Alaska Bar Rule 1.5. Fees. (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.
Alaska Bar Rule 5.1. Responsibilities of Partners, Managers, and Supervisory Lawyers.
Alaska Bar Rule 5.2. Responsibilities of a Subordinate Lawyer. (a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
Alaska Bar Object of Fee Review ◦Appropriate Fee ◦Not Reduction
Alaska Bar Appropriate Fee ◦Effectiveness ◦Propriety ◦Efficiency
Alaska Bar Propriety ◦LBR ◦UST Guidelines ◦Expenses ◦Clerical and Math Errors ◦Local Rules and Practices Travel Summer Associates Attorneys in Court
Alaska Bar 8.5 hr$250 /hr $2, charge Review and analyze documents relating to financial institutions.
Alaska Bar 56 identical sequentical entries: Review/analyze pleadings against financial institutions in connection with gathering factual information to investigate and verify in discovery process.
Alaska Bar 10 hr625 /hr $6, charge travel to Oregon including prep for --- trial
Alaska Bar The worst case scenario is that all entries are rounded upward to the next higher hour or half hour: an entry of X.5 hours may represent X.1, X.2, X.3, X.4, or X.5. The average of these is X.3. The overstatement is 0.2. If fewer than all entries are in even hour or half-hour amounts, an allowance should be made by taking the number of unrounded entries and multiplying it by 125% to allow for the expected number of round hour and half-hour entries. The adjustment factor is then applied to the remaining percentage of entries.
Alaska Bar During the period covered by the Application, Ms. R summarized and updated EES matters 7 times and billed 2.3 hours total with a requested fee of $ That is the only activity on the project. No other timekeeper worked on the project and there appears to have been nothing to update or check.
Alaska Bar T IMEKEEPER D ATE T IME E NTRY O THERS ’ T IMES F9/3Conference regarding Osprey Trust Outline with T. Moser, K. Merschman, J. Crabb, K. Kreinbring. (9.7) Crabb: 8.3 Moser: 0 ( two conferences with M. Daliere and K. Merschman- total 3.5 (Daliere has 0 conferences)) Kreinbring: 0 for day Merschman: 6.0
Alaska Bar Mr. C billed 1.2 hours on May 16 for a conference for which the other two participants billed 0.4 and 0.5 hour respectively. Mr. C billed 0.8 hour on May 17 for a conference for which the other participant billed 0.3 hour. Mr. C billed 1.4 hours on May 19 for a conference for which the other participant billed 0.3 hour. Mr. C billed 0.5 hour for a conference with Mr. Bergeron on May 24. Mr. Bergeron, who routinely recorded his conferences with Mr. C, recorded no conference on that day. Mr. C billed a 0.8 “telecon” with D. Thomas on June 17. Although she billed other items that day, Ms. Thomas made no reference to a conference with Mr. C.
Alaska Bar Matter A12/225.62, Review relevant case law and analyze theories of liability relating to potential Committee claims against third parties on behalf of the bankruptcy estate. Matter B12/228.43, Prepare draft memorandum regarding standing of Committee to pursue various claims against third parties on behalf of bankruptcy estate. Matter A12/235.42, Prepare draft memorandum regarding standing of Committee to pursue various claims against third parties on behalf of bankruptcy estate. Matter B12/238.23, Review relevant case law and analyze theories of liability relating to potential Committee claims against third parties on behalf of bankruptcy estate.
Fee Management- Ex. 1
Alaska Bar The analyst discovered from the invoices that a limo to transport Mr. M to the Yankees playoff game with Anaheim on the evening of October 2 had been charged to Enron…The Committee requests that [the firm] explain how Mr. M. was able to perform the 10.7 hours of services in the table above and still be ready to leave for the Yankees game at 6:20 p.m.
Alaska Bar Mr. M flew to New York on Monday, September 30, and returned on Sunday, October 6. He flew first class both directions. The first class airfares were charged to the estate. He stayed at the Sherry Netherland for $ the first night and $ the next three nights. These luxury room rates were charged to the estate. He checked out of the Sherry Netherland on Friday, October 4, but did not return to Cincinnati. Instead he took a limo to Chappaqua for $ That was charged to the estate. On Sunday Mr. M took a limo from Tarrytown to LaGuardia for $ That too was charged to the estate. When he got back to Cincinnati, he paid $77.00 for seven days of parking at Cincinnati Northern Kentucky Airport. The entire amount was charged to the estate.
Alaska Bar Efficiency ◦Management ◦Staffing ◦Oversight
Alaska Bar Moreno v. City of Sacremento 354 F. 3d 1106 (9 th Cir. 2008)