What is a Reasonable Hourly Rate for Awarding Attorney’s Fees in Miami? Answer: It’s Significantly Less Than New York

In a recent federal case in which rapper and producer Timbaland (aka Timothy Mosley) won summary judgment on a copyright infringement case, Magistrate Judge Torres made the interesting comment that the fees that would be awarded to Timbaland would not be “‘New York’ billing rates.”  Kernal Records Oy v. Mosley, Case No. 09-21597, 23 (S.D. Fla. July 16, 2013).  When calculating fees, parties are awarded reasonable hourly rates in the prevailing market and, as was the holding in a previous opinion, the reasonable rates in Miami are not equivalent to those in New York.

So what is a reasonable hourly fee in Miami?  Although it varies from case to case, it is clearly less than the rate in New York.  In Hermosilla v. Coca-Cola Co., 10-21418-CIV, 2011 WL 9364952 (S.D. Fla. July 15, 2011), the court reduced the hourly rate of partners at Holland & Knight, LLP to a “blended” $425 an hour, and associates to $225 an hour, for what it called a basic intellectual property and contract case.  The court held:

We find as an initial matter that many of the hourly rates requested by the H & K attorneys are excessive for the South Florida legal community for the types of legal services that were required in this case. See ACLU of Ga., 168 F.3d at 437–38; Norman, 835 F.2d at 1299. “Even if a party chooses to employ counsel of unusual skill and experience, the court awards only the fee necessary to secure reasonably competent counsel.”

Id. at *9.  The partner fees were reduced from as high as $680 an hour for a partner and $385 an hour for an associate.  The other partners’ and associates’ billing rates weren’t too far behind the leaders.  The Court in Hermosilla noted the prestigious credentials of the H&K attorneys, but pointed out that even in the most expensive legal jurisdiction, New York, the courts could not approve such rates.

Which brings us back to our most recent case.  Judge Torres merely warned the attorneys for  “Timbo the King” (as he’s been referred to by Jay-Z), that Miami is not New York when it comes to billing.  No fees have been awarded yet, but for those of you that are curious, we’ll keep you up to date when Timbaland’s attorneys submit their version of what is reasonable.  For those that stumbled upon this post for insight regarding the reasonable hourly rate in South Florida and Miami, here are some cases to get you started:

Tiara Condominium Ass’n, Inc. v. Marsh USA, Inc., 697 F.Supp.2d 1349 (S.D.Fla.2010) (reducing hourly rates charged by premium New York law firm by 19 to 25 percent); Global Horizons Inc. v. Del Monte Fresh Produce N.A., Inc., 2009 WL 855970 (S.D.Fla. Mar.31, 2009) (awarding discounted hourly rates for premium South Florida law firm of $300–475 per hour (partners); $185–310 (associates); and $160 (paralegals)); Red Bull GMBH v. Spacefuel Corp., No. 06–20948–Civ–Jordan/Torres (S.D. Fla. June 20, 2007) (awarding reduced blended hourly rates for premium Washington D.C. and South Florida law firm of $400 for partners and $250 for associates).

(H/T to SouthFloridaLawyers.blogspot.com)

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