Supremes Allow Paralegal Fees Recovery At Market Rates
Client Alert | less than 1 min read | 06.03.08
Reversing contrary Board and Federal Circuit rulings, the Supreme Court in Richlin Sec. Serv. Co. v. Chertoff (June 2, 2008, http://www.supreme courtus.gov/opinions/07pdf/06-1717.pdf) unanimously ruled that the Equal Access to Justice Act allows a client to recover market rate paralegal fees charged to the client, not just the cost of the paralegal to the attorney retained by the client. The Supreme Court ruled that paralegal fees are implied in the term "attorneys fees" in the statute and are subject to the same per-hour limitations.
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The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”
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