S.D. Illinois cuts fee award 89.2%, including for clerical work

What happened

Bayerlein sought $24,386 in fees and costs, and the court awarded $2,644, a reduction of $21,742 or 89.2%, with the figures including costs. The court said it would be unfair to make Anderson pay all of the requested fees and costs and set a fair amount at ten percent of the request. It also found the hourly rate of Bayerlein's counsel excessive and noted that counsel performed some secretary or paralegal duties.

What the court said

and the performance of some secretary or paralegal duties by counsel

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

Why it matters

The ruling shows that a fee award can rest on the court's overall view of what is fair, not only on line-by-line review of time entries. It also shows courts will separate clerical or paralegal tasks from legal work and will examine the hourly rate when the requested total is reduced.

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 S.D. Illinois approves.

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.