great risk in pursuing this lawsuit. I shall decline to adjust the lodestar upward for contingency for two reasons. First, plaintiffs did not prevail on the "novel" issue of reverse discrimination. Second, as to the issue on which they did prevail retaliation the evidence was so overwhelming that there was a great probability of success and little risk in developing this portion of the case. See Lindy II, supra, 540 F.2d at 117.
In contrast to the quality of the work in general, which is a component of the reasonable hourly rate, a court may adjust the lodestar where the "lawyer discharged the professional burden undertaken with a degree of skill above or below that expected for lawyers of the caliber reflected in the hourly rates." Lindy II, supra, 540 F.2d at 118. After an evaluation of the results obtained and the methods used in expediting this case, I find that an adjustment of 25 percent upward based on the quality of the work is warranted, despite the fact that plaintiffs' counsel did not specifically request such an adjustment. Plaintiffs' counsel's "all-round performance," id., was of the highest caliber and "the methods utilized in processing the case," id., were efficient and resulted in the matter proceeding expeditiously during the pre-trial, trial, and post-trial phase. True, plaintiffs were not successful on all their claims. However, as to those claims in which they were successful, counsel's resourceful techniques resulted in a substantial monetary settlement for Sokolsky and Coward that was almost comparable to the potential money damages available. Thus, I am persuaded that an increase of 25 percent to the lodestar for the quality of plaintiffs' counsel's work is warranted.
Plaintiffs also claim reimbursement of $ 1,555.52 for the costs of this action. See Appendix B. At the fee petition hearing, counsel stated that two entries of $ 25. each were erroneous and this was deducted. As I did with the lodestar above, I reduce the costs by those amounts clearly attributable to Cohen's portion and the affirmative action aspect of the case.
The $ 4. in notary fees will not be allowed since the federal rules do not require the filing of verified complaints or answers to interrogatories. The witness fees for Swezey and Evans of $ 25. each must be deducted for the same reason that I did not allow compensation in attorney's fees for these two witnesses. There remains $ 1451.42 in costs. As I did with the lodestar, and for the same reasons, this figure will be reduced to a quarter of that amount, $ 362.85.
The final calculation is as follows: