Sixth Circuit cuts consumer protection fee award 24.5%, including for clerical work

What happened

Tina McPherson's attorneys at Lyngklip & Associates Consumer Law requested $555,039.5 in fees. The Sixth Circuit, in an opinion by Judge Sutton, awarded $418,995, a reduction of $136,044.5. The court lowered the hourly rate for the two lead attorneys, finding the requested rate exceeded the 95th percentile for similar experience and adopting a rate at the 75th percentile. The attorneys had already voluntarily reduced their total fees by 7.5% to account for excess billing, including clerical time, and by $8,000 more after Suburban disputed the bill.

What the court said

McPherson's attorneys calculated their total fees at nearly $598,000 and then voluntarily removed 7.5% off the top to account for any excess billing, including for clerical time.

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

Why it matters

The ruling shows that appellate courts will scrutinize both hourly rates and the composition of billed tasks. A voluntary cut for clerical work did not prevent further reduction, and the court anchored its rate to prior awards and percentile data rather than the requested figure.

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

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.