Judge Denise Cote

Under separate retainer agreements, Piotrowski, and later Bernstein, represented Brennan in her lawsuit charging New York Law School with violating the Americans with Disabilities Act. District court granted both lawyers withdrawal, and awarded them charging liens—in an amount to be set in the future—prior to settlement of the case. Desiring to fix their liens, Piotrowski sought $84,428 in fees and $728 in expenses and Bernstein sought $47,686 in fees. Adopting a magistrate judge’s recommendation—which departed significantly from their requests—the court awarded Piotrowski $19,800 in fees and $722 in expenses, and Bernstein $14,400 in fees. The magistrate judge found Piotrowski should be compensated at $220 an hour given the uncomplicated nature of his work. Noting Bernstein’s significantly junior experience as compared to Piotrowski, the magistrate judge recommended he be compensated at $180 hourly. The court found that the number of hours for which both attorneys sought compensation far exceeded the norm for a case settled prior to deposition. Nor was Piotrowski’s “inordinate billing” justified by the fact that his opponent was a well-resourced defendant represented by a major law firm.