On Feb. 20, 2009, Chief Judge Kevin J. Carey of the U.S. Bankruptcy Court in the District of Delaware made clear that it was he who denied Sidley Austin the $1,100-per-hour billing rate. Judge Carey flatly stated in a hearing that “[t]o the extent that this applicant or any other hits [the $1,000] mark, I will require evidence in support of that rate.”[2] Somehow Judge Carey was able to wrestle the Sidley attorneys off of their $1,100 billing rate to a mere $925 per hour. What gave Judge Carey the authority to modify Sidley’s compensation arrangement? This article will examine that question, including a review of both the statutory provisions (and judicial interpretations of those provisions) and policy considerations surrounding the issue of fee adjustments by the courts.
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