D. Colorado cuts disability access fee award 11.6%, including for clerical work

What happened

The plaintiff sought $5,065 in attorney fees under the Americans with Disabilities Act. The court awarded $4,480, a reduction of $585 or 11.6%. It denied fees for a duplicative entry on September 16, 2022, cutting 1.2 hours. It also reallocated 2.2 hours of basic research from the attorney to a paralegal, awarding 1.0 hour to the attorney and 1.2 hours to the paralegal. The figures do not include costs.

What the court said

the Court will reallocate the 2.2 hours between Mr. Perez and the law firm's paralegal who could have conducted this basic research. The Court will award 1.0 hour for Mr. Perez and 1.2 hours for the paralegal, Ms. Peraza.

The court also reduced the award for: duplicative staffing.

Why it matters

The ruling shows courts will examine time entries for duplicative staffing and for tasks that could be performed by paralegals. Even small fee requests are subject to line-by-line review, and hours billed at attorney rates for basic research may be reduced or reallocated.

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 D. Colorado approves and attorney fee motions in Colorado 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.