N.D. Texas cuts commercial fee award 1.4% over clerical work

What happened

Flying R Aviation sought $214,832 in attorney fees under a contract fee clause, based on 398.9 hours. Judge Jane J. Boyle awarded $211,922, a reduction of $2,910, or 1.4%. The court declined to award fees for work performed by a paralegal or legal assistant, finding that such clerical work could not be billed as legal work. The figures do not include costs.

What the court said

Accordingly, the Court cannot award Flying R the fees for work done by the paralegal or legal assistant.

Why it matters

The ruling shows that courts review time entries by task and will separate clerical or paralegal work from attorney work when applying a contract fee clause. Even a small share of entries for nonattorney tasks can draw a specific deduction, and the court will identify the amount rather than adjust the rate.

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 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.