Lytle v. September Tr., Dated March 23, 1972

Summary

The court held that, when private counsel represents a paying client under an agreed hourly-fee arrangement, the actual billing rate is a significant and presumptively appropriate measure of the lodestar rate. A higher rate may be justified by competent evidence of a discount or other circumstances recognized by the applicable fee-shifting provision, but the record here showed only that counsel could have charged more. The court therefore reversed the portion of the award based on higher rates, remanded for recalculation using the rates actually billed, and otherwise affirmed.