N.D. Texas cuts commercial fee award over clerical work

What happened

Bank of America NA sought attorney fees under a contract fee clause in its suit against Ztar Mobile Inc and others. The court did not state totals for the fees requested or awarded. It awarded 235.1 hours and, acting on its own, excluded from the request billing entries by two paralegals for 2.1 hours, totaling $609, for time spent on what appeared to be clerical or administrative tasks rather than legal work.

What the court said

the Court, on its own, will exclude from BANA's request billing entries by two paralegals for time spent on what appear to be clerical or administrative tasks

Why it matters

The ruling shows a court will review time entries line by line for clerical or administrative tasks even when no party raises the issue, and will remove those hours from a fee award on its own initiative. It also shows that paralegal time is compensable only when the work is legal rather than clerical.

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 N.D. Texas approves and attorney fee motions in Texas federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.