D. Oregon cuts commercial fee award 10%, including for clerical work

What happened

Old Republic Surety Company, represented by Bullivant Houser Bailey PC, sought $17,483.38 in attorney fees under a contract fee clause. The court awarded $15,735.04, a reduction of $1,748.34, or 10%. The court applied a 10% cut because counsel billed small amounts of time for simple emails or clerical tasks, and a further 10% cut because the total hours exceeded those in comparable litigation in the district for a relatively straightforward surety action that was ultimately unopposed.

What the court said

counsel billed .1 to .2 hours for sending or receiving what appear to be simple emails or clerical tasks

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows courts will reduce fee awards when time entries include clerical tasks billed as legal work and when total hours exceed what comparable cases require, even in an unopposed action. It underscores that time records must distinguish legal work from administrative tasks and reflect reasonable hours for the matter.

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. Oregon approves and attorney fee motions in Oregon 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.