S.D. Texas cuts fee award 30.7% over block billing

What happened

The fee applicant sought $7,324.56 under a contract fee clause. The court awarded $5,077.50, a reduction of $2,247.06 or 30.7%. It cut $1,012.50 because counsel lumped services together, making it impossible to tell how much time went to individual tasks. It also disallowed $562.50 for clerical work billed as legal work. The figures do not include costs.

What the court said

Specifically, it adjusted the bill by $1,012.50, finding that it couldn't determine how much time was spent on individual tasks due to counsel to Ovation Services "lumping services."

It also disallowed fees "on account of clerical work" in the amount of $562.50.

Why it matters

The ruling shows that courts will reduce fee awards when time entries combine tasks, because the court cannot check whether each task was billed reasonably. It also shows that clerical tasks billed at legal rates are subject to disallowance, even under a contract fee clause.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

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.