[blindlaw] Judge reduces disability costs in fee shifting award

[Don Padou]

Colleagues,

Has anyone had a court hold that costs arising from being blind are 
non-taxable when considering a fee award under a fee shifting statute?

I represent a client who recently prevailed in a Freedom of Information 
Act case.The trial court granted our motion for costs and fees.The trial 
court, however, disallowed costs that I had included that arise from my 
disability (blindness).

Specifically, the trial court disallowed:

1.$800 in costs I incurred hiring an assistant to act as a guide and 
amanuensis during hearings.I pay the assistant $25 per hour.(We are in 
D.C. courts.)

2. $1600 in expenses that I paid to a legal secretary who helps with my 
filings.The secretary proofreads formats and files my motions and 
briefs.I pay her $100 per filing no matter if it is a short motion or 
long motion.

The trial court held that the costs were conservatively calculated, but 
found that they were non-taxable after discussing the matter with other 
members of the court.The trial court seemed to hold that the costs were 
just the overhead of being a blind lawyer.

The cost is a relatively small part of the overall award.I make most of 
my fees from fee shifting statutes and I am concerned about the 
precedent being set.

Thanks for any thoughts.

Don Padou