Form 20-4

When appropriate, attach supporting attorney’s fees documentation as exhibits. The practitioner should review recent opinions from the Texas Supreme Court to ensure that the required degree of specificity is included in the attorney’s fees affidavit. See Long v. Griffin, 442 S.W.3d 253 (Tex. 2014), and El Apple I Ltd. v. Olivas, 370 S.W.3d 757 (Tex. 2012).

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Affidavit of [name of attorney]

[for Attorney’s Fees]

BEFORE ME, the undersigned authority, on this day personally appeared [name of affi­ant], who swore under oath that the following facts are true:

“My name is [name of attorney]. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I am the attorney of record for Plaintiff in the above-styled and -numbered cause, and in that capacity I have personal knowledge of the mat­ters set forth below.

“I am a graduate of [specify undergraduate institution and degree]. I am a graduate of [specify legal education]. I have been licensed to practice law in the state of Texas since [date]. I am admitted to practice before [specify court[s]].

“[List any board certifications.]

“[List any professional memberships and/or professional activities.]

“Presently, I am employed by [name of law firm], a law firm having its principal place of business in [city], Texas. I have been with the firm since [date]. My prior employment his­tory as an attorney is as follows: [specify].

“To the extent that I have specialized legal knowledge, it is in the areas of [specify]. My practice, throughout the time that I have been licensed, has included the representation of creditors in suits to collect debts. I am familiar with the types of fees usually and customarily charged in cases of this type in [city, county] County, Texas. It is my testimony that an hourly rate of $[amount] per hour is a reasonable and necessary rate in [city, county] County, Texas, for an attorney with my experience and expertise.

“The attached Exhibit [exhibit number/letter] is a summary of my time in this case before the default judgment hearing. It is taken from the original records, of which I am a cus­todian, of [name of law firm], and it is a summary of records kept in the usual course of busi­ness. The records are [specify, e.g., electronic timeslips] entered at or near the time of the events they describe by a person with knowledge of those events. Specifically, they are records of my time in this case, and I am the person who made the entries. It is a part of the regular course of business of [name of law firm] to make and keep such records.

“I have reviewed the summary of my time in this case, and I find that all the work I have performed in this case has been reasonable and necessary. My fees in the case are rea­sonable and necessary if considered in light of the following factors:

“1.The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform legal services properly: [describe factor].

“2.The likelihood that the acceptance of this case has precluded and will preclude me from accepting other employment: [describe factor].

“3.The fees customarily charged in this locality for similar legal services: [describe factor, e.g., the fees charged by me are usual and customary in [city, county] County, Texas, for a case of this type involving the issues before the Court. A reasonable hourly rate in this matter would be $[amount] per hour. I have expended [number] hours in this matter and antic­ipate expending an additional [number] hours in postjudgment collection.]

“4.The amount involved and the results obtained: [describe factor].

“5.Time limitations imposed by my client or the circumstances: [describe factor].

“6.The nature and length of my professional relationship with my client: [describe factor].

“7.Any experience, reputation, or ability that I may have: [describe factor].

“8.Whether the fee is fixed or contingent: [describe factor].

“It is further my opinion that, if a default judgment in this case were to be appealed, it would be reasonable and necessary for Plaintiff to incur the following additional fees: $[amount] for the time to be incurred in making or responding to an appeal or an application for writ of error to the court of appeals and arguing such an appeal; $[amount] for the time to be incurred in making or responding to an application for writ of error to the Texas Supreme Court; and an additional $[amount] if any such application for writ of error were granted and oral argument had to be made before the Texas Supreme Court.

“The foregoing matters are, within my personal knowledge, true and correct.”

   
[Name of affiant]
Affiant

SIGNED under oath before me on ___________________________________.

   
Notary Public, State of Texas