Know Your Relevant Community and Prevailing Market Rates

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Do you know your community's prevailing market rates?

It has become increasingly important to be familiar with your relevant community and its current market rates when applying for attorneys' fees. For example, the Ninth Circuit recently held that in attorneys' fees awards under the Longshore and Harbor Workers’ Compensation Act ("LHWCA"), the Benefits Review Board ("BRB") should have made findings regarding the relevant community and the current prevailing rates. Christensen v. Stevedoring Services of America (9th Cir., March 2, 2009); and Van Skike v. Director, Office of Workers' Compensation Programs (9th Cir., March 2, 2009).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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