S.D. Florida cuts disability access fee award 33.8%, including for clerical work

What happened

The fee applicant in an Americans with Disabilities Act case requested $5,290 for 15 hours. The court awarded $3,500 for 10 hours, a reduction of $1,790 or 33.8%. It found some billing entries reflected excessive time on simple tasks, such as filling out a cover sheet and summons form and reviewing routine court orders and docket entries, given counsel's familiarity with ADA cases. It also denied time billed by a legal assistant as clerical in nature.

What the court said

I recommend that the time spent by Mr. Sconzo's legal assistant be denied because it was clerical in nature.

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows courts will reduce fees for time spent on tasks that are routine or clerical, even in a modest request. It also shows that familiarity with a case type can support a finding that certain tasks should have taken less time, and that assistant time characterized as clerical may be excluded.

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. Florida approves and attorney fee motions in Florida 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.