The size of such an award, though, is hotly disputed. Respondent argues that Complainant's request is so exorbitant that it should be denied in its entirety. Under the Clark approach, the first thing to do is to determine the appropriate hourly rate for each attorney's work. The next step is the determination of the number of hours reasonably expended on the case. Finally, it is necessary to decide if any adjustments should be made to the award.
Complainant seeks compensation for the work of two attorneys.
It is necessary to establish an appropriate rate for each of them. Affidavits and other documentation have been provided by Complainant to support those requests. Respondent has attacked the sufficiency of parts of the supporting documentation, and suggests that Complainant has failed to justify the rates he seeks. It is true, as Respondent states, that the motion and its affidavits contain large amounts of hearsay, but the submitted documentation does provide a basis for awarding the requested hourly rates. There is no question that Ms. Leahy has considerable experience in this area of the law.