D. Colorado cuts civil rights fee award 16.1%, including for clerical work

What happened

The fee applicant sought $228,270 in attorney fees under 42 U.S.C. § 1988. The court awarded $191,466, a reduction of $36,804 or 16.1%. It deducted 1.2 hours and 1.3 hours billed for clerical or administrative work, and 2.1 hours for duplicative staffing, leaving 288.9 hours for Mr. Hartman. The court also reduced the hourly rate for two attorneys. The figures do not include costs.

What the court said

The Court finds these billing entries to be for clerical or administrative work and, accordingly, applies a 1.2-hour deduction.

Accordingly, the Court will make a 1.3-hour reduction to Ms. Friedhoff's billed time.

The court also reduced the award for: duplicative staffing, hourly rate reduced.

Why it matters

The ruling shows that courts will separate clerical or administrative tasks from legal work when reviewing time records, and will reduce hours for duplicative staffing. It also shows that a reasonable hourly rate is set independently of the hours claimed, so the fee award reflects both the hours allowed and the rates the court finds reasonable.

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. Colorado approves and attorney fee motions in Colorado 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.