Cooper v. Singer

I agree with the court that the appeal from the order denying attorney’s fees is properly before us. I also agree that a contingent fee agreement does not bar recovery of attorney’s fees under § 1988. For reasons that follow, I am unable to accept the rule laid down that a fee agreed on in a private agreement with counsel constitutes the maximum allowable fee.

The statute and its history do not call for such a general limitation. While the court’s concern with windfalls is proper, the statutory command is plain: the standard of a “reasonable attorney’s fee” is the measure in determining a…