More than the East River separates the Southern and Eastern Districts of New York. Despite the proximity of the two districts, and the belief by many local lawyers that their practices extend seamlessly between Manhattan and Brooklyn federal court, the difference in prevailing rates charged by lawyers in those two districts has resulted in a divide that the Brooklyn Bridge cannot effectively span.
The significance of customary local rates in judicially determined attorney’s fees has grown in importance as the U.S. Court of Appeals for the Second Circuit has sought to impose market discipline on attorney’s fees applications, resulting in greater scrutiny of fee applications and more modest awards. As a pair of recent decisions from the U.S. District Court for the Southern District of New York shows, this shift in emphasis in fee-setting jurisprudence is having an impact on the earliest stages in litigation, and throughout the conduct of a case.
The Forum Rule
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