tcdla ::

Information for Court-Appointed Attorneys

Tips

1. Have the clerk of the court print out a list of all the documents in the file of the case. You either wrote them or read them or otherwise acted on them. Make sure you have charged for the time it had to take.

2. Prepare a list of the computer files you and your staff created in the handling of the case. You either wrote them or edited them on the dates shown. Try to assemble every scrap of paper related to the case and see if you spent time creating it or reading and responding to it.

3. If your fax machine will produce a list of incoming and outgoing faxes during the time period, you either sent them or received them, so charge for it.

4. Review your land line and cell phone bills during the time frame. You either made the calls that related to the client or you received them. Don't forget your home numbers. Review the case-related telephone messages your staff has left for you. You had to read it and respond to it. It took time.

5. Review your credit/debit card statements for the time period. You went places, bought things, etc.that related to the case. Charge for the time and expense of the travel and other out of pocket items.

6. Review your case-related emails for the time frame in question. You either wrote them or you read them.

7. Review the court's docket sheet to see if this documents when you were in court, and for how long. If you were required to wait in court for other business to clear, I say charge for the time---but bring something chargeable to do while waiting if you can.

8. Consider charging for paralegal time if the paralegal is qualified and if you have made prior arrangements to do that.

9. Consider comparing notes with co-counsel, if any. You may identify time spent together that one of you has missed.

10. Review the jail visit logs to see if you have missed charging for any visits.

11. Review the case-related cases, etc that you have downloaded from Westlaw, etc--you had to read them. Same for briefs filed by opposing counsel. You likely read at least some of the cases cited.

12. Review the bills and reports of your experts to identify time spent with them and reading their reports.

13. Same for your investigators.

14. If you have used the Internet to conduct fact research, remember to record time for that.

15. Record user charges for subscription services like Accurint and Publicdata.com.

16. Lawyers read, write, think, compute, talk and travel. It all takes time and money, so charge for it.

If this is not covered in some sort of MCLE, it should be, and it might also count for the ethics portion of it, too.

Also, the County Auditor's mission likely includes review of vendor invoices. Perhaps judges could start referring attorney invoices to the auditor when they think they are excessive. Perhaps the County Auditor could develop some expertise in the area. Perhaps the Auditor could be given the authority, upon such a referral, to demand documents like those described above to determine whether a challenged attorney invoice was supported by these third party records or not, etc.

Perhaps all attorney invoices should be paid promptly, but subject to later audit and offset against future invoices if overbilling is found to have occurred.

Also, somewhat as to Hampton's idea of the creation of a fund for litigation expenses, a modest proposal might be to give the lawyers who regularly take court appointed cases free or almost free access to the relevant segments of Westlaw or Lexis, etc. Lawyers who know the currrent law are always an asset to the system, and this would encourage that.