FCPS Spends Average $425 Per Hour to Defend Itself, School Board in FOIA Lawsuit

Fairfax County Public Schools was billed $106,130.52 in January by the McLean law firm defending it and the Fairfax County School Boardin a Virginia Freedom of Information Act lawsuit brought by Fairfax County parent Jill Hill.

In the lawsuit, Hill accuses FCPS and Fairfax County School Board members of violating state FOIA and open meetings laws. Members discussed their positions, in e-mails, on whether or not to close the Clifton School prior to a vote taken at a board meeting on July 8th, when they voted to close the school. Attorneys hired by FCPS argued that the e-mails did not constitute "meetings."

McLean law firm Hunton & Williams billed FCPS for 251.25 hours in January, which translates to an average hourly rate of close to $425 an hour. Hourly billing rates typically vary depending on the experience of a lawyer or staff member.

FCPS does receive a 15 percent discount on its legal fees with Hunton & Williams, which saved them $18,554.81 on the bill.

It's likely that Hunton & Williams will bill for even more hours in February and March, since it lead up to the recent "evidentiary hearing" held in Fairfax County Circuit Court March 2-3 before Judge Leslie Alden.

Attorneys for both FCPS and Hill will file post-trial briefs later this month with the court.