W.D. Texas cuts employment fee award 80.4%, including for clerical work

What happened

The Chavez Law Firm sought $1,281,460 in fees under 42 U.S.C. § 1988 for 1,247.4 hours in an employment case before Judge David C. Guaderrama. The court awarded $251,649.54, a reduction of $1,029,810.46 or 80.4%, covering 730.36 hours. It cut total hours by 44% for limited success, excessive hours, duplicative staffing, clerical work billed as legal work, and vague entries. It also denied fees for 323 legal assistant hours and adjusted an hourly rate.

What the court said

Thus, at Step #1, the Court will reduce the Chavez Law Firm’s hours by 44%—which, as explained above, is mathematically equivalent to the total effective reduction that Judge Montalvo imposed in Ares (a 30% reduction at Step #1 plus a 20% reduction at Step #2).

Thus, at Step #1, the Court will reduce the Chavez Law Firm’s hours by 44%—which, as explained above, is mathematically equivalent to the total effective reduction that Judge Montalvo imposed in Ares (a 30% reduction at Step #1 plus a 20% reduction at Step #2).

the Court accepts Judge Berton’s recommendation to deny Plaintiff’s request for legal assistant fees.

The court also reduced the award for: limited success, excessive hours, duplicative staffing, hourly rate reduced.

Why it matters

The ruling shows that a single percentage cut can rest on several grounds at once, so time records that mix clerical tasks and vague descriptions may be reduced alongside broader factors such as limited success and staffing. It also shows courts separating legal assistant time from attorney fees.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the W.D. Texas approves and attorney fee motions in Texas federal courts.

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