N.D. Texas cuts commercial fee award 40.5%, including for vague entries

What happened

Snell & Wilmer, counsel for the fee applicant, requested $67,645 in fees under a contract fee clause, based on 177.3 hours. Judge Kinkeade reduced the hourly rates for Jones and Comeau-Mayer. He then applied a 20 percent reduction to the requested fees to account for billing judgment and vague time entries, and an additional 25 percent downward adjustment after considering the Johnson factors. The court awarded $40,218.90, a reduction of $27,426.10, or 40.5 percent. The figures do not include costs.

What the court said

The undersigned applies a 20 percent reduction to the requested fees to account for billing judgment and vague time entries.

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

Why it matters

The ruling shows that a fee applicant's time records can draw a percentage cut when entries are vague, and that such a cut may be combined with rate reductions and other adjustments. Courts may apply a single percentage reduction to address both billing judgment and vague entries rather than parsing each entry.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

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