D. Idaho cuts employment fee award 64.4% over missing contemporaneous records

What happened

The fee applicant sought $37,325.50 under a contract fee clause in an employment case. The court granted the fees requested for one timekeeper, Jones, and denied the fees requested for Trout, Schossberger, Kluckhohn, and Zywicki because their time records were not contemporaneous. The court awarded $13,282.50, a reduction of $24,043.00, or 64.4%. The figures do not include costs.

What the court said

the fees requested for Jones are GRANTED, and the fees requested for Trout, Schossberger, Kluckhohn, and Zywicki must be DENIED.

Why it matters

The ruling shows that a contract fee clause does not relieve counsel of the need for contemporaneous time records. Where the records for individual timekeepers were not kept at the time the work was done, the court denied those fees entirely rather than estimating a reasonable substitute.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the D. Idaho approves and attorney fee motions in Idaho federal courts.

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