In a series of cases, the District of Columbia Public Schools (DCPS)
refused to pay attorneys appointed to represent indigent students in
cases under the Individuals with Disabilities Education Act (IDEA) fees
at an hourly rate above the rate that the attorneys could have recovered
under the Criminal Justice Act (CJA). The students' parents brought
breach of contract actions in DC Superior Court to enforce settlement
agreements that incorporate by reference DCPS attorney fee guidelines
that provide hourly rates well-above the CJA rate. In cases where the
student was a prevailing party in the underlying administrative action,
the parents sought awards of market-based rates in cases brought in
federal court under the fee-shifting provision of the IDEA. We served as
co-counsel in four such cases and argued that where a plaintiff is
entitled to recover reasonable attorney fees, the fee is calculated
based on the prevailing market rate and not on the basis of actual cost,
even where the party entitled to fees is represented by appointed
In Price, the district court granted DCPS’s motion for summary judgment and denied the plaintiffs’ motion for summary judgment, holding that parents who prevailed in IDEA proceedings could recover only the statutory rate for attorney’s fees set by the CJA when their attorneys were appointed by the court to represent them. We appealed that decision and, on June 26, 2015, the DC Circuit reversed, holding that the attorney’s fees should be based on prevailing rates in the community and that the CJA rate is not a relevant factor in determining the fees.
In both Hall and McCrae, the superior court granted plaintiff’s motions for summary judgment, holding that DCPS breached its contract by failing to pay counsel at the rate delineated by the DCPS attorney fee guidelines.
In Douglas, the district court granted plaintiffs motion in part, agreeing with plaintiffs on most points but reducing the hourly rate to account for the degree of complexity of the litigation.
Price v. DC, No. 14-7133 (D.C. Cir.), No. 13-1069 (D.D.C.)
McCrae v. DC, No. 2013 CA 4758 (Super. Ct. DC)
Douglas v. DC, No. 13-1758 (D.D.C.)
Hall v. DC, No. 2013 CA 8368 (Super. Ct. DC)