Attorney Fees: Freedom of Information Act

The United States Court of Appeals for the Second Circuit ruled today that lawyers who represent themselves in a federal Freedom of Information Act (FOIA) suit are not entitled to an award of attorney fees when they prevail in the litigation. Pietrangelo v. United States Army.

The FOIA statute, 5 U.S.C. § 552(a)(4)(E)(i), provides for the award of legal fees when the plaintiff has "substantially prevailed." The Second Circuit joins other federal circuits which have similarly ruled that pro se plaintiffs who are lawyers are not eligible for attorney fees under the statute.