Local Rule RULE 2016-1: Award of Attorneys' Fees

RULE 2016-1 Award of Attorneys' Fees A. A request for attorneys' fees must comply with Local Rules 9013-1. In addition, it must include the following:

1. A title stating whether it is the first, second, etc., or final application for compensation and on whose behalf it is filed;

2. The date the petition for relief was filed;

3. The date the court authorized the employment of the applicant;

4. Any retainer received by the applicant;

5. The date of and amount of compensation approved in any prior request;

6. A list, if any, of extraordinary circumstances involved in the case;

7. The period covered by the request;

8. The amount requested for legal services;

9. The amount requested for expenses;

10. A breakdown of the fees and costs by type of service. Fees should be itemized in 1/10ths of an hour with no consolidation of time;

11. The work performed and the results obtained;

12. If the work precluded employment by others; and 13. If the work required any particular expertise or was undesirable.

B. The applicant must attach the following exhibits to the request:

1. A listing of all time for which compensation is requested, whether it be attorney, paralegal, or law clerk; the amount of time devoted to the case on each date; and the legal services performed in that time.

2. For applications of greater than $10,000.00, a summary sheet that reflects the amount of total time spent and its value for each attorney, law clerk or paralegal requesting compensation.

3. A summary sheet that itemizes all expenses, including copies, telephone charges, courier services, witness fees, postage, mileage, etc.

C. Requests for fees of less than $1,000.00 can be made by ex parte motion, with twenty-one (21) days notice.

D. Request for additional fees in a chapter 13 case 1. If a fee application for legal services includes the filing of pleadings, the application should describe the pleading(s) filed, if opposition was filed, if a hearing was required, and if so, when it was held as well as the results obtained. General descriptions of pleadings should be avoided.

2. If applicable, a fee application should include the docket numbers of any pleadings filed and for which compensation is requested; if relevant, the docket numbers for any pleadings in opposition to the original effort for which compensation is requested and the resulting order.

F. A fee application should contain a statement as to any benefits received by the person required to satisfy the proposed fees. Applications that do not include the above described information may be denied or set for hearing for failure to follow proper procedures.

See Local Rule 2002-1(A)(2).