No Attorney’s Fees For Paralegal Services Under EAJA

Richlin Sec. Serv. Co. v. Chertoff, 2006 U.S. App. LEXIS 31749 (Fed. Cir. Dec. 26, 2006)

After litigation over a contract dispute, the Department of Transportation Board of Contract Appeals (Board) ordered the government to pay wages, payroll taxes, and insurance premiums to Richlin Security Company.  Richlin requested attorney’s fees and assorted costs and expenses under the Equal Access to Justice Act.  Maintaining that the EAJA does not provide for paralegal fees under the fees portion of the statute, the Board reimbursed Richlin for paralegal services at $35 per hour under the expenses part of the statute.  Richlin objected, but the Federal Circuit affirmed.  It noted that the EAJA provides only for the fees of attorneys, agents, and experts, with no mention of paralegals.  Moreover, the legislative history indicates no intent to include paralegals under the fees portion of the statute.  Accordingly, paralegal services are not recoverable as fees, but only as expenses to the attorney.