D. Arizona cuts commercial fee award 16.4%, including for clerical work

What happened

Meister Seelig & Fein PLLC sought $385,279 in fees for USAA Casualty Insurance Company. Judge Steven P. Logan awarded $322,067.50, a reduction of $63,211.50. The court cut $30,840 for 102.8 hours of clerical work billed as legal work and reduced block-billed entries by 20 percent, or $23,695. It also reduced fees for work on unrelated claims, struck $526.50 in entries, and cut $2,750 for other reasons.

What the court said

At LAH's rate of $300 per hour, elimination of these entries totaling 102.8 hours results in a $30,840 reduction in the fee award.

Thus, the Court will reduce the block billed entries (totaling $118,475) by 20 percent ($23,695).

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

Why it matters

The ruling shows that courts will separate clerical tasks from legal work and apply percentage cuts to block-billed entries when time records do not allow line-by-line review. It also shows that fees for work on unrelated claims can be removed even when the overall request is otherwise supported.

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.