D. Massachusetts cuts fee award, including for block billing

What happened

Parsons Behle & Latimer sought fees for 11,630 hours in a case against Fresenius Medical Care Holdings. The court did not state dollar totals. It reduced the total fee request by 5% over recordkeeping errors, 10% for billing in twelve-minute increments, 10% for block billing, vague entries, and indications of non-contemporaneous records, 5% for clerical work billed as legal work, 3% for travel time, 6% for partner-level work on basic tasks, and 1% for time spent on the fee arrangement.

What the court said

There is also evidence in the billing records of practices that make it difficult—if not impossible—for the Court to conduct meaningful review, such as block billing, vague time entries, and some indications of a lack of contemporaneous record keeping.

There is also evidence in the billing records of practices that make it difficult—if not impossible—for the Court to conduct meaningful review, such as block billing, vague time entries, and some indications of a lack of contemporaneous record keeping.

There is also evidence in the billing records of practices that make it difficult—if not impossible—for the Court to conduct meaningful review, such as block billing, vague time entries, and some indications of a lack of contemporaneous record keeping.

Consequently, the Court reduces the total fee request by five percent.

The court also reduced the award for: other, excessive hours, travel time, other, other.

Why it matters

The ruling shows that a fee applicant's time records are themselves reviewed for reliability. Block billing, vague entries, and signs that records were not kept contemporaneously can each draw a percentage cut, even where the court does not state a dollar total.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

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