D. Arizona cuts fee award 59.8%, including for clerical work

What happened

Smith requested $43,000 in attorney fees. The bankruptcy court awarded $17,308.75, a reduction of $25,691.25 or 59.8%. The court found the fees for litigating Rico's interest in the home unreasonable, the fees for an adversary proceeding Smith filed and dismissed the same day unreasonable, and the fees for an adversary proceeding regarding a class action settlement not necessary and providing no benefit to the Estate. It also held Smith could not recover fees for trustee duties. Additional reductions were made because Smith billed his hourly rate for tasks that could have been performed by a non-lawyer, such as a paralegal. The district court affirmed.

What the court said

additional reductions were necessary because Smith requested fees at his hourly rate for tasks he performed that could have been performed by a non-lawyer, such as a paralegal.

The court also reduced the award for: excessive hours, unrelated claims, unrelated claims, other.

Why it matters

The ruling shows that courts will reduce fee awards when time records include tasks that could have been performed by non-lawyers and when billed work is unrelated or not compensable, even if the applicant is an attorney representing himself.

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. Arizona approves and attorney fee motions in Arizona 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.