road sign What can make a judge frown upon receiving a request for attorneys' fees?

What can make a judge frown upon receiving a request for attorneys’ fees?

A fee award, cut in half.

You may have done a spit-take when you read this story, about a judge in Texas who granted an award of attorneys’ fees, but halved the awards in two instances.

As the Texas Monthly reports:

“[David] Harper and his fellow lawyers only got half of what they wanted from [U.S. District Judge Jane] Boyle in fees. She cut their $1.2 million request down $600,000 in a recent order in Spear Marketing Inc. v BancorpSouth Bank.”

Discretion being the better part of valor, the attorney himself complained hardly at all, noting that judges “have broad discretion in making attorney fee determinations.”

Maybe it was the $600 an hour being claimed that set the judge off. Or, who knows, there could be many other things that occurred—or didn’t occur—in the lawsuit that informed her decision.

Time and money, the lawyer's calculus. justice scales clock time money lawyer attorney fees

Time and money, the lawyer’s calculus.

In any case, the judge found that the fees were “unreasonably inflated.” Meaning, I suppose, that the more proper course is to reasonably inflate them.

Whatever led to her decision, it had to be a rude wake-up call to the lawyers, who, for planning purposes, probably had certain million-dollar expectations. Who doesn’t like predictable outcomes, after all?

As you dear readers are pretty discreet yourselves, you likely will not reply to my own query to you: Have you been in a fee-award situation in which the judge made such a drastic *gulp* adjustment? Or, put more charitably, what are your best practices for submitting an attorneys’ fee affidavit that garners the judge’s support?

Come to think of it, that could make a terrific magazine article, one that folks would rip out and save.

Write to me at arizona.attorney@azbar.org.

basketball denied tumblr_mucwilVVxM1rc9kago1_400 Win your case. Check. Persuade judge you deserve a fee award. Check. Take the shot, and ...

Win your case. Check. Persuade judge you deserve a fee award. Check. Take the shot, and …