perdue governor georgia et al kenny next friend winn et argued october decided april title authorizes courts award reasonable attorney fee prevailing parties civil rights actions half respondents million fee request based calculation lodestar number hours attorneys employees worked multiplied hourly rates prevailing community half represented fee enhancement superior work results supported affidavits claiming lodestar insufficient induce lawyers comparable skill experience litigate case awarding fees million district found proposed hourly rates fair reasonable entries counsel billing records vague hours claimed many categories excessive therefore cut lodestar approximately million enhanced award additional million eleventh circuit affirmed reliance precedent held calculation attorney fee based lodestar may increased due superior performance extraordinary circumstances pp lodestar approach achieved dominance federal courts gisbrecht barnhart although imperfect several important virtues produces award approximates fee prevailing attorney received representing paying client billed hour comparable case readily administrable see burlington dague objective hensley eckerhart thereby cabining trial judges discretion permitting meaningful judicial review producing reasonably predictable results pp established six important rules lead today decision first reasonable fee one sufficient induce capable attorney undertake representation meritorious civil rights case see pennsylvania delaware valley citizens council clean air provide form economic relief improve financial lot attorneys ibid second strong presumption lodestar method yields sufficient fee see third never sustained enhancement lodestar amount performance repeatedly said enhancement may awarded rare exceptional circumstances fourth lodestar includes relevant factors constituting attorney fee enhancement may based factor subsumed lodestar calculation case novelty complexity see blum stenson quality attorney performance delaware valley supra fifth burden proving enhancement necessary must borne fee applicant blum sixth applicant seeking enhancement must produce specific evidence supporting award assure calculation objective capable reviewed appeal pp rejects contention fee determined lodestar method may enhanced situation strong presumption lodestar reasonable may overcome rare circumstances lodestar adequately account factor may properly considered determining reasonable fee treats quality attorney performance results obtained one factor since superior results relevant extent shown stem superior attorney performance another factor inferior performance opposing counsel circumstances superior attorney performance adequately taken account lodestar calculation rare exceptional enhancements awarded without specific evidence lodestar fee adequate attract competent counsel blum supra first enhancement may appropriate method used determine hourly rate adequately measure attorney true market value demonstrated part litigation may occur hourly rate formula takes account single factor years since admission bar perhaps similar factors case trial judge adjust hourly rate accordance specific proof linking attorney ability prevailing market rate second enhancement may appropriate attorney performance includes extraordinary outlay expenses litigation exceptionally protracted cases enhancement amount must calculated using method reasonable objective capable reviewed appeal applying standard interest rate qualifying expense outlays third enhancement may appropriate attorney performance involves exceptional delay payment fees case enhancement calculated method similar used exceptional delay expense reimbursement enhancements appropriate ground departures hourly billing becoming common based flawed analogy increasingly popular practice paying attorneys reduced hourly rate bonus obtaining specified results pp district provide proper justification fee enhancement awarded case commented enhancement necessary compensate counsel appropriate hourly rate effect raise top rate per hour nothing record shows appropriate figure relevant market also emphasized counsel make extraordinary outlays expenses wait reimbursement calculate amount enhancement attributable factor similarly noted counsel receive fees ongoing basis case sufficiently link proof delay outside normal range expected attorneys rely fees calculate cost counsel extraordinary unwarranted delay reliance contingency outcome contravenes dague supra finally insofar relied comparison counsel performance case counsel unnamed prior cases employ methodology permitted meaningful appellate review determining reasonable attorney fee within trial judge sound discretion discretion unlimited judge must provide reasonably specific explanation aspects fee determination including enhancement pp reversed remanded alito delivered opinion roberts scalia kennedy thomas joined kennedy thomas filed concurring opinions breyer filed opinion concurring part dissenting part stevens ginsburg sotomayor joined sonny perdue governor georgia et petitioners kenny next friend linda winn et al writ certiorari appeals eleventh circuit april justice alito delivered opinion case presents question whether calculation attorney fee federal statutes based lodestar number hours worked multiplied prevailing hourly rates may increased due superior performance stated previous cases increase permitted extraordinary circumstances reaffirm rule also said prior cases strong presumption lodestar sufficient factors subsumed lodestar calculation used ground increasing award lodestar party seeking fees burden identifying factor lodestar adequately take account proving specificity enhanced fee justified district apply standards reverse decision remand proceedings consistent opinion respondents plaintiffs children georgia system next friends filed class action behalf children foster care named defendants governor georgia various state officials petitioners case claiming deficiencies system two counties near atlanta violated federal state constitutional statutory rights respondents sought injunctive declaratory relief well attorney fees expenses district northern district georgia eventually referred case mediation parties entered consent decree district approved consent decree resolved pending issues fees respondents attorneys entitled receive respondents submitted request million attorney fees half amount based calculation lodestar roughly hours multiplied hourly rates attorneys support fee request respondents submitted affidavits asserting rates within range prevailing market rates legal services relevant market half amount respondents sought represented fee enhancement superior work results affidavits submitted support request claimed lodestar amount generally insufficient induce lawyers comparable skill judgment professional representation experience litigate case see app petitioners objected fee request contending proposed hourly rates high hours claimed excessive enhancement duplicate factors reflected lodestar amount district awarded fees approximately million see supp nd district found hourly rates proposed respondents fair reasonable entries counsel billing records vague hours claimed many billing categories excessive therefore cut hours halved hourly rate travel hours resulted lodestar calculation approximately million enhanced award concluding lodestar calculation take account fact class counsel required advance case expenses million period going reimbursement fact class counsel paid basis work performed fact class counsel ability recover fee expense reimbursement completely contingent outcome case stated respondents attorneys exhibited higher degree skill commitment dedication professionalism seen displayed attorneys case years bench also commented results obtained added fter years practicing attorney federal judge unaware case plaintiff class achieved favorable result comprehensive scale enhancement resulted additional million fee award relying prior circuit precedent panel eleventh circuit affirmed panel held district abused discretion failing make larger reduction number hours respondents attorneys sought reimbursement panel commented cut billable hours deciding matter first instance added hourly rates approved district also appear ed generous side question enhancement however panel splintered judge writing separate opinion judge carnes concluded binding eleventh circuit precedent required decision district affirmed opined reasoning opinions suggested enhancement allowed case concluded quality attorneys performance adequately accounted determining reasonable number hours expended litigation setting reasonable hourly rates quoting pennsylvania delaware valley citizens council clean air delaware valley found enhancement justified based delay recovery attorney fees reimbursable expenses delay routine feature cases brought reasoned district contravened holding burlington dague relied fact class counsel compensation totally contingent upon prevailing action quoting affidavit support fee request judge wilson concurred judgment disagreed judge carnes view eleventh circuit precedent inconsistent decisions judge hill also concurred judgment expressed view correctness prior circuit precedent eleventh circuit denied rehearing en banc dissent three judges see judge wilson filed opinion concurring denial rehearing judge carnes joined judges tjoflat dubina filed opinion dissenting denial rehearing judge tjoflat filed separate dissent contending among things district basing enhancement large part comparison performance respondents attorneys unnamed attorneys whose work observed professional career improperly rendered decision effectively unreviewable appeal essentially served witness support enhancement granted certiorari ii general rule legal system party must pay attorney fees expenses see hensley eckerhart congress enacted order ensure federal rights adequately enforced section provides prevailing party certain civil rights actions may recover reasonable attorney fee part costs unfortunately statute explain congress meant reasonable fee therefore task identifying appropriate methodology determining reasonable fee left courts one possible method set johnson georgia highway express listed factors consider determining reasonable method however gave little actual guidance district courts setting attorney fees reference series sometimes subjective factors placed unlimited discretion trial judges produced disparate results delaware valley supra alternative lodestar approach pioneered third circuit lindy builders philadelphia american radiator standard sanitary appeal remand achieved dominance federal courts decision hensley gisbrecht barnhart since time lodestar figure name suggests become guiding light jurisprudence ibid quoting dague supra although lodestar method perfect several important virtues first accordance understanding aim statutes lodestar looks prevailing market rates relevant community blum stenson developed practice hourly billing become widespread see gisbrecht supra lodestar method produces award roughly approximates fee prevailing attorney received representing paying client billed hour comparable case second lodestar method readily administrable see dague see also buckhannon board care home west virginia dept health human resources unlike johnson approach lodestar calculation objective hensley supra thus cabins discretion trial judges permits meaningful judicial review produces reasonably predictable results iii prior decisions concerning federal statutes established six important rules lead decision case first reasonable fee fee sufficient induce capable attorney undertake representation meritorious civil rights case see delaware valley plaintiffs find possible engage lawyer based statutory assurance paid fee purpose behind statute satisfied blum supra reasonable attorney fee one adequate attract competent counsel produce windfalls attorneys ellipsis brackets internal quotation marks omitted section aim enforce covered civil rights statutes provide form economic relief improve financial lot attorneys delaware valley supra second lodestar method yields fee presumptively sufficient achieve objective see dague supra delaware valley supra blum supra see also gisbrecht supra indeed said presumption strong one dague supra delaware valley supra third although never sustained enhancement lodestar amount performance see brief amicus curiae repeatedly said enhancements may awarded circumstances delaware valley supra blum supra hensley fourth noted lodestar figure includes relevant factors constituting attorney fee delaware valley supra held enhancement may awarded based factor subsumed lodestar calculation see dague supra pennsylvania delaware valley citizens council clean air delaware valley ii plurality opinion blum thus held novelty complexity case generally may used ground enhancement factors presumably fully reflected number billable hours recorded counsel ibid also held quality attorney performance generally used adjust lodestar ecause considerations concerning quality prevailing party counsel representation normally reflected reasonable hourly rate delaware valley supra fifth burden proving enhancement necessary must borne fee applicant dague supra blum finally fee applicant seeking enhancement must produce specific evidence supports award enhancement must based evidence enhancement necessary provide fair reasonable compensation requirement essential lodestar method realize one chief virtues providing calculation objective capable reviewed appeal iv light said prior cases reject contention fee determined lodestar method may enhanced situation lodestar method never intended conclusive circumstances instead strong presumption lodestar figure reasonable presumption may overcome rare circumstances lodestar adequately take account factor may properly considered determining reasonable fee case asked decide whether either quality attorney performance results obtained factors may properly provide basis enhancement treat two factors one plaintiff attorney achieves results favorable predicted based governing law available evidence outcome may attributable superior performance commitment resources plaintiff counsel outcome may result inferior performance defense counsel unanticipated defense concessions unexpectedly favorable rulings unexpectedly sympathetic jury simple luck since none latter causes justify enhanced award superior results relevant extent shown result superior attorney performance thus need consider whether superior attorney performance justify enhancement light principles derived prior cases inquire whether circumstances superior attorney performance adequately taken account lodestar calculation conclude circumstances circumstances indeed rare exceptional require specific evidence lodestar fee adequate attract competent counsel blum supra internal quotation marks omitted first enhancement may appropriate method used determining hourly rate employed lodestar calculation adequately measure attorney true market value demonstrated part may occur hourly rate determined formula takes account single factor years since admission bar perhaps similar factors case enhancement may appropriate attorney compensated rate attorney receive cases governed federal statutes order provide calculation objective reviewable trial judge adjust attorney hourly rate accordance specific proof linking attorney ability prevailing market rate second enhancement may appropriate attorney performance includes extraordinary outlay expenses litigation exceptionally protracted judge carnes noted attorney agrees represent civil rights plaintiff afford pay attorney attorney presumably understands reimbursement likely received successful resolution case therefore enhancements compensate delay reimbursement expenses must reserved unusual cases exceptional cases however enhancement may allowed amount enhancement must calculated using method reasonable objective capable reviewed appeal applying standard rate interest qualifying outlays expenses third may extraordinary circumstances attorney performance involves exceptional delay payment fees attorney expects compensated presumably understands payment fees generally come end case see opinion carnes compensation delay generally made either basing award current rates adjusting fee based historical rates reflect present value missouri jenkins internal quotation marks omitted rule possibility enhancement may appropriate attorney assumes costs face unanticipated delay particularly delay unjustifiably caused defense case however enhancement calculated applying method similar described connection exceptional delay obtaining reimbursement expenses reject suggestion appropriate grant performance enhancements ground departures hourly billing becoming common noted lodestar adopted part provides rough approximation general billing practices accordingly hourly billing becomes unusual alternative lodestar method may found however neither respondents amici contend day arrived shown permitting award enhancements top lodestar figure corresponds prevailing practice general run cases told increasingly popular arrangement attorneys paid reduced hourly rate receive bonus certain specified results obtained practice analogized award enhancement one case brief respondents analogy however flawed attorney agrees outset representation reduced hourly rate exchange opportunity earn performance bonus position far different attorney case compensated full prevailing rate seeks performance enhancement addition lodestar amount litigation concluded reliance comparisons purposes administering enhancements therefore appropriate present case district provide proper justification large enhancement awarded increased lodestar award far opinion reveals figure appears essentially arbitrary example grant enhancement instead increase respondents sought rather district commented enhancement minimum enhancement lodestar necessary reasonably compensate respondents counsel supp effect enhancement increase top rate attorneys per district point anything record shows appropriate figure relevant market district pointed fact respondents counsel make extraordinary outlays expenses wait reimbursement calculate amount enhancement attributable factor similarly district noted respondents counsel receive fees ongoing basis case pending sufficiently link factor proof record delay outside normal range expected attorneys rely payment fees quantify disparity provide calculation cost counsel extraordinary unwarranted delay reliance contingency outcome contravenes holding dague see finally insofar district relied comparison performance counsel case performance counsel unnamed prior cases district employ methodology permitted meaningful appellate review needless say question sincerity district observations position assess accuracy trial judge awards enhancement impressionistic basis major purpose lodestar method providing objective reviewable basis fees see undermined determining reasonable attorney fee matter committed sound discretion trial judge see permitting discretion award fees judge discretion unlimited essential judge provide reasonably specific explanation aspects fee determination including award enhancement unless explanation given adequate appellate review feasible without review widely disparate awards may made awards may influenced least may appear influenced judge subjective opinion regarding particular attorneys importance case addition future cases defendants contemplating possibility settlement way estimate likelihood pay potentially huge enhancement see marek chesny defendant unwilling make binding settlement offer terms left exposed liability attorney fees whatever amount might fix motion plaintiff section serves important public purpose making possible persons without means bring suit vindicate rights unjustified enhancements serve enrich attorneys consistent statute many cases attorney fees awarded paid individuals responsible constitutional statutory violations judgment based instead fees paid effect state local taxpayers state local governments limited budgets money used pay attorney fees money used programs provide vital public services cf horne flores slip payment money pursuant order diverts funds state local programs reasons judgment appeals reversed case remanded proceedings consistent opinion ordered sonny perdue governor georgia et petitioners kenny next friend linda winn et al writ certiorari appeals eleventh circuit april justice kennedy concurring one ask attorney judge name significant cases career unsurprising find list includes case argued decided immersed case lawyers judges find within fascination intricacy importance transcends detached observer sees pending completed case often seem extraordinary participants dynamic adversary system system well serves law proper today reject proposition enhancements barred still must understood extraordinary cases presented rarest circumstances comments join full opinion sonny perdue governor georgia et petitioners kenny next friend linda winn et al writ certiorari appeals eleventh circuit april justice thomas concurring nearly years ago group attorneys sought fee award achiev ing limited success litigating clients constitutional claims hensley eckerhart opinion resolving claim fees observed cases exceptional success enhanced award attorney fees may justified emphasis added observation plainly dicta one year later relied reject argument lodestar calculation never permissible blum stenson yet never sustained enhancement lodestar amount performance ante jurisprudence since blum charted decisional arc bends decidedly enhancements carnes see also ante today holds consistent hensley blum lodestar fee award may enhanced attorney performance circumstances indeed ante careful readers observe precise limitations imposes availability enhancements see ante see also ante kennedy concurring must understood extraordinary cases presented rarest circumstances limitations preserve prior cases advance attorney fees jurisprudence along decisional arc judge carnes described agree approach conclusion emphasizes see ante lodestar calculation virtually every case already reflect indicia attorney performance relevant fee award sonny perdue governor georgia et petitioners kenny next friend linda winn et al writ certiorari appeals eleventh circuit april justice breyer justice stevens justice ginsburg justice sotomayor join concurring part dissenting part granted certiorari case consider whether calculation attorney fee based ante opinion ever enhanced based solely quality lawyers performance results obtained pet cert emphasis added answers question affirmative see ante stated previous cases increase permitted extraordinary circumstances reaffirm rule see also ante kennedy concurring prior precedents make clear lodestar calculation end fee inquiry remain considerations may lead district adjust fee upward hensley eckerhart reason lodestar method never intended conclusive circumstances ante instead today reaffirms superior attorney performance leads exceptional success enhanced award may justified hensley supra see also pennsylvania delaware valley citizens council clean air blum stenson agree conclusion majority part ways respect question presented obliquely view inappropriately appears consider nonetheless namely whether lower courts correctly determined case exceptional circumstances justify lodestar enhancement see parts ante see also ante kennedy concurring reach issue lies beyond narrow question agreed consider see limiting review first question presented pet cert stating question see also glover general rule decide issues outside questions presented believe twice removed litigation underlying fee determination properly suited resolve inquiry demands even engage inquiry hold district abuse discretion awarding enhancement therefore affirm judgment appeals explains basic question must resolved considering enhancement lodestar whether lodestar calculation adequately measure attorney value demonstrated performance litigation ante understand need answering question application standards also believe answer inevitably involves element judgment moreover reviewing district answer question appellate must inevitably give weight fact district better situated provide answer district judge district judge read motions filed case witnessed proceedings able evaluate attorneys overall performance light objectives context legal difficulty practical obstacles present case word district judge observed attorney true value demonstrated litigation ibid emphasis added contrast appeals faced cold perhaps lengthy record inevitably less time opportunity determine whether lawyers done exceptionally fine job yet less suited performing inquiry accordingly determining whether fee enhancement warranted given case matter committed sound discretion trial judge ante function appellate courts review judge determination abuse discretion see pierce underwood see also general elec joiner eference hallmark review case well illustrates tiered functionally specialized judicial system places task determining attorney fee award primarily district hands plaintiffs lawyers spent eight years investigating underlying facts developing initial complaint conducting proceedings working final relief district docket entries consists pages transcripts hearings depositions along documents produced record fills large boxes neither appellate panel easily read entire record attempt district judge aware many intangible matters written page reflect review expansive record possibly exhaustive portions record reviewed lead conclude like appeals district judge abuse discretion awarding enhanced fee reach conclusion based four considerations first record indicates lawyers objective case unusually important fully consistent central objectives basic federal statute moreover problem attorneys faced demanded exceptionally high degree skill effort specifically lawyers clients sought state georgia reform entire system system much record describes well level minimal constitutional acceptability record contains investigative reports mostly prepared georgia office child advocate show example following state system unable provide essential medical mental health services children consequently unnecessarily suffered illness life long medical disabilities permanent hearing loss due failures part state administer basic care antibiotics see doc exh pp understaffing improper staffing placed children care individuals dangerous criminal records children physically assaulted staff locked outside shelters night punishment abused ways see doc pp doc exh pp doc exh pp doc exh pp shelters unsanitary dilapidated unclean infested rats overcrowded unsafe control see doc exh doc exh doc due improper supervision deficiencies shelters children abused drugs also became victims child prostitution see doc exh systemic failures also caused vulnerable children suffer regular beatings sexual abuse including rape hands aggressive shelter residents see doc doc exh doc exh child beaten badly eight children suffered severe internal bleeding describing violent sexual assault rape surprisingly many children upwards per day per year tried escape conditions others tried commit suicide see doc doc exh seal least children run away shelters doc exh pp seal daily logs see also doc exh describing suicide attempts docket entries hereinafter refer nd case state office child advocate whose reports provide much basis foregoing description concluded system operating crisis mode private operator ran system never licensed care children office child advocate protection children ann record doc exh hereinafter oca report accord exh advocate noted neither investigative reports national news publicity including television program highlighted foster child death beatings prompted corrective action state oca report advocate stated litigation necessary force reform repeatedly asked state give office authority conduct litigation see office child advocate advisory committee ann effectiveness online http internet materials visited apr available clerk case file office truly effective must possess authority compel change initiate litigation behalf children authority widely considered child advocates crucial effecting meaningful change children office child advocate advisory committee ann effectiveness online http office child advocate advisory committee ann effectiveness online http state grant child advocate office litigating authority sought see laws codified code ann upshot plaintiffs attorneys child advocate initiated lawsuit thereby assumed role attorney filling enforcement void state legal system function congress considered highest priority newman piggie park enterprises per curiam meant promote enacting texas state teachers assn garland independent school second course lawsuit lengthy arduous plaintiffs lawyers began factual investigations beyond child advocate already conducted see record docs partially seal filed suit state met plaintiffs efforts host complex procedural well substantive objections state example argued law forbade plaintiffs investigate shelters eve decision might approved investigations state removed case federal state sought protective orders preventing attorneys speaking shelters staff losing motions state delayed point district forced admonish state defendants technical legal objections discovery requests order delay hinder discovery process supp nd quoting record doc see also doc doc pp docs meantime state moved dismissal basing motion complex legal doctrines younger abstention doctrine district found inapplicable nd see younger harris rooker fidelity trust district columbia appeals feldman state also opposed petitioners request certify class children foster care district rejected state argument state filed lengthy motion summary judgment record docs plaintiffs attorneys opposed thorough briefing supported comprehensive exhibits see docs losing motion eventually agreeing mediation state forced protracted litigation mediator see docs told opposing plaintiffs efforts system reformed state spent million outside counsel charge state reduced rates worked significantly hours figure alone indicates tapped law department additional hours work supp third face opposition results obtained plaintiffs attorneys appear exceptional consent decree negotiated course mediation sets forth specific steps state take order address specific deficiencies sort described see see also app consent decree establishes reporting oversight mechanism backed district enforcement authority see supp result decree state agreed comprehensive reforms system benefit children many different communities informed observers described decree brought significant positive results see record doc recent overseers report state overall performance continues trend steady improvement detailing substantial health safety welfare improvements see also office child advocate ann report letter tom rawlings child advocate sonny perdue governor georgia online http generally pleased direction state child welfare system cf weinstein weinstein late neuropsychological consequences child neglect implications law social policy reform describing general broad social impact dysfunctional systems quoting national institute health research child neglect online http see record doc noting areas georgia system still needs improvement fourth finally district judge supervised proceedings saw plaintiffs amass process compile convincingly present vast amounts factual information witnessed defeat numerous state procedural substantive motions position evaluate ultimate mediation effort said mediation effort case went far beyond anything seen previous case supp based personal observation plaintiffs counsel performance throughout litigation finds counsel brought higher degree skill commitment dedication professionalism litigation seen displayed attorneys case years bench consent decree provided extraordinary benefits plaintiff class settlement achieved plaintiffs counsel comprehensive scope detailed coverage years practicing attorney federal judge unaware case plaintiff class achieved favorable result comprehensive scale based observations assessment attorneys performance course litigation district concluded evidence establishes quality service rendered class counsel far superior consumers legal services legal marketplace reasonably expect receive rates used lodestar calculation basis read believe assessment correct recognize ordinary lodestar calculation yields large fee award assessment lodestar calculation case translates average hourly fee per attorney see lodestar calculation attorney hours majority reference hourly fee ante refers rate associated single highest paid attorneys enhanced fee average hourly rate lodestar lay reader also bear mind lawyer fee substantially greater profit given attorneys must sometimes cover costs case exceeded see supp also must cover routine overhead expenses typically consume fees see altman weil publications survey law firm economics per hour lodestar compensate group attorneys district described extraordinary rate lower average rate charged attorneys practicing law state georgia average hourly rate see accordingly even majority seem acknowledge form enhancement appropriate case see ante enhancement may appropriate method used determining hourly rate employed lodestar calculation adequately measure attorney true market value demonstrated part litigation indeed fact exceptional results achieved case much work ante performed relatively inexperienced attorneys accordingly compensated lodestar market average ibid reason think service rendered outstanding performance worthy enhancement comparison district enhanced award special adjustment unique exceptional case compensate attorneys one occasion average hourly rate comparable rates charged nation leading law firms average every occasion see sampling billing rates nationwide national law journal listing firms average hourly rate barnett certification drag opinion puzzle transactional curiosities iowa numbers probably underestimate given many national law firms decline take part national law journal survey thus appear enhanced award wholly consistent purpose enacted ensure counsel prevailing parties paid traditional attorneys compensated client see ivil rights plaintiffs singled different less favorable treatment see also blum event circumstances listed likely make rare exceptional case warranting enhanced fee award certainly make clear neither unreasonable abuse discretion district reach conclusion indeed facts circumstances described even roughly correct fair ask exceptional case disagreement limited stated outset complete agreement respect answer question presented increase lodestar due superior performance results permitted extraordinary circumstances ante unlike justice thomas read opinion advance attorney fees jurisprudence along decisional arc toward point enhancements virtually barred cases ante concurring opinion prior cases make clear enhancements permitted cases delaware valley attorney achieves exceptional success hensley see also blum definition exceptional circumstances occur rarely see ante kennedy concurring see advance fee enhancement jurisprudence discourage lodestar enhancements without overruling precedents cited done contrary today reaffirm precedents allow enhancements exceptional performance ante respect central holding unanimous disagreement absolute respect proper resolution case us purport prohibit district awarding enhanced fee remand provides detailed reasoning supporting decision ante cf tr oral arg majority disagree respect disturb judgment request attorney fees result second major litigation hensley lead years protracted appellate review see brennan concurring part dissenting part grant certiorari case consider dispute whether fact exceptional case merits lodestar enhancement district already resolved question appeals affirmed judgment found abuse discretion content resolve question presented even follow inclination say hold principles upon agree including applicability review district fee determination require us affirm judgment footnotes justice breyer us answer question yes end opinion see post opinion concurring part dissenting part opinion little use bench bar pointlessly invite additional round litigation issue standards applied granting enhancement fairly subsumed within question agreed decide extensively discussed briefs filed case title provides action proceeding enforce provision sections title title ix public law religious freedom restoration act religious land use institutionalized persons act title vi civil rights act section title discretion may allow prevailing party reasonable attorney fee part costs citations omitted virtually identical language appears many federal statutes see burlington dague factors time labor required novelty difficulty questions skill requisite perform legal service properly preclusion employment attorney due acceptance case customary fee whether fee fixed contingent time limitations imposed client circumstances amount involved results obtained experience reputation ability attorneys case nature length professional relationship client awards similar cases hensley eckerhart respondents correctly note attorney brilliant insights critical maneuvers sometimes matter far hours worked years experience brief respondents said blum stenson cases special skill experience counsel reflected reasonableness hourly rates see salazar district columbia supp dc laffey northwest airlines supp dc aff part rev part cadc justice breyer reliance average hourly rate respondents attorneys highly misleading see post calculating lodestar district found hourly rate attorneys eminently fair reasonable consistent prevailing market rates atlanta comparable work supp justice breyer calculation average hourly rate attorney hours reflects nothing fact much work performed attorneys whose fair reasonable market rate market average nothing unfair compensating attorneys rate requested justice breyer opinion dramatically illustrates danger allowing trial judge award huge enhancement supported discernible methodology approach retain million enhancement respondents attorneys earn much attorneys richest law firms country post fees paid taxpayers georgia annual per capita income less see dept commerce bureau census statistical abstract table figures annual salaries attorneys employed state range lawyers highest paid division chief see brief state alabama et al amici curiae citing national association attorneys general statistics office attorney general fiscal year pp section enacted ensure civil rights plaintiffs adequately represented provide windfall