pennsylvania del valley citizens council argued march decided june delaware valley citizens council clean air hereafter respondent filed suit compel pennsylvania comply certain provisions clean air act act see earlier decision case setting forth detailed statement facts consent decree approved federal district obligated pennsylvania establish program inspection maintenance vehicle emissions systems certain counties august state failed protracted litigation ensued parties agreed set june date state commence program shortly agreement respondent petitioned district attorney fees costs pursuant act work performed issuance consent decree divided work phases determined lodestar amount attorney fees product reasonable hours times reasonable rate phase certain phases adjusted figure upward doubling lodestar reflect risk presumably faced respondent prevail phases litigation appeals affirmed district enhancement fee award issue presented whether plaintiff prevails attorney contingent fee arrangement may awarded separate compensation risk losing paid held judgment reversed reversed justice white joined chief justice justice powell justice scalia concluded construed permitting enhancement reasonable lodestar fee compensate attorney assuming risk loss nonpayment even construed permit enhancement appropriate cases error case pp justice concluded congress intend foreclose consideration contingency setting reasonable fee provisions district erred employing risk multiplier circumstances case pp justice blackmun joined justice brennan justice marshall justice stevens concluded congress intended allow upward adjustment appropriate circumstances case taken contingent basis award case vacated case remanded district findings pp jay waldman reargued cause petitioners briefs reargument henry barr john krill john hrubovcak briefs original argument spencer manthorpe barr hrubovcak krill donald ayer reargued cause respondent rule support petitioners kathryn oberly argued cause original argument brief solicitor general fried henry habicht ii deputy solicitor general geller james crawford reargued cause respondents brief joyce meyers briefs amici curiae urging affirmance filed american bar association eugene thomas john hupper thomas barr john pickering joseph bonjorno et al henry reath michael baylson briefs amici curiae filed state arizona et al francis bellotti attorney general massachusetts suzanne durrell assistant attorney general robert corbin attorney general arizona joseph lieberman attorney general connecticut michael bowers attorney general georgia richard opper attorney general guam corinne watanabe attorney general hawaii jim jones attorney general idaho neil hartigan attorney general illinois linley pearson attorney general indiana david armstrong attorney general kentucky william guste attorney general louisiana james tierney attorney general maine stephen sachs attorney general maryland frank kelley attorney general michigan louis caruso solicitor general edward lloyd pittman attorney general mississippi william webster attorney general missouri stephen merrill attorney general new hampshire lacy thornburg attorney general north carolina nicholas spaeth attorney general north dakota anthony celebrezze attorney general ohio michael turpen attorney general oklahoma travis medlock attorney general south carolina jeffrey amestoy attorney general vermont william broaddus attorney general virginia kenneth eikenberry attorney general washington charles brown attorney general west virginia mcclintock attorney general wyoming twelve small private civil rights law firms john leubsdorf justice white announced judgment delivered opinion parts ii represent views parts iv joined chief justice justice powell justice scalia case involves award attorney fee prevailing party pursuant clean air act set forth detailed statement facts underlying litigation pennsylvania delaware valley citizens council clean air recite abbreviated version facts delaware valley citizens council clean air hereinafter respondent filed suit compel commonwealth pennsylvania comply certain provisions clean air act parties entered consent decree approved district obligated commonwealth establish program inspection maintenance vehicle emissions systems counties philadelphia pittsburgh areas august commonwealth failed implement program date protracted litigation ensued ultimately may parties agreed set june date commonwealth commence inspection maintenance program shortly agreement respondent petitioned district attorney fees costs work performed issuance consent decree determining amount fees awarded district divided work performed respondent counsel nine phases see computing lodestar phase district adjusted figure upward phases four five seven doubling lodestar reflect risk presumably faced respondent prevail phases litigation district observed contingent nature plaintiff success apparent throughout litigation plaintiffs entered litigation government commonwealth pennsylvania case involved new novel issues resolution little precedent laintiffs defend rights consent decree due numerous attempts defendants others overturn circumvent orders supp ii first focus nature issue us typical statute attorney fees awarded prevailing party extent party prevails see maher gagne hensley eckerhart hence case lost loser awarded fee unless attorney agreement client attorney paid win lose attorney paid cases attorney assumes risk nonpayment takes case issue us whether plaintiff prevails attorney may awarded separate compensation assuming risk paid risk measured risk losing rather winning depends unsettled applicable law respect issues posed case likely facts decided complainant looked way various factors little bearing question us first matter delay plaintiffs entitlement attorney fees depends success lawyers paid favorable decision finally eventuates may years later case meanwhile expenses business continue must met setting fees prevailing counsel courts regularly recognized delay factor either basing award current rates adjusting fee based historical rates reflect present value see sierra club epa app louisville black police officers organization louisville although delay risk nonpayment often mentioned breath adjusting former distinct issue involved case suggest however adjustments delay inconsistent typical statute second case involves issue public importance plaintiff position unpopular community defendant difficult obstreperous enter assessing risk loss determining whether risk compensated neither chance find unnecessary compensate time effort spent prosecuting case third plaintiff agreed pay attorney win lose attorney assumed risk nonpayment occasion adjust lodestar fee case risky one see jones central soya said lawyer may preserve right recourse client fees still expect compensated sacrificed completely right payment event unsuccessful outcome iii although issue compensating assuming risk nonpayment left open blum stenson justice brennan wrote risk prevailing therefore risk recovering attorney fees proper basis district may award upward adjustment otherwise compensatory fee concurring courts appeals similar view allowed upward adjustment fee awards risk loss factor first circuit wildman lerner stores example takes approach allows upward adjustment lodestar account contingency factor case district entered judgment jury verdict finding employer liable violating age discrimination employment act et two puerto rican statutes awarded prevailing party lodestar fee amount increased figure account fact difficulties action novelty issue plaintiffs attorneys faced contingency losing time effort sustaining enhancement fee awards based contingency appeals relied legislative history detailed several additional reasons necessary increase lodestar figure cases concluded rather compensating lawyers unsuccessful claims adjustment lodestar figure may necessary particular cases provide reasonable attorney fee envisioned congress construction statutes universal district columbia circuit particularly skeptical purpose served enhancing lodestar amount account risk prevailing laffey northwest airlines app cert denied reversed trial decision double lodestar based risk factor citing wide variety problems approach found theory limit size fee risk enhancement permitted less likely chances success particular case entitled prevailing party fee award reflect acceptance risk similar vein contingency factor penalizes losing parties strongest reasonable defenses thus creating perverse penalty least culpable app moreover even risk loss taken account chances winning set anything approaching mathematical precision vast increases attorneys fees derive spurious mathematical base omitted fundamental level found using risk loss increase lodestar figure compensates attorneys successful efforts one case unsuccessful claims asserted related cases encourag es marginal litigation raises reasonable question subsidy unsuccessful litigation come defendant another case citations omitted scheme deemed manifestly inconsistent congress intent award attorney fees prevailing parties relying holding hensley attorney fees awarded claims unrelated party ultimately prevailed reasoned logic restricts compensation portions lawsuit directly related relief procured also forbids multiplying attorneys fees effectively compensate counsel losing claims may brought prevailing party may expect full compensation prevailing claims provision compensating losing unrelated claims case losing cases might might involve parties crude multiplier derived simply plaintiff chance success must rejected contrary congressional scheme bar legal commentators much interested issue writers unqualifiedly endorsed concept increasing fee award insure lawyers adequately compensated taking risk prevailing experience marketplace indicates lawyers generally provide legal representation contingent basis unless receive premium taking risk berger awarded attorneys fees reasonable rev see also developments law class actions harv rev comment rev others considerably reserved endorsement contingency bonus focusing four major problems use factor first evaluation risk loss creates potential conflict interest attorney client order increase fee award plaintiff lawyer must expose weaknesses inconsistencies client case defendant attorneys must either concede strength plaintiff case order keep fee award allo fee boosted contingency bonus insisting plaintiff victory freakish leubsdorf contingency factor attorney fee awards yale leubsdorf second order determine proper size contingency bonus must retroactively estimate prevailing party chances success perspective attorney first considered filing suit mathematically difficult compute result known hard judges lawyers regain perspective ignorance treat result one several initially possible third problem increasing fee award account risk prevailing one identified courts questioned practice penalizes defendant strongest defense forces subsidize plaintiff attorney bringing unsuccessful actions defendants see note colum rev finally contingency bonus determined either certainty accuracy justified ground provides appropriate incentive litigation leubsdorf cf note harv rev comment chi rev considerations removes interest paying client ensuring lawyer serving client economically task monitoring attorney shifted judge separate litigation fees plaintiff wins fee litigation occurs basis often protracted complicated exhausting little doubt simplified maximum extent possible decided cases measure assessing initial risk loss case particularly uncertain matter especially judge confident correctly decided plaintiff must inquire weak plaintiff case likely judge mistaken may absurd ask judge determine probability decided case incorrectly disagreement among circuits commentators indicates congress clearly directed authorized multipliers enhancements assuming risk loss neither clean air act expressly provides using risk loss independent basis increasing otherwise reasonable fee doubtful legislative history supports use factor concluding authorized justice brennan blum relied fact one items relied setting fee enumerated johnson georgia highway express whether fee fixed contingent congress endorsed consideration factor see rep careful reading johnson shows contingency factor meant focus judicial scrutiny solely existence contract attorney fees may executed party attorney fee quoted client percentage recovery agreed helpful demonstrating attorney fee expectations accepted case see leubsdorf therefore johnson suggests nature fee contract client attorney taken account determining reasonableness fee award nothing johnson show factor meant reflect contingent nature prevailing lawsuit whole justice brennan also noted congress cited stanford daily zurcher nd cal subsequently aff rev grounds one several cases correctly applied johnson factors blum supra increased lodestar based part considerations congress also cited two cases found also correctly applied johnson criteria davis county los angeles epd cd cal district added result charge basic fee award award intended compensate lawyers assuming risk prevailing merits instead label suggests increased award counsel achieved excellent results nature case made difficult litigate swann bd wdnc third illustrative case cited approval congress increase basic fee award instead reviewing nine factors similar listed johnson reduced prevailing party fee request nearly choosing err conservative side dealing fee question rather contribute unnecessarily overpricing litigation given divergence analysis result three cases legislative history best inconclusive determining whether congress endorsed concept increasing lodestar amount reflect risk prevailing merits must nevertheless come decision concluded judgment must reversed iv impressed view appeals district columbia circuit enhancing fees risk loss forces losing defendants compensate plaintiff lawyers prevailing defendants cases result consistent congress decision adopt rule prevailing parties entitled fees risk multipliers enhancement viewed compensating attorneys willingness take risk loss nonpayment nevertheless sure congress intended fees denied plaintiff loses authorized payment assuming risk uncompensated loss enhancement also penalizes defendants strongest case theory least authorize highest fees cases least likely hence encourage bringing risky cases especially lawyers whose time fully occupied work difficult ever completely sure case enhancing fees assumption risk nonpayment justify degree enhancement almost every case weighing considerations unconvinced congress intended risk losing lawsuit independent basis increasing amount otherwise reasonable fee time effort expended prevailing senate report observed computing fee counsel prevailing parties paid traditional attorneys compensated client time reasonably expended matter davis supra stanford daily supra contrary argument without promise multipliers enhancement attorneys take cases clients pay statutes therefore serve purpose agree fundamental aim statutes make possible pay lawyer time effort obtain competent counsel providing lawyers reasonable fees paid losing defendants follow fee enhancement risk necessary allowable surely case plaintiffs afford pay agreed pay win lose true plaintiff impecunious otherwise damages case competent lawyers take absence statutes true cases plaintiffs secure help organizations whose purpose provide legal help salaried counsel afford pay lawyer also unlikely true market competent lawyers whose time fully occupied matters issue thus involves damages cases lawyers take risky statutes encourage suits brought damages likely recovered sufficient provide adequate compensation counsel well frequent cases goal secure injunctive relief exclusion claim damages situations statutes guarantee reasonable payment time effort expended case respondent position without prospect awarded fees exceeding reasonable payment plaintiffs cases unable secure help statutes aimed provide persuaded case indeed may well using contingency enhancement superfluous unnecessary lodestar approach setting fee reasons particular lawsuit considered risky attorney novelty difficulty issues presented potential protracted litigation moreover attorney ultimately prevails lawsuit success primarily attributable legal skills experience hours hard work devoted case factors however considered determining reasonable number hours expended reasonable hourly rate lodestar increase sum based risk prevailing result reasonable attorney fee windfall attorney prevailed difficult case may without promise risk enhancement lawyers decline take cases doubt bar general often unable respond goal statutes achieved event risk enhancement involves difficulties administration possible inequities must pay attorney fees absence legislative guidance conclude multipliers enhancement reasonable lodestar fee compensate assuming risk loss impermissible usual statutes even typical statutes construed permit supplementing lodestar appropriate cases paying counsel assuming risk nonpayment reasons set error case section like indicate adjustment risk rule rather exception neither require adjustment case leaves matter risk enhancement informed discretion courts however severe difficulties possible inequities involved making upward adjustments assuming risk nonpayment deem appropriate order guide exercise trial courts discretion awarding fees adopt approach followed blum dealing multipliers case payment time effort involved lodestar presumed reasonable fee authorized statute enhancement risk nonpayment reserved exceptional cases need justification enhancement readily apparent supported evidence record specific findings courts blum several reasons circumstances case justify risk multiplier employed district first district doubled lodestar three phases case recognition risk loss saying contingent nature plaintiffs success apparent outset plaintiffs entered litigation commonwealth pennsylvania case involved new novel issues resolution little precedent furthermore defend rights consent decree due numerous attempts defendants others overturn circumvent orders case however concerns reasonable fee work done consent decree entered fees already awarded work done time risk nonpayment determined beginning litigation lewis coughlin ramos lamm whatever counsel thought risk losing outset doubtful counsel anticipated similar risk enforcing decree plaintiff successful one entered event district specifically identify new novel issues fail discern emerged long process enforcing decree accordance terms whether commonwealth pennsylvania substantial opponent whether tried circumvent decree little nothing whether real risk persuading district enforce decree matter may difficult wearing time consuming kind effort recognized lodestar award second assumed one exceptional cases enhancement assuming risk nonpayment justified conclude doubling lodestar certain phases work excessive alluded uncertainties involved determining risk prevailing burdensome nature fee litigation deem desirable appropriate application statute hold trial specifically finds real issue case upward adjustment lodestar may made general rule amount lodestar additional adjustment require exacting justification limitation protect windfalls attorneys act deterrence bringing suits attorney believes less chance prevailing riskier suits may brought reasonable lodestar may awarded risk enhancement limited lodestar awarded even assuming adjustment risk justified multiplier employed excessive third whatever risk winning losing specific case might fee award informed statutory purpose making possible poor clients good claims secure competent help adjusting risk assumption evidence record trial find without risk enhancement plaintiff faced substantial difficulties finding counsel local relevant market findings accordingly judgment appeals reversed footnotes issuing final order action brought pursuant subsection section may award costs litigation including reasonable attorney expert witness fees party whenever determines award appropriate time respondent awarded attorney fee work done counsel public interest law center philadelphia pilcop prior date consent decree granted certiorari last term heard argument issued opinion holding respondent entitled attorney fees counsel work done certain administrative proceedings work crucial vindication delaware valley rights consent decree also concluded district erred enhancing fee award based superior quality counsel performance reasoning respondent show lodestar provide reasonable fee award reflecting quality representation however address merits question us issue left open blum stenson thought reargument issue beneficial therefore restored aspect case docket decision term numerous courts appeals acting statutes approved upward adjustment lodestar compensate risk prevailing see crumbaker merit systems protection board ca fed vaughns board ed prince georges county supp md riddell national democratic party kelley metropolitan county bd en banc cert denied craik minnesota state university white richmond ramos lamm jones central soya addition courts appeals district columbia circuit seventh circuit courts refused risk enhancement variety reasons see lewis coughlin upward adjustment vacated failure evaluate risk loss lanasa new orleans supp ed la settlement low money damages figure agreed much earlier litigation littlejohn null mfg supp wdnc attorney received fully compensatory fee without adjustment bennett central telephone illinois supp nd lack supporting evidence high hourly rates eeoc burlington northern supp nd high hourly rates risk nonsuccess unusually high litton systems american telephone telegraph supp sdny great incentive needed encourage appellee defend million antitrust judgment appeal cook block supp dc counsel guaranteed payment client even suit unsuccessful cherry rockdale county supp nd insufficient evidence supporting adjustment inmates maine state prison zitnay supp contingency already reflected lodestar rank balshy supp md contingency already reflected lodestar viewed simple economics practice law played major part appeals analysis lodestar figure alone differentiate case taken full retainer case attorney spends many hours period months years assurance pay suit unsuccessful even client ultimately prevails burden supporting salaried employees fixed costs course contingent litigation substantial moreover attorney may face second risk clients prevailed find time duplicative unnecessary inefficiently expended think clear congress intend enforcement civil rights limited primarily able pay attorney full retainer attract one pro bono legal service organizations cause deny considerations added burden additional risks attorney contingent fee agreement may bear strike us reasonable citations omitted note factors mentioned appeals mind irrelevant whether separate compensation assuming risk nonpayment seventh circuit ruled risk losing alone justify use multiplier mckinnon berwyn citations omitted followed reasoning laffey northwest airlines app finding fundamental problem risk bonus compensates attorneys indirectly effectively bringing unsuccessful suits even though attorney fee statute expressly limited cases party seeking fee prevails also reasoned cases attorney entered contract client attorney already compensated risk loss entitled insurance form risk multiplier mattress mfg sealy kirchoff flynn may evidence withdrawal position still later case appeals citing mckinnon said circuit favored use risk multipliers burlington northern hearings congressional subcommittee also illuminate differing views desirability necessity enhancement risk loss hearings subcommittee constitution committee judiciary sess hearings et al subcommittee constitution committee judiciary sess similar vein want encourage private attorney general suits risky plaintiffs test litigation claims nonmonetary relief forbidding shifting compensation risk deter bringing cases rowe legal theory attorney fee shifting critical overview duke district employed interesting approach denying risk multiplier cherry rockdale county noted risk enhancement justified needed provide compensation sufficient level attract capable advocates evidence proffered showing level compensation necessary attract lawyers insufficient evidentiary base upon award fee enhancement argued way illustration case evidence support risk multiplier according national survey access two attorneys requesting fees paid rate top law firm partners admitted time paid earn respectively per year associates annual salaries survey showed practitioners small firms average overhead expense per lawyer assumed reasonably diligent lawyer bill hours per year hours per week multiplied weeks relied parties affidavits stated reasonable hourly wage attorneys concluded attorneys lost cases year compensation still within upper compensation lawyers minus uncollectible minus overhead equals enhancement observed simply unnecessary lawyers lost cases year enhancement might necessary compensation based loss rate note argument advanced amici arizona et dealt parties courts attorneys respondent pilcop properly accorded weight whatsoever perceived risk prevailing deciding undertake representation case due pilcop status internal revenue code brief arizona et al amici curiae fee petition district pilcop asserted tax exempt law corporation prohibited certain internal revenue service irs regulations accepting fees clients including respondent app pilcop undoubtedly referring rev proc cum bull provides public interest law firm desiring status may accept fees services except accordance procedures approved irs subsequently irs issued rev proc cum bull amplified rev proc setting forth procedures public interest law firm accept fees services maintain charitable organization status procedures included requirement among others public interest law firm use likelihood probability fee award consideration selection cases argument advanced law firm really risks nothing cases like pilcop undertook represent respondent cause without regard likelihood eventually recovering fees clean air act follows pilcop validly entertained notion respondent ultimately succeed litigation fee award possibly enhanced due risk prevailing amici note appeals second circuit allow contingency multiplier awarding fees nonprofit law firms new york assn retarded children carey pass submission amici test objective one based likely response bar case merits rather judge subjective opinion merits lewis coughlin attorney fee award large necessary attract competent counsel one relevant factor bearing whether counsel declined take case little prospect earning fee lewis coughlin supra justice concurring part concurring judgment reasons explained dissent conclude congress intend foreclose consideration contingency setting reasonable fee provisions clean air act civil rights attorney fees awards act also agree compensation contingency must based difference market treatment contingent fee cases class rather assessment riskiness particular case view plurality also correct holding novelty difficulty issues presented potential protracted litigation ante factors adequately reflected lodestar district erred employing risk multiplier circumstances case private market commonly compensates contingency arrangements attorney receives percentage damages awarded plaintiff cases however private market model contingency compensation provide little guidance see riverside rivera thus unsurprising courts enhanced fee awards compensate risk inpointing degree risk one subjective difficult components fee computation process one apt lead imprecision final award derfner wolf awarded attorney fees although dissent suggests method calculating compensation contingency theoretically satisfying practice speculating riskiness case dissent explain theory put practice example translate extra economic risk endured smaller firms see post firms take unpopular cases see post percentage enhancement moreover although dissent offers defense method compensating risk leaves door open extra enhancement exceptional cases pose great legal risk post extra enhancement presumably calculated based likelihood time litigation commenced particular legal claims raised prevailing party rejected type enhancement clearly subject many difficulties described plurality ante dissent suggests plurality objections lose much force cases extra enhancement granted rare post arbitrary unjust result less rarity furthermore difficulties created type enhancement arise enhancement granted also whenever sought reasonable method calculating fee award must merely justifiable theory also objective nonarbitrary practice moreover concept treating contingency cases class symbolic determination market community compensates contingency vary significantly one case next agree plurality without guidance trial exercise discretion adjustment risk result severe difficulties possible inequities ante view certain constraints discretion setting attorney fees appropriate first district courts courts appeals treat determination particular market compensates contingency controlling future cases involving market haphazard widely divergent compensation risk avoided contingency cases treated class contingency cases treated class courts strive consistency one fee determination next determinations involving different markets also comport thus fee applicant attempts prove relevant market provides greater compensation contingency markets involved previous cases applicant able point differences markets justify different rates compensation second times fee applicant bears burden proving degree relevant market compensates contingency see blum stenson burden proving adjustment necessary determination reasonable fee fee applicant hensley eckerhart settlement possible fee applicant bears burden establishing entitlement award documenting appropriate hours expended hourly rates also hold may enhance fee award necessary bring fee within range attract competent counsel agree plurality enhancement risk appropriate unless applicant establish without adjustment risk prevailing party faced substantial difficulties finding counsel local relevant market ante finally award enhancement based legal risks risks peculiar case lodestar product reasonable hours times reasonable rate hensley eckerhart supra flexible enough account great variation nature work performed challenges presented different cases novelty complexity issues raised case presumably fully reflected number billable hours recorded counsel blum said problems posed litigation tenacity defendant special skill experience counsel reflected reasonableness hourly rates ibid thus presumed counsel demonstrates considerable ability overcoming unusual difficulties arisen case counsel compensated accomplishments means appropriate hourly rate multiplied hours expended based guidelines enhancement risk awarded district case must reversed enhancement supported findings fact concerning degree contingency compensated relevant market neither findings evidence indicate large enhancements case necessary attract competent counsel relevant community moreover clear district based enhancement legal risks risks unique case considerations used district justify enhancement new novel issues raised case stubbornness defendants supp already reflected number hours expended hourly rate used increase fee award accordingly concur parts ii plurality concur judgment reversing judgment appeals justice blackmun justice brennan justice marshall justice stevens join dissenting enacting statutes congress stressed fee awarded must adequate attract competent counsel produce windfalls attorneys today plurality ignores fact fee may appropriate amount paid promptly regardless outcome case may inadequate inappropriate payment contingent upon winning case allowing upward adjustment case taken contingent basis plurality undermines basic purpose statutory attorney fees ensuring private citizens meaningful opportunity vindicate important congressional policies laws contain private market lawyers charge premium entire fee contingent winning canons professional ethics american bar association first promulgated recognized determining amount fee proper consider contingency certainty compensation canons ethics aba model code professional responsibility originally promulgated subsequently adopted nearly every state see nix whiteside likewise provides one actors considered determining reasonable fee hether fee fixed contingent model code professional responsibility dr aba recently formulated ethical standards aba model rules professional conduct adopted continue reflect consensus among lawyers whether fee fixed contingent one factors considered determining reasonableness fee model rule premium added contingency compensates risk nonpayment suit succeed delay payment end litigation factors faced lawyer paid promptly litigation progresses see clermont currivan improving contingent fee cornell rev schwartz mitchell economic analysis contingent fee litigation stan rev mackinnon contingent fees legal services else equal attorneys naturally prefer cases paid regardless outcome rather cases paid win cases latter type inherently riskier attorney properly may expect greater compensation successful prosecution see lindy builders american radiator standard sanitary one expects lawyer whose compensation contingent upon success charge successful little charge client advance agreed pay services regardless success quoting cherner transitron electronic supp mass wildman lerner stores significant difference case taken full retainer case attorney spends many hours period months years assurance pay suit unsuccessful see also larson federal awards attorney fees private market premium contingency usually recouped basing fee percentage damages recovered premium also computed part hourly rate lawyer bills litigation succeeds see clermont currivan cornell see alternative contingent fee utah rev either approach fee hourly rate contingent success necessarily higher hourly rate charged payment current certain fee enhancement ensures accepting cases contingent basis remains economically attractive feasible enterprise lawyers see generally mackinnon directing courts award reasonable attorney fee litigant vindicates various statutory rights clean air act congress made clear winning lawyer paid rate basically competitive lawyer able earn cases congress purpose extensively described legislative history civil rights attorney fees awards act fully applicable statutes protect environment see ruckelshaus sierra club encourage enforcement federal law lawsuits filed private persons congress found market provide adequate supply interested lawyers many potential plaintiffs lacked sufficient funds hire lawyers see thus fee awards considered essential remedy order encourage enforcement law ibid unless fee reimbursement full complete statutory rights meaningless remain largely unenforced see also note promoting vindication civil rights attorney fees awards act colum rev berger awarded attorney fees reasonable rev congress determined public best served award fees similar traditional attorneys compensated client intended amount fees awarded governed standards prevail types equally complex federal litigation antitrust cases reduced rights involved may nonpecuniary nature ibid see also thus blum stenson emphasized statute legislative history establish reasonable fees calculated according prevailing market rates relevant community congress found broad variety factors go computation reasonable attorney fee one consideration contingency attorney paid wins case three four major cases cited examples appropriate standards correctly applied noted blum stenson mentioned risk factor weigh see johnson georgia highway express stanford daily zurcher nd cal aff rev grounds swann board education wdnc stanford case expressly increased fee award contingent nature attorneys work noting increase parallel american bar association determination attorneys deserve higher compensation contingent work explained public standpoint contingent fee helps equalize access rich poor individuals courts making attorney decisions concerning representation turn action merits rather size client income ibid thus contrary plurality assertion see ante congress envisioned district courts take fact contingency account calculating reasonable attorney fee resulting fee equivalent prevailing market rates courts gained experience fee calculations many begun utilize lodestar reasonable hours worked multiplied reasonable hourly rate see lindy builders american radiator standard sanitary hensley eckerhart approving use lodestar approach lodestar however designed simplify circumvent application johnson factors appropriate see copeland marshall app en banc berger thus statutory fee computed solely reference rates charged corporate firms obtain many payments clients monthly billings rather order arrive reasonable attorney fee must incorporate premium risk nonrecovery delay payment economic risks aggravated contingency payment level similar premium incorporated market rates risk premium reflected hourly rate goes lodestar calculation hourly rate include consideration risk enhancement lodestar see blum stenson concurring opinion either approach adding premium simply brings fee reasonable level contemplated congress see derfner wolf awarded attorney fees increase fee account contingency part fine tuning courts must make fee reflect true market value attorney efforts adjustment contingency necessary statutory fees competitive private market competent lawyers attracted private practice prosecute statutory violations see committee legal assistance committee report counsel fees public interest litigation record simply law supply demand lawyers earn substantially higher pay cases private sector tend either reject cases effectively penalized taking cases see brief twelve small private civil rights law firms amici curiae describing financial difficulties depending contingency cases statutory attorney fees see also darden illinois bell tel concurring opinion unless fees enhanced take account risk losing whether multiplier contingent fee device stakes high fees systematically small allowing adjustments contingency similar given attorneys private market thus appropriately enable counsel accept apparently causes without awaiting sure winners yates mobile county personnel quoting jones diamond surprisingly courts appeals agreement adjustments risk nonrecovery appropriate circumstances blum stenson left open question contingency adjustments also made clear congress intended statutory fees competitive private market lawyers services thus competitive awards rather kind windfall profits congress expressly intended prohibit instead way implement congressional intent law land plurality decision part iv opinion foreclose compensation risk nonrecovery reduce statutory fees market rate inevitably obstruct vindication federal rights fewer lawyers attracted work persons able bring valid claims unable find lawyer likely persons modest means afford augment lawyer fee market charge precisely persons congress sought assist even plaintiffs somehow manage attract lawyers market rate usually get pay lawyers less fully employed less capable without compensation contingency usy successful attorneys simply afford accept contingent employment arrangement ill serve policies enormous national importance yates mobile county personnel congress recognized effective enforcement complex cases requires services experienced attorneys lawyers less likely underemployed therefore tend demand rates approaching obtained private sector berger plurality offers assurances enforcement end completely groups still take cases see ante effect plurality place entire burden injunctive actions modest damages claims shoulders bar unrealistic think lawyers law centers around country able pick slack rest bar approximately lawyers services pro bono bar concentrated eastern urban centers simply available people berger omitted significantly plurality opinion validate payment lawyers substantially less competitive private market blum however made clear nonprofit organizations receive less fee awards hourly rate set private market attorney services see also new york gaslight club carey plurality today attempts accomplish indirectly refused directly blum plurality defends approach asserting plaintiffs bringing large damages claims continue attract private lawyers see ante plaintiffs might able hire counsel event private contingency arrangements congress provided fee shifting precisely concluded many plaintiffs unable obtain representation manner plurality solution slight actions seek injunctive relief relatively small damages awards vindication many federal rights depends see riverside rivera ii view congress desire statutory fees competitive private market plurality needs compelling reason order reject market approach determining constitutes reasonable fee although plurality suggests reasons objections based fundamental mischaracterization enhancement contingency awarding attorney fees issue whether attorney may awarded separate compensation assuming risk paid explains hat risk measured risk losing rather winning depends unsettled applicable law respect issues posed case likely facts decided complainant ante framed issue fashion discovers significant problems allowing enhancements based likelihood success particular cases example says disturbed evaluation risk loss may create conflict interest attorneys clients plaintiff defense attorneys try characterize cases manner increase decrease attorney fees ante difficult estimate retroactively prevailing party chance success knows outcome ante notes enhancements perverse result penalizing defendants strongest defenses causing defendants subsidize plaintiffs attorneys unsuccessful actions may bring ibid last concern great significance plurality appears consistent congress decision adopt rule prevailing parties entitled fees ante also expresses alarm echoing opinion appeals district columbia circuit laffey northwest airlines app cert denied theory limit size fee risk enhancement permitted less likely chances success particular case entitled prevailing party fee award reflect acceptance risk ante see also ante underlying flaw objections appropriate enhancement risk depend first instance degree risk presented particular case enhancement risk designed equalize prospective returns among contingent cases different degrees merit rather designed simply place contingent employment whole roughly economic footing noncontingent practice order cases receive equal representation intended congress enhancement compensates attorneys risk nonpayment associated contingent employment risk exist noncontingent cases discussed without possibility enhancement contingency attorney simple economic point view prefer noncontingent employment contingent employment even contingent cases best merit may sometimes fail delay payment inherent contingent arrangement economic risks may aggravated contingency payment thus contrary plurality vision enhancement radically increases case chance success decreases enhancement contingency ordinary cases based relative likelihood success particular case recognized fact contingency likelihood success particular case mandates increase attorney fee frightening difficulties envisioned plurality disappear reason assume cases delve strengths weaknesses particular case potential conflict interests arise attorneys clients large enhancements disproportionate success case granted rather job simply determine whether case taken contingent basis whether attorney able mitigate risk nonpayment way whether economic risks aggravated contingency payment appeals first circuit correctly points actual risks burdens borne lawyer lawyers determine whether upward adjustment called wildman lerner stores american bar association sets forth reasonable approach determining degree enhancement appropriate calculating statutory attorney fee brief american bar association amicus curiae first must determine whether attorney taken case contingent basis client contracted pay lodestar fee reasonable hours times reasonable hourly rate regardless outcome case paid attorney continuing basis attorney clearly avoided risk nonpayment enhancement appropriate see mattress mfg sealy plaintiff paid lawyers regular hourly basis therefore lawyers neither risked noncompensation endured delay payment jones central soya indication case taken contingent basis therefore upward adjustment appropriate also must determine attorney able mitigate risk nonpayment way example client agreed pay portion lodestar amount regardless outcome case attorney mitigated risk loss extent although percentage total expenses paid client indicate much mitigating factor contribution considered see stanford daily zurcher client agreed pay retainer undertake fundraising effort attorneys clearly guaranteed payment hours expended example attorney entered contract suit seeking substantial damages attorney mitigated risk extent exchanging risk nonpayment prospect compensation greater prospective lodestar amount even cases course must still calculate reasonable attorney fee assessed defendant reason grant defendant windfall excusing payment attorney fees simply plaintiff entered contract see hamner rios sargeant sharp attorney client unable mitigate risk nonpayment enhancement contingency appropriate many cases client unable pay counsel unwilling assume risk liability attorney fees even public interest may significantly aided private litigation cases simply generate significant funds even successful many actions seek declaratory injunctive relief many hampered immunity doctrines special defenses available defendants many generate small awards see riverside rivera see also rowe legal theory attorney fee shifting critical overview duke american bar association points must determine whether attorney able mitigate economic risk nonpayment must also determine whether specific aspects case aggravated economic risk brief american bar association amicus curiae enhancement contingency compensates attorney primarily risk spending numerous hours indeed often years case knowledge payment may ever recovered aspects case however aggravate economic risk inherent contingency payments first although treats delay payment independent risk nonpayment see ante delay integral aspect contingency payments compensation appropriate delay payment causes problems deprives attorney use money thus magnifying economic risk associated uncertainty payment see copeland marshall app brief twelve small private civil rights law firms amici curiae describing difficulties related delayed payments indeed types litigation cases seeking institutional reform involving complex environmental issues potential significant delay attorneys must assured appropriate enhancement order offset financial disincentive taking cases second case may present greater economic risks particular attorney circumstances example contingent litigation may pose greater risks small firm solo practitioner risk nonpayment may offset easily presence paying work paying work may turned away contingent case accepted conversely responsibility case shared among several firms relative economic risk borne firm may diminished see fine paper antitrust litigation ed aff part rev part cases enhancement contingency sought therefore need inquire relative likelihood success particular case possible however unusual cases likelihood success may appropriately taken account sometimes legal risks facing case may apparent significant constitute economic disincentive independent created basic contingency payment result achieved case significant broad public interest additional enhancement justified order attract attorneys take cases otherwise might suffer lack representation extra enhancement cases however awarded exceptional cases cases legal risks high case therefore novel difficult attorneys may expected spend greater number hours preparing litigating case courts consider seriously determining number reasonable hours incorporated lodestar careful reduce unduly number hours novel difficult case finds however attorney taken significant legal risk case important public interest risk compensated adequately number hours represented lodestar may grant enhancement awarded basic contingency risk case must make detailed findings regarding particular legal risks apparent outset litigation importance result obtained findings justify additional enhancement almost plurality objections enhancements contingency become irrelevant enhancement seen general matter completely independent likelihood success particular cases approach outlined reason assess success case retroactively cause conflict interest arise attorney client possibility grant huge multipliers simply odds case significant remaining objection awarding higher fees lawyers accept contingent cases gives lawyers economic stability bring possibly unsuccessful lawsuits plurality view contravenes congress intent award attorney fees prevailing parties ante objection must ultimately fail fact attorney still recovers fees attorney client prevails lawsuit attorney represents client unsuccessful contingent litigation fees recovered attorney may use fees obtained successful contingency lawsuit bring lawsuits successful contravene way congress mandate fees awarded solely prevailing parties certainly indication legislative history congress restriction attorney fees prevailing parties intended deny reasonable fees attorneys use income subsidize unsuccessful litigation indeed contrary congress intent attorneys bringing statutory violation cases compensated manner similar attorneys private market compensated private market successful attorney earned fees attorney business basic objective courts keep mind awarding enhancements risk reasonable attorney fee aim competitive private market even possible reflect market perfectly thus enhancement contingency whether calculated increase reasonable hourly rate used arrive lodestar added lodestar bonus multiplier designed windfall attorney prevailing party rather designed ensure lawyers take cases contingent bases properly compensated risks inherent cases vindication statutory rights passed congress depends continued availability willingness highly skilled lawyers take cases receive statutory attorney fee setting fees courts must ensure fees reasonable fees properly compensate attorney risks assumed iii respondent delaware valley clearly prevailed attaining sought results occurred without efforts supp ed prevailing party delaware valley entitled statutory fee award newman piggie park enterprises case also appears candidate contingency adjustment plaintiffs lawyers apparently accepted case expectation paid clients prevailed district however explained award multiplier three phases litigation following brief statement contingent nature plaintiff success apparent throughout litigation plaintiffs entered litigation government commonwealth pennsylvania case involved new novel issues resolution little precedent commencing phase iv continuing present plaintiffs defend rights consent decree due numerous attempts defendants others overturn circumvent orders second might also determine whether case deserves extra enhancement significant legal risks apparent outset litigation importance case note however respondent attorneys began litigation order enforce consent decree situation usually entail difficult legal risks district believe case nonetheless involve significant legal risks outset litigation make specific findings effect simply state case involved new novel issues ibid plurality per se ruling part iv opinion enhancements contingency contravenes congress express intent statutory attorney fees equivalent prevailing market rates highly skilled lawyers available vindicate statutory rights conferred congress least however majority leaves open opportunity district courts award enhancements contingency selected cases respectfully dissent concurrence recognizes congress intend foreclose enhancements contingency setting reasonable attorney fees see ante plurality also recognizes fashion statutes might construed permit supplementing lodestar appropriate cases paying counsel assuming risk nonpayment see ante neither opinion however follows analysis remanding case district application proper standards johnson georgia highway express essentially adopted factors aba model code professional responsibility dr sets forth guidelines determining size appropriate attorney fee including hether fee fixed contingent emphasis omitted factors cited included time labor required case novelty difficulty questions skill required perform legal service properly preclusion employment customary fee time limitations imposed client experience attorneys undesirability case nature relationship client awards similar cases many factors included within lodestar reasonable hours worked multiplied reasonable hourly rate see blum stenson bills introduced congress prohibit bonuses multipliers including adjustments risk nonrecovery suit brought state local government see far efforts limit recovery attorney fees unavailing lawyers paid hourly basis course face risk nonpayment hours worked billed hourly rate charged may reflect see murray weinberger app therefore little quarrel plurality statement either clean air act expressly provides using risk loss independent basis increasing otherwise reasonable fee ante emphasis added difficulty purely economic terms statutory attorney fee otherwise reasonable fails include premium contingency payment left issue open blum stenson almost courts appeals upheld enhancements contingency ruled enhancements allowable appropriate circumstances see wildman lerner stores lewis coughlin durett cohen vaughns board ed prince george county sims jefferson downs racing kelley metropolitan county bd en banc cert denied moore des moines cert denied planned parenthood arizona ramos lamm cited approval jordan heckler jones central soya crumbaker merit systems protection board ca fed courts appeals district columbia seventh circuits questioned propriety risk enhancement see laffey northwest airlines app cert denied mckinnon berwyn repeats analyses cases detail see ante panels two circuits however indicated enhancements appropriate certain situations see murray weinberger app mattress mfg sealy moreover plurality case courts laffey mckinnon misconstrued nature purpose enhancements contingency plurality conclusion part iv opinion course governing law five members parties opinion justice believe enhancement contingency appropriate specified cases see ante concurrence conclude congress intend foreclose consideration contingency setting reasonable fee provisions clean air act civil rights attorney fees awards act nonprofit law firm obtain additional revenue charging clients services expenses still retain status charitable organization see cfr rev proc cum bull rev proc cum bull rev rul cum bull rev rul cum bull acceptance statutory fee awards within limits however jeopardize status see rev rul cum bull firms generally may use money receive federal government limited public funding received legal services corporation cases fees available see hensley eckerhart opinion concurring part dissenting part equalization result plurality view risk enhancement view attorney takes relatively weak contingent cases prevail infrequently expect receive large enhancements attorney thus receive approximately compensation attorney takes stronger contingent cases prevails often accordingly receives smaller enhancements see hensley eckerhart opinion concurring part dissenting part courts applying must also take account money fact attorneys never certain win even best case crumbaker merit systems protection board argument risk enhancement allowed plaintiff attorney must known basis law facts case defendant prevail inane case required best ability counsel defendant vigorously contested case case certain prevail see leubsdorf contingency factor attorney fee awards yale leubsdorf contingency award require inquiry likelihood success case note attorney fees contingency factor blum stenson rev tandard contingency adjustment unrelated risks particular case used calculating section attorney fees indeed ironic draws heavily article professor leubsdorf see ante article appeals district columbia circuit laffey appeals seventh circuit mckinnon likewise rely article professor leubsdorf clearly sets forth difficulties arise contingency enhancements based relative likelihood success particular cases leubsdorf approach terms approach two leading cases area professor leubsdorf begins analysis recognition enhancement contingency necessary attorneys receive fair market value work lawyer bears risk paid provides legal services receiving fair market value work paid second functions paid competent counsel reluctant accept fee award cases thus professor explains although economic reasoning justifies contingency bonus explain approach calculating size bonus first emphasis added ibid professor leubsdorf subsequently offers alternative approaches calculating awarding contingency enhancements thus contrary implication opinion ante appeals wildman approve contingency enhancements based likelihood success particular cases rather vacated multiplier granted district held without elaboration contingent nature case quality attorney work warranted enhancement remanded case district determine whether enhancement contingency warranted among factors considered remand payment attorneys received suit successful costs expenses attorneys incurred case lost extent attorneys required compensate associates carry overhead expenses without assurance compensation whether attorneys refused take case risk nonpayment factors focus solely extent contingency payment likelihood success based law facts particular case although errs viewing delay integral component contingency gratifying note suggest adjustments delay inconsistent typical statute ante see brewer southern union supp small firm uzzell friday supp mdnc solo practitioner case substantial percentage attorney law practice devoted see craik minnesota state university additional personnel must hired without assurance compensation may also riskier ordinary contingent case economic risks might also increased case foreclosed participation otherwise available business potential conflicts interest case unpopular risk loss business see johnson georgia highway express one factors consider undesirability case effect may obtaining business emphasis omitted york alabama state board education supp md successful plaintiffs civil rights lawyers often hired types sophisticated federal litigation although circumstances probably exist comparatively cases attorneys nonetheless compensated undertaken representation despite risks cases extra enhancement granted low likelihood success importance result achieved sufficiently rare plurality concerns lose much force moreover cases tend important test cases encouraged award attorney fees justification contingency premium explained either inducement persuade attorney invest time matter may unproductive even lawyer hourly fee work handle may willing accept contingency concludes value potential premium justifies risk nonpayment means providing level compensation offset losses cases fail either explanation simply reflection private market compensates contingency see berger awarded attorney fees reasonable rev district appeals relied heavily fact respondent faced serious persistent opposition case see fact attorney faces strong opposition opponent certainly given significant weight factor however ordinarily becomes relevant assessment reasonableness hours expended attorney preparing litigating case like novelty difficulty case strong persistent opponent usually demands significant increase hours devoted case cases extra enhancement justified significant legal risks faced outset litigation may take account well perceived strength opposition outset however grant extra enhancement determines attorneys already adequately compensated number reasonable hours constitute lodestar