W.D. Texas cuts commercial fee award 12%, including for block billing

What happened

Radiant Plumbing Service sought $321,505 in attorney fees under a contract fee clause. The court awarded $282,921.76, a reduction of $38,583.24 or 12%. It applied a 7% cut to reflect the amount involved and results obtained, and a 5% cut for block billing, duplicative and redundant entries, and administrative work. It applied another 5% for duplicative staffing and a further 5% for clerical work billed as legal work. The hours requested and awarded were both 644.5.

What the court said

the court finds that a reduction of 5% to the lodestar is warranted to compensate for block-billing, duplicative and redundant entries, and administrative work.

the court finds that a reduction of 5% to the lodestar is warranted to compensate for block-billing, duplicative and redundant entries, and administrative work.

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

Why it matters

The ruling shows that a court will reduce a lodestar for recordkeeping problems even when it does not cut hours, applying percentage reductions for block billing and clerical entries. It also shows that fee awards can be trimmed for limited success and duplicative staffing alongside time-record issues.

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 W.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.