D. Colorado cuts commercial fee award 38.9%, including for clerical work

What happened

Baxter Construction sought $42,730 in fees under a contract fee clause. The court limited review to the portion of the request supported by documentation, then declined fees for hours billed by Mr. Kirchmeier and Mr. Hermosillo, including 47.6 hours billed by Mr. Kirchmeier, and reduced $825 for technical services by Mr. Wang and $630 for calls to a clerk's office. It also cut $30 for a redacted entry. The court awarded $26,097.50, a reduction of $16,632.50.

What the court said

the Court reduces the requested award by $825, the amount billed for technical services by Mr. Wang.

The Court cannot conclude from the invoices that the calls to a clerk's office called upon Mr. Evans's legal expertise, and so the Court will reduce Plaintiff's fee award accordingly by $630.

The court also reduced the award for: other, other, other, other.

Why it matters

The ruling shows that a fee applicant must document each billed entry and that courts will separate clerical or technical tasks from legal work, declining fees for time not shown to draw on legal expertise.

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 D. Colorado approves and attorney fee motions in Colorado 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.