D. Maryland cuts commercial fee award 3.1% over clerical work

What happened

In Edward G. Rahll & Sons, Inc. v. Everfresh Farms, LLC et al, the fee applicant sought $7,423.50 under a contract fee clause. Judge Brendan A. Hurson awarded $7,191, a reduction of $232.50, or 3.1%. The court identified 1.1 hours of clerical work billed as legal work, comprising 1 hour and 0.1 hour of work. The figures do not include costs.

What the court said

These entries total 1 hour of work billed at $200 per hour, and 0.1 hour of work billed at $325 per hour.

Why it matters

The ruling shows that courts review time entries line by line and will trim even a small award when clerical tasks are billed at attorney rates. It also shows that a documented, itemized reduction can be modest when the problematic entries are few and the court identifies them with specificity.

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. Maryland approves and attorney fee motions in Maryland 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.