New math: Attorneys’ fees multiplier adds to litigation price tag

After years of litigation, an employer had finally settled a sexual harassment claim against it. But there was still one more loose end, which would have a price tag of another $500,000, plus attorneys’ fees and costs.

No trial, but over $500,000 in fees and costs

In 2018, Pamela Pollock sued her supervisor Michael Kelso for sexual harassment and refusing to promote her because of her race. She alleged he asked her for sexual intercourse in 2016, and she claimed after she rejected him, he promoted five less qualified people of other races to positions she sought.

During the course of the litigation, the parties argued appellate issues that went all the way to the California Supreme Court, which sent the matter back to the trial court, with an order that Pollock receive her attorneys’ fees and costs through the appeal.

Pollock asked for $526,475 in attorneys’ fees, and the trial court awarded $493,577. Kelso appealed the award. They settled the underlying lawsuit for an undisclosed sum, leaving open only Kelso’s appeal over the amount of attorneys’ fees she should receive.

Trial courts given wide discretion on attorneys’ fee awards

Trial courts have an unparalleled perspective on who is a prevailing party. They are uniquely positioned to observe telltale ephemera, such as the parties’ reflexive reactions when the verdict is announced. Trial judges are in the best position to evaluate attorneys’ fees awards. They see the lawyers’ day-today labors and can judge quality over the long haul. Awarding fees is a recurring task on a trial court’s docket.