Local Rule 2016-1: COMPENSATION OF PROFESSIONALS

2016-1 COMPENSATION OF PROFESSIONALS In making a determination on attorneys' fees and fee applications by professionals other than attorneys, the court shall consider the factors announced by the Fifth Circuit Court of Appeals in the case of In the Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir.1977) and Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974), with such changes as may result from continuing jurisprudence or statutory amendment.

A. Factors Relative to Quality of Representation. Among other factors, the court shall consider with respect to the determination of the quality of representation, whether counsel has correctly and effectively performed his duties, including particularly: 1. Whether the debtor was thoroughly interviewed prior to filing; 2. Whether schedules and pleadings are accurate, complete, and professional; 3. The efficiency with which the case was conducted; 4. Whether counsel has been diligent within the rules of professional responsibility to assure that his client fulfills his statutory duties and his duties imposed by the court order; 5. Whether counsel has fully discharged his ethical responsibilities to his client and his professional responsibility to the court; 6. Whether counsel has promptly attended all hearings and has professionally represented his client at those hearings.

B. Data Supplied in Substantiation of Fees. To allow the court to efficiently consider the applicable criteria, an application for professional's fees shall include the information listed below. (A sample format appears at Local Bankruptcy Rule 9009-1 Form No. 7).

1. The caption of the application shall recite the name of debtor, the case number, and a heading "Application for Compensation." The caption shall state whether this is the first, second, etc., or final application for compensation and on whose behalf it is filed. The application shall recite the following:

(a) The date the debtor filed the petition;

(b) The date the court authorized the employment of the applicants;

(c) If it is a first application, it shall recite the retainer received by the applicant. If it is a subsequent application, it shall state the date of all prior applications and the amounts approved by the court;

(d) Any list of extraordinary circumstances involved in the case. As a guide, the factors set out in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974) should be considered. If the case does not involve extraordinary factors concerning an item, the applicant should state "None" or "not applicable." Those factors are:

(1) The novelty and difficulty of the questions;

(2) The skill required to perform the legal services properly;

(3) The preclusion of other employment;

(4) The customary fee;

(5) Whether the fee is fixed or contingent;

(6) Time limitations imposed by the client or circumstances;

(7) The amount involved and the results obtained;

(8) The experience, reputation and ability of the attorney;

(9) The "undesirability" of the case;

(10) The nature and length of the professional relationship;

(11) Awards in similar cases.

(e) The period covered by the Application;

(f) The amount requested for legal services; and

(g) The amount requested for expenses.

2. Attached to the application shall be exhibits which include the following:

(a) A chronological listing of all the time for which the application is requesting compensation, whether it be attorney, paralegal, or law clerk time; the list should show the amount of time devoted to the case on each date and the legal services performed in that time.

(b) A summary sheet which shows by project category:

(1) The amount of time spent by each attorney and the hourly rate;

(2) The amount of time spent by law clerks and the hourly rate; and

(3) The amount of time spent by paralegals and the hourly rate.

(c) A summary sheet which itemizes all expenses, including copies, telephone charges, courier services, witness fees, postage, mileage, etc.

(d) A statement of the legal experience of the attorneys and paralegals involved. Comments concerning the reputation and ability of these individuals may be attached.

C. Applications for Attorneys' Fees. Applications for attorneys' fees shall be filed prior to or accompanied by the notice of the hearing on the same although the notice need not attach a copy of the attorney fee application. The notice may refer to the application on file in the clerk's office, but no hearing will be held or determination reached on a fee application not timely filed with the notice.

D. Notice and Hearing of Fee Applications. The notice for a hearing on an application for attorneys' fees shall require objections to be filed at least seven (7) days prior to the date set for the hearing. There shall be a hearing on each application for attorneys' fees and/or reimbursement of expenses totaling in excess of $1,000.00. Counsel shall attend the hearing.