See this story about a court disallowing some over-the-top expenses (here), especially the last three paragraphs. Hat tip to Prof. Jessica Gabel for sending me the link to that article.
My take: orders to show cause can be embarrassing. Being the focus of a story about one's out-of-control expenses is always embarrassing.
Maybe the speed of law practice is such that it makes it difficult for those lawyers submitting fee apps to a court from reading the line-by-line detail of each bill, but scrimping on time reading attachments that get filed with a court is probably not the best place to save that precious time. I would hope that the same billing judgment that should operate when sending bills to a client would also apply when submitting fees and expenses to a court.
I wrote a couple of articles about fees and expenses: see here and here. The latter piece includes a long discussion about the book Professional Fees in Corporate Bankruptcies, by Professors Lynn LoPucki & Joseph Doherty. I agreed with a significant portion of what LoPucki & Doherty said in the book. (I disagreed with some other parts, but then, no book's perfect.) The book is a good read: useful and clear, with some striking discussions about their data.
Bottom line about this news story that started my post: not everything is billable. Not by a long shot. And until lawyers return to the days where they understand that concept, there will be more stories like the one in law.com.
1 comment:
Those who stay willfully silent about cronic bad faith - are duplicitous via apathy.
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