S.D. Florida cuts commercial fee award 17.3%, including for block billing

What happened

Smith, Currie & Hancock, LLP sought $484,298.50 in fees under a contract fee clause. The magistrate judge recommended awarding $400,502.50, a $83,796 reduction. The court lowered several hourly rates for attorneys and paralegals. It applied a 10% across-the-board cut for block billing, clerical work and travel time, and a 25% cut for block billing, unnecessary research and clerical tasks. It also excluded 9.7 duplicative and vague hours and 2 hours of clerical paralegal work.

What the court said

a 10% across-the-board reduction is more appropriate. This reduction reflects the fact that Smith Currie did engage in some inappropriate block-billing and other impermissible billings

a 10% across-the-board reduction is more appropriate. This reduction reflects the fact that Smith Currie did engage in some inappropriate block-billing and other impermissible billings

there are several issues with their timesheets regarding block-billing, unnecessary research, and the performing of ministerial clerical tasks. Consequently, a 25% across-the-board is appropriate.

there are several issues with their timesheets regarding block-billing, unnecessary research, and the performing of ministerial clerical tasks. Consequently, a 25% across-the-board is appropriate.

attorney Silver’s five separate time entries – totaling 9.7 hours – are duplicative and vague.

the two hours paralegal Aldama billed were entirely clerical, as they consisted of “review of docket and preparation of document binder for attorney review,”

The court also reduced the award for: hourly rate reduced, hourly rate reduced, hourly rate reduced, hourly rate reduced, hourly rate reduced, travel time, other, duplicative staffing.

Why it matters

The ruling shows that courts will reduce hourly rates and apply across-the-board cuts when time records show block billing, clerical tasks and vague or duplicative entries, even under a contract fee clause.

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 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.