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

What happened

McPherson's attorneys at Lyngklip & Associates Consumer Law requested $555,039.5 in fees. The court reduced the hourly rate for two lead attorneys, finding the requested rate exceeded the 95th percentile for similar experience, and adopted a rate at the 75th percentile. The attorneys had already removed 7.5% off the top for excess billing, including clerical time, and dropped $8,000 more after Suburban disputed the bill. The court awarded $418,995, a reduction of $136,044.5 or 24.5%.

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 courts will adjust hourly rates to market percentiles and that voluntary reductions for clerical billing may still be scrutinized. It also confirms that appellate courts will defer to district court rate determinations when supported by evidence of prevailing rates for similar experience.

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.