How to Prepare a Fee Petition

Preparing a Persuasive and Credible Fee Petition

A well-prepared fee petition does more than present totals. It provides a clear, organized, and credible explanation of the work performed, why it was necessary, and how the requested amount aligns with governing legal standards.

Courts routinely evaluate fee petitions involving substantial hours, multiple timekeepers, and complex case histories. The strongest petitions anticipate the court’s questions, address common concerns proactively, and demonstrate a disciplined approach to billing and case management.

1. Understand the Legal Standard Before You Begin

Different cases fall under different frameworks, such as:

• Lodestar analysis (reasonable hours × reasonable rates).
• Statutory or contractual fee-shifting provisions.
• Jurisdiction-specific multifactor tests.
• Local rules governing the form and detail of fee petitions.

An effective petition cites and applies the correct standard upfront, framing the entire request around what the court must decide.

2. Organize Billing Records Clearly and Cohesively

Organization is one of the strongest indicators of credibility. Courts expect billing records to be:

• Chronological, complete, and internally consistent.
• Free of vague entries, block billing, and redundant tasks.
• Accompanied by summaries showing totals by phase, task, and timekeeper.

Many courts prefer petitioners to include charts or tables that give a clear overview of how time was allocated throughout the case.

3. Provide a Strong Supporting Narrative

A compelling narrative connects the facts of the case to the billing records, giving the court context for the hours billed. The narrative should:

• Describe major case events and how counsel’s work advanced the matter.
• Explain significant time investments or strategic decisions.
• Highlight efficiencies or limited staffing where appropriate.

The narrative does not substitute for the billing entries but enhances the court’s understanding of them.

4. Demonstrate Billing Judgment

Courts expect petitioners to scrutinize their own time entries before submission. Demonstrating billing judgment may include:

• Voluntary reductions or write-offs for inefficiencies.
• Adjusting entries where staffing was excessive.
• Removing administrative or clerical tasks.

Courts often note the absence of billing judgment as a factor supporting reductions. Including voluntary adjustments enhances credibility.

5. Support Hourly Rates With Evidence

Petitioners must justify their requested rates, particularly when they exceed local norms. Common supporting evidence includes:

• Declarations describing the experience and specialization of each timekeeper.
• Market-rate surveys or court decisions approving comparable rates.
• Descriptions of unique subject-matter expertise relevant to the case.

Rate justification is especially important in fee-shifting cases or when out-of-district counsel is involved.

6. Address Anticipated Objections Directly

Effective petitions anticipate and respond to likely objections, such as:

• Allegations of block billing or vague entries.
• Concerns about excessive staffing or duplication.
• Questions about the necessity of research or drafting time.
• Challenges to hourly rates or time spent on unsuccessful claims.

Responding proactively strengthens the petition and reduces the need for supplemental briefing.

7. Include Supporting Documents and Exhibits

Courts expect accompanying documentation that allows them to verify both the hours and the overall accuracy of the billing record. Supporting materials may include:

• Billing summaries, task-based compilations, and timekeeper totals.
• Work product excerpts that demonstrate effort and complexity.
• Case chronology or timeline exhibits.
• Declarations from counsel and fee experts.

The goal is to present a cohesive, self-contained petition that enables efficient judicial review.