M.D. Tennessee cuts consumer protection fee award over missing contemporaneous records

What happened

Boon Legal LLC, counsel for the fee applicant, sought fees in this consumer protection case. The court declined $47,450 in claimed fees. It found the declaration described the amounts as comparable to what a certain number of hours would earn but gave no actual accounting of hours worked, and that without information on time actually expended the court could not assess reasonableness. The court awarded fees for 20.9 hours.

What the court said

While the declaration describes these amounts as “comparable” to the amount that would be earned by working a certain number of hours, there is not an actual accounting of hours worked.

Because the Court has no information regarding the amount of time actually expended it is impossible to determine whether the time expended was reasonable or not.

Why it matters

The ruling shows that a fee petition needs an actual accounting of hours worked, not a figure described as comparable to an hourly total. Where the court cannot see the time actually expended, it cannot test reasonableness, and the claimed amount may be cut even when the applicant's declaration is otherwise detailed.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the M.D. Tennessee approves and attorney fee motions in Tennessee 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.