E.D. Pennsylvania cuts civil rights fee award 5.5%, including for vague entries

What happened

Rawle & Henderson, LLP, counsel for Sawicki, sought $9,633 in fees under 42 U.S.C. § 1988 for 50.7 hours. Judge Pappert awarded $9,101 for 47.9 hours, a reduction of $532. The court excluded 1.7 hours of vague entries, 0.2 hours and 0.6 hours of clerical work billed as legal work, and 0.3 hours for work on an unrelated matter.

What the court said

So the Court excludes the 1.7 hours related to Hartline and Gehly.

The costs of clerical work “are ordinarily considered to be a part of an attorney’s rate as office overhead” and “will not be compensated.”

The 0.6 hours billed for the waivers of service will be excluded, 9 but not for the reason Sawicki proposes.

The court also reduced the award for: unrelated claims.

Why it matters

The ruling shows that courts will trim fee awards for time entries that do not identify the work performed, for clerical tasks billed at attorney rates, and for work unrelated to the claims on which fees were awarded, even when the overall reduction is small.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the E.D. Pennsylvania approves and attorney fee motions in Pennsylvania 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.