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

Due Tuesday, April 7, 2015 at NOON by uploading to your Class-Name Clio matter

MEMO

To: Student Intern
Fr: Judge Taylor
Re: Petitioner's Motion for Attorney Fees

Please review the attached Motion for Attorney Fees filed on behalf of the Petitioner. In this case, I signed a 12-Month Temporary Order of Protection. Petitioner therefore is a prevailing party and OCGA 19-13-4 authorizes the court to to "award costs and attorney's fees to either party" in an action brought pursuant to theFamily 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: the Petitioner's Motion for Attorney Fees and attached hours is being scanned for uploading to your Class-Name matter.