Day on Torts
Keeping contemporaneous time records in cases where fee-shifting is allowed just makes sense. Not keeping such records does not make sense. And, if the allegations against one attorney are correct, a lack of candor about whether such records were kept can cause a big, expensive mess.
Result? A forfeiture of a fee claim of $2,000,000 and a sanction of $25,000.
Plaintiff’s lawyers don’t like to keep up with time. Admittedly, it is a pain in rear to do so. But the fact of the matter is that the amount of time spent in a case is a relevant – not determinative – but relevant factor in determining the the reasonableness of a fee in a fee-shifting case and the lack of contemporaneous time records in such cases is always going to cost you money.