Is there any difference between the amount of time opposing counsel spends and the amount that the opposing attorney would have received under the lodestar calculation?

MultiRegion, United States of America

The following excerpt is from Ferrari v. U.S. Equities Corp., No. 15-3573-cv (2nd Cir. 2016):

This reasoning is not consistent with the lodestar calculation, which, as already noted, is intended to "produce[] an award that roughly approximates the fee that the prevailing attorney would have received if he or she had been representing a paying client who was billed by the hour in a comparable case." Perdue v. Kenny A. ex rel. Winn, 559 U.S. at 551 (emphasis omitted). The effect of an attorney's conduct on the amount of time opposing counsel spends on a given task does not inform that determination. Put another way, it is not likely that a reasonable client would demand to pay less because his opponent had to pay more.

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