S.D. Texas cuts commercial fee award 20.1%, including for vague entries

What happened

The Johns Law Firm, LLC sought $75,030 in attorney fees under a contract fee clause, based on 115.7 hours. The magistrate judge recommended awarding $59,962.50, a reduction of $15,067.50 or 20.1%, with 92.25 hours allowed. The court deducted 20.2 hours of work on cases other than the one on which the firm prevailed, and 2 more hours for entries unnecessary to this case. It also deducted 1.25 hours on one item, finding .25 hours sufficient to review a two-page order.

What the court said

The Court therefore deducts 1.25 hours from this item, as .25 hours would be sufficient to review the two-page May 4, 2023 order.

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

Why it matters

The ruling shows that a fee applicant must separate time spent on unsuccessful or unrelated matters from compensable work, and that courts will trim entries whose descriptions do not support the time claimed. Even modest line-item deductions can add up across a petition.

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 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.