In this case, plaintiffs' counsel secured a rather remarkable fee agreement. This would be unconscionable. It would not be appropriate for counsel in these circumstances to seek more from his clients. A separate lodestar calculation is required for the fee petition itself. Plaintiffs request fees for 11 hours spent preparing the petition.
Time spent on a fee petition is compensable to the extent it results in a recovery of fees.
See Institutionalized Juveniles v. Secretary of Pub. A reduction in the lodestar is appropriate, however, because plaintiffs have achieved only partial success in their fee petition. As such, they have not established the reasonableness of this expense and it will be disallowed. Defendants correctly note that plaintiffs have not provided invoices for these transcripts. Defendants, however, have not challenged the log entries documenting the review of deposition transcripts of the four witnesses totaling 1,141 pages.