Case 2:09-cv JWS Document 153 Filed 01/27/15 Page 1 of 5

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1 Case :0-cv-00-JWS Document Filed 0// Page of 0 Tara L. Borelli (Pro Hac Vice) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. 0 Peachtree Street NE, Suite 00 Atlanta, Georgia tborelli@lambdalegal.org Telephone: 0..0 Facsimile: 0.. Peter C. Renn (Pro Hac Vice) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. Wilshire Boulevard, Suite 0 Los Angeles, California prenn@lambdalegal.org Telephone:..00 Facsimile:..00 Daniel C. Barr (Bar No. 00) Kirstin T. Eidenbach (Bar No. 0) Jerica L. Peters (Bar No. 0) PERKINS COIE LLP 0 North Central Avenue, Suite 00 Phoenix, Arizona 0- DBarr@perkinscoie.com KEidenbach@perkinscoie.com JPeters@perkinscoie.com Telephone: Facsimile: Attorneys for Plaintiffs Joseph R. Diaz, Beverly Seckinger, Stephen Russell, and Deanna Pfleger, on behalf of themselves and all others similarly situated UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Joseph R. Diaz; Beverly Seckinger; Stephen Russell; Deanna Pfleger; and Corey Seemiller; on behalf of themselves and all others similarly situated, v. Plaintiffs, Janice K. Brewer, personally and in her official capacity as Governor of the State of Arizona; et al., Defendants. No. CV0-0-PHX-JWS DECLARATION OF MARK I. HARRISON IN SUPPORT OF PLAINTIFFS APPLICATION FOR ATTORNEYS FEES AND COSTS

Wilshire Boulevard, Suite 0 Los Angeles, California 000- Email: prenn@lambdalegal.org Telephone:..00 Facsimile:..00 Daniel C. Barr (Bar No. 00) Kirstin T. Eidenbach (Bar No. 0) Jerica L.

2 Case :0-cv-00-JWS Document Filed 0// Page of 0 I, Mark I. Harrison, declare as follows:. If called as a witness, I would and could competently testify to the facts stated herein, all of which are within my personal knowledge.. I am a member of the law firm of Osborn Maledon, P.A. and have been licensed to practice law in the State of Arizona since and in the State of Colorado since.. Over the past years, with the exception of a judicial clerkship following graduation from law school, I have been continuously engaged in the active practice of law. The bulk of my practice has been in civil litigation and trial work. For the past two decades, my practice has focused increasingly on matters involving legal ethics, lawyers licensure, professional liability, judicial ethics, and risk management for lawyers and law firms.. During the course of my practice, I was involved in the management of my own law firm for more than years and was then a partner and a member of the Ethics Committee of Bryan Cave LLP, an international law firm of more than 00 lawyers, from April, through January, 0. Since January, 0, I have been a member of Osborn Maledon and serve as one of two principal ethics partners for that firm. I have been retained as an expert witness in matters involving legal and judicial ethics in more than cases and have extensive knowledge about the prevailing market rates for attorneys in the local Phoenix, Arizona market, and frequently testify as an expert about the reasonableness of attorneys fees. My professional and extra-curricular activities are set forth in greater detail on my resume, which is attached to this Declaration as Exhibit A.. I have reviewed the Declarations of Daniel C. Barr and Tara L. Borelli in support of Plaintiffs Application for Attorneys Fees and Costs. I am familiar with Mr. Barr s professional reputation in the community, based on his more than years of civil litigation experience, as well as with Perkins Coie. Mr. Barr has an excellent reputation, background, and experience as a lead attorney in complex federal cases in the District of

and have been licensed to practice law in the State of Arizona since and in the State of Colorado since.

3 Case :0-cv-00-JWS Document Filed 0// Page of 0 Arizona. Based on the declarations of Mr. Barr and Ms. Borelli, and my familiarity with Mr. Barr s practice and reputation in the community, and that of Perkins Coie, I have an understanding of the experience and qualifications of the plaintiffs attorneys.. I have reviewed the Court s preliminary injunction order in this matter [Dkt. ], as well as the Ninth Circuit s order affirming this Court s decision. Diaz v. Brewer, F.d 00 (th Cir. ). This was a complex, important, and difficult constitutional case, requiring the high skill level and expertise of Plaintiffs counsel.. I have reviewed the resumes of and rates claimed by the Plaintiffs attorneys in this case. I understand that Mr. Barr is seeking compensation ranging between $0 to $0 per hour, between the years of 0 to. I also understand that Ms. Borelli, who graduated from law school more than years ago, is seeking fees ranging between $0 to $ per hour, between the years of 0 and. Plaintiffs counsel is also seeking the fees for attorneys graduating in the following years, respectively: Rhonda L. Barnes (0 graduate): for 0 to 0, fees of $ to $0 James E. Barton, II (0 graduate): for 0 to 0, fees of $0 to $ Peter C. Renn (0 graduate): for, fees of $ Jerica L. Peters (0 graduate): for to, fees of $0 to $ Kirstin T. Eidenbach (0 graduate): for 0 to, fees of $0 to $0. In my opinion, these hourly rates are within the range of hourly rates charged by attorneys of equivalent experience, skill, and expertise for comparable work in this community.. I understand that Plaintiffs attorneys performed their work on a pro bono basis, essentially working on the contingency that no fees or costs would be recovered unless the Court permitted such recovery pursuant to U.S.C.. When attorneys --

. I have reviewed the Court s preliminary injunction order in this matter [Dkt. ], as well as the Ninth Circuit s order affirming this Court s decision. Diaz v. Brewer, F.d 00 (th Cir. ).

4 Case :0-cv-00-JWS Document Filed 0// Page of 0 bill at their customary hourly rates, those rates generally do not factor in the risk and difficulty of contingency cases. During my years of specializing in litigation, I have come to understand and appreciate the close relationship between the award of reasonable attorneys fees to successful plaintiffs counsel and the enforcement of civil rights laws. 0. I also am familiar with the special difficulties litigating cases against government officials, which tend to be hard-fought. In view of the fact that defendants appealed the preliminary injunction in this case to the U.S. Court of Appeals for the Ninth Circuit, and unsuccessfully sought en banc review and petitioned the Supreme Court for a writ of certiorari, this case was no exception.. Courts are empowered to award fee enhancements, or multipliers, based on various factors, including the time and labor required, the complexity of a case, the skill required, the preclusion of other employment, whether the fee is contingent, the results obtained, and the experience and skill of counsel. Here, Plaintiffs counsel obtained excellent results in a case involving complex and important constitutional law issues. Plaintiffs counsel are highly skilled and litigated the matter on a contingency basis. Awarding multipliers under these circumstances helps to ensure that meritorious cases will be brought to enforce important constitutional rights, despite the risk involved. However, it is my understanding that Plaintiffs counsel are not seeking a fee enhancement or multiplier which, in my opinion, further supports the reasonableness of the hourly rates requested. Pursuant to U.S.C., I declare under penalty of perjury that the foregoing is true and correct. Dated: January, s/ Mark I. Harrison. Mark I. Harrison --

enforcement of civil rights laws. 0. I also am familiar with the special difficulties litigating cases against government officials, which tend to be hard-fought.

5 Case :0-cv-00-JWS Document Filed 0// Page of 0 CERTIFICATE OF SERVICE I hereby certify that on January,, I electronically transmitted the above document to the Clerk s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Charles A. Grube (charles.grube@azag.gov) Kathryn J. Winters (kathryn.winters@azag.gov) I also certify that on January, I transmitted the foregoing document by Federal Express delivery to: Honorable John W. Sedwick United States District Court Federal Building and United States Courthouse West th Avenue, Box Anchorage, AK - /s Tara L. Borelli --

Grube (charles.grube@azag.gov) Kathryn J. Winters (kathryn.winters@azag.

Case 3:11-cv-00719-RBD-JBT Document 16 Filed 09/16/11 Page 1 of 5 PageID 52

Case 3:11-cv-00719-RBD-JBT Document 16 Filed 09/16/11 Page 1 of 5 PageID 52 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PARKERVISION, INC., a Florida corporation, Plaintiff,