WA 6 - Memo to Judge re Motion for Attorney Fees as his law clerk.

Due Tuesday, April 8, 2014 at NOON by uploading to your Class-Name Clio matter

MEMO

To: GSU Spring 2014 Fundamentals of Law Practice Student
Fr: Judge Cox
Re: Petitioner's Motion for Attorney Fees filed by [YOUR NAME]

Please review the attached Motion for Attorney Fees filed by [YOUR NAME] on behalf of the Petitioner in ___ v ____. In this case, I signed a 12-Month Temporary Order of Protection after [an evidentiary hearing][when the respondent failed to appear][the parties negotiated agreement to the terms]. Petitioner therefore is a prevailing party OCGA 19-13-4 authorizes me to to "award costs and attorney's fees go either party" in an action brought pursuant to Family Violence Act.

Award of attorney fee and costs, however, can only be authorized "if there is sufficient proof of the actual costs and the reasonableness of those costs." Dave Lucas Co. b Lews, 666 S.E.2d 576, 581 (Ga.App. 2008). An application for attorney fee's can be rejected in whole or in part if the attorney's affidavit "fails to demonstrate the function or substance of the task with sufficient particularity" to enable the court to determine the reasonableness of the fee requested for that task. Id. The requirement of particularity is not avoided by a claim that the attorney is asking for less than the number of hours actually expended. Id.

Please review the time records attached to the motion and write me a memo no longer than one page (single spaced) analyzing the time records according to the standards set out above, identifying for me any specific entries that you think may fail to meet these standards. After reading your memo I will decide whether to grant the motion for the entire amount requested, award a reduced amount, deny the motion, or require the attorney to resubmit the motion addressing any deficiencies you identify. It is not acceptable to write a memo merely approving the time entries; you must justify any recommendation you make.

Note: your Motion for Attorney Fees and attached hours is being scanned for uploading to your Class-Name matter. If you did not keep a complete copy, and the motion is not yet uploaded to your Class-Name matter, please ask our assistant, Karen Butler to email it to you: kpbutler@gsu.edu.