S.D. Texas cuts fee award 98%, including for clerical work

What happened

Berleth sought $473,942.20 in fees. The bankruptcy court identified multiple instances in which he billed time for clerical work, for unnecessary or duplicative work, or for work during pending bankruptcies for which he had no authorization. The bankruptcy court awarded $9,499.50, a reduction of $464,442.70, or 98.0%. On appeal, the district court affirmed the award. The figures do not include costs.

What the court said

the bankruptcy court identified multiple instances when Berleth had billed time he spent for clerical work, for unnecessary or duplicative work, or for work during pending bankruptcies for which he had no authorization

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

Why it matters

The ruling shows that a fee award can be reduced to a small fraction of the request when time entries mix clerical tasks with legal work, include duplicative or unnecessary work, or cover periods in which the applicant lacked authorization to act.

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. 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.