S.D. Texas cuts fee award 91.2%, including for block billing

What happened

Saddleback Exploration sought $52,707.50 in fees for 100.8 hours. The court awarded $4,637.50, a reduction of $48,070.00, and allowed 13.25 hours. It excluded 12.5 hours for Harvill because the rate was not established, reduced total hours by 30% for block billing, by 50% for vague entries and unrelated claims, and by an additional 5%, and recalculated the lodestar using a reduced hourly rate. The figures do not include costs.

What the court said

The billing records show Saddleback's counsel frequently engaged in block-billing. ... Therefore, the Court should reduce the total hours by 30 percent.

many of the entries are too vague for the Court to determine whether they relate to the core interpleader functions ... the Court should reduce the hours by 50 percent considering the extreme lack of billing judgment

The court also reduced the award for: other, unrelated claims, other, hourly rate reduced.

Why it matters

The ruling shows that a fee applicant's time records carry the burden: entries too general to tie to the compensable claims, and grouped time entries, can support large across-the-board cuts, and a claimed rate without adequate support can remove an attorney's hours entirely.

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.