N.D. Texas cuts fee award 6.2% over clerical work

What happened

The fee applicant, represented by Ayers & Ayers, requested $4,778 in fees and costs. Judge Ed Kinkeade awarded $4,482, including costs, a reduction of $296 or 6.2%. The court excluded 3.7 hours of paralegal fees after finding that, based on the descriptions provided, the work appeared to be solely clerical and should not be billed as legal work.

What the court said

Based on the description provided, the paralegal fees Defendants seek appear to be solely for clerical work. So they should be excluded from the award.

Why it matters

The ruling shows that courts examine time entry descriptions to separate clerical tasks from legal work, and will exclude paralegal time described as clerical even when the overall reduction is small.

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.

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