S.D. Alabama cuts commercial fee award 60.3%, including for clerical work

What happened

Helmsing, Leach, Herlong, Newman & Rouse, P.C., sought $25,841.05 in fees and costs under a contract fee clause in Hancock Whitney Bank v. American Rental & Entertainment, LLC. The magistrate judge recommended awarding $10,260, a reduction of $15,581.05 or 60.3%, from 97.5 hours to 42.3 hours. The court excluded 50.4 hours on bankruptcy cases as unrelated to this action, 2.9 hours as duplicative, and 1.9 hours as administrative work by attorneys and paralegals that cannot be recovered.

What the court said

In addition, the Court deems 2.9 hours duplicative and 1.9 hours as administrative work performed by attorneys and paralegals that cannot be recovered.

The court also reduced the award for: unrelated claims, duplicative staffing.

Why it matters

The ruling shows that a fee applicant must tie each time entry to the claims in the case and separate legal work from administrative tasks. Hours on other matters, duplicate staffing and clerical entries were removed before the lodestar was set, even under a contract fee clause.

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. Alabama approves.

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.