset litigation app petitioner renew argument hourly rates claimed respondent counsel line prevailing market rate private counsel comparable experience skill reputation petitioner claims hourly rates fee awards based cost rather prevailing market rates see brief petitioner decline consider petitioner argument hours charged respondent counsel unreasonable noted petitioner failed submit district evidence challenging accuracy reasonableness hours charged see hensley eckerhart facts asserted affidavits submitted respondent counsel therefore waived right evidentiary hearing district see city detroit grinnell facts disputed evidentiary hearing required district determines proper attorney fee award view trial strategy chose petitioner waived right challenge district determination number hours billed reasonable cases similar complexity petitioner specifically proposes fees based cost providing legal services plus appropriate margin profit brief petitioner section provides relevant part action proceeding enforce provision sections title discretion may allow prevailing party reasonable attorney fee part costs accord see johnson georgia highway express customary fee similar work community considered stanford daily zurcher nd cal making fee award consider value attorney time light billing rates davis county los angeles epd cd cal fee award calculated multiplying number hours expended times normal hourly rates attorneys like skill experience swann board education wdnc fee award calculated reference hourly rates generally charged federal litigation congress legislating light experience enacted fee statute time courts familiar calculating fee awards civil litigation title vii civil rights act judicially established private attorney general theory prevailed prior decision alyeska pipeline service wilderness society none cases decided time adopted approach calculating fees reference market rate uniform see waters wisconsin steel works cert denied evans sheraton park hotel app tillman recreation kerr screen extras guild cert denied sub nom perkins screen extras guild recognize course determining appropriate market rate services lawyer inherently difficult market prices commodities services determined supply demand traditional sense thing prevailing market rate service lawyers particular community type services rendered lawyers well experience skill reputation varies extensively even within law firm accordingly hourly rates lawyers private practice also vary widely fees charged often based product hours devoted representation multiplied lawyer customary rate fee usually discussed client may negotiated client pays whether wins loses fee determination made entirely different setting negotiation even discussion prevailing client fee found reasonable paid losing party nevertheless shown text critical inquiry determining reasonableness generally recognized appropriate hourly rate rates charged private representations may afford relevant comparisons seeking basis standard courts properly required prevailing attorneys justify reasonableness requested rate rates inform assist exercise discretion burden fee applicant produce satisfactory evidence addition attorney affidavits requested rates line prevailing community similar services lawyers reasonably comparable skill experience reputation rate determined way normally deemed reasonable referred convenience prevailing market rate district characterized increase bonus appeals brief opinion spoke upward adjustment think latter characterization fairer use specifically senate report expressly approved factors appeals fifth circuit used calculating fee award johnson georgia highway express identified three cases correctly applied factors see supra another point hensley observed product reasonable hours times reasonable rate end inquiry remain considerations may lead district adjust fee upward downward including important factor results obtained respondent counsel admirable records scholars two valuable clerkship experience also specializing social security type claims government yet none outset suit december years experience practicing lawyers see supra term experience normally used quite limited believe number persons benefited consideration significance calculating fees unlike calculation attorney fees common fund doctrine reasonable fee based percentage fund bestowed class reasonable fee reflects amount attorney time reasonably expended litigation presumably counsel spend much time diligent litigating case benefits small class people indeed protecting civil rights single individual occasion case consider whether risk prevailing party case therefore entitled award attorney fees one adversary may ever justify upward fee adjustment part ii opinion declined draw distinction respect use market rates profit nonprofit law offices similarly rare case upward adjustment presumptively reasonable fee rate times hours appropriate draw distinction profit nonprofit law offices stated hensley request attorney fees result second major litigation hensley parties civil rights litigation particular make conscientious effort fee award made resolve differences district expressly empowered exercise discretion determining whether award made reasonableness intimate knowledge litigation responsibility encourage agreement justice brennan justice marshall joins concurring join opinion write separately reaffirm view congress clearly indicated risk prevailing therefore risk recovering attorney fees proper basis district may award upward adjustment otherwise compensatory fee see hensley eckerhart brennan concurring part dissenting part although leaves question unresolved see ante legislative history always controlled interpretation proves determinative issues addressed today decision also determines whether upward adjustment compensate risk nonpayment may justified particular congress referred johnson georgia highway express appropriate standards applied courts awarding attorney fees see ante whether fee fixed contingent emphasis original consequently recognized congress relevant consideration setting reasonable fee moreover congress explicitly cited stanford daily zurcher nd cal subsequently aff rev grounds one several cases correctly applied appropriate standards stanford daily district concluded may increase fees award obtained multiplying number hours average billing rate reflect fact attorneys compensation least part contingent nature clear therefore congress authorized district courts award upward adjustments compensate contingent nature success thus risk nonpayment particular case indeed allowing district courts award upward adjustments entirely consistent approach hourly rates today reaffirmed lawyers operating marketplace expected charge higher hourly rate compensation contingent success promptly paid irrespective whether win lose similarly necessary account risk fee awards either increasing appropriate hourly rate enhancing fee otherwise calculated use hourly rate reflect risk prevailing ensure fees consistent prevailing market rates see ante nonprofit legal service organizations private attorneys treated similarly see ante attorney fees awarded adequate attract competent counsel represent clients civil rights grievances contingency adjustments confused contingency fee arrangements commonly entered private attorneys representing plaintiffs civil litigation upward adjustment compensate risk nonpayment entirely unrelated contingent fee arrangements typical plaintiffs tort representation tort suits attorney might receive whatever amount plaintiff recovers cases therefore fee directly proportional recovery case contingency adjustments kind describe herein th contingency adjustment percentage increase amount obtained multiplying hours expended hourly rate designed reflect risk fee obtained copeland app en banc