Can I claim time for work performed by a partner or associate?
Posted: April 1, 2014
FAQ Type:
Answer:
The Guide to Judiciary Policies and Procedures allows co-counsel only in exceptional circumstances, but it does permit a partner or associate of a CJA member to assist in a case. A firm member, however, cannot participate to such an extent that he or she is effectively representing the client or is effectively co-counsel in the case. Additionally, unless the court appoints the partner or associate as co-counsel, he or she cannot be paid for simultaneous court or trial appearances. Thus, a member of the firm can work on the case and appear on occasion for the appointed attorney, but he cannot take over the case or effectively work as co-counsel in the case, even if the partner or associate is a CJA Panel member.
When appointed counsel claims time for services furnished by a partner or associate, counsel must separately identify that person, the work performed, and
time on separate worksheets. The hours are not an expense of counsel and they do count toward the maximum case compensation limits. For cases filed on or after September 1, 2013, the partner/associate rate is $80-$90 per hour.