How Adam Leitman Bailey, P.C. Secured a Million-Dollar Award in a Major Case on Attorneys’ Fees
In July of 2023, Adam Leitman Bailey, P.C. represented a prominent multinational conglomerate in New York City in its motion for partial summary judgment against Defendants De Boulevard LLC, RJ Capital Holdings, LLC, and KSK Construction Group, LLC. We were awarded reasonable pre- and post-litigation attorneys’ fees and costs based on the parties’ license agreement. In January of 2024, our client moved to determine the fees that it was awarded in the year prior. After the firm submitted affirmations of services and supporting documents, Defendants quickly opposed our fee application.
To determine the reasonableness of the requested fee, the court is guided by the following factors: (1) “the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented”; (2) “the lawyer’s experience, ability, and reputation”; (3) “the amount involved and benefit resulting to the client from the services”; (4) “the customary fee charged by the Bar for similar services”; (5) “the contingency or certainty of compensation”; (6) “the results obtained”; and (7) “the responsibility involved.” (Matter of Freeman, 34 N.Y.2d 1,9 [1974].) These factors apply in commercial cases. (Commercial Litigation in New York, 4th ed., 2015, § 53:7, Court-Awarded Attorneys’ Fees.) The court also relies on its own knowledge of hourly rates charged by private firms who practice in the Commercial Division, New York County. (See Miele v New York State Teamster Conference Pension & Retirement Fund, 831 F.2d 407,409 [2d Cir 1987].)
The firm submitted affirmations from Adam Leitman Bailey himself and the opposing counsel, along with invoices, and biographies of the attorneys who worked on the matter. Regarding the fee application for Adam Leitman Bailey P.C.’s service, the firm was able to recover $48,421.16 for its service and costs for our client. The only major deduction from the firm’s billing was a 50% reduction on the travel time of the attorneys due to previous standing precedent that travel time is appropriately compensated at half of the counsel’s normal billing rate.
Therefore, Adam Leitman Bailey, P.C. was able to recover a significant amount in attorneys’ fees and costs for our client.
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