Form 20-4

In 2019, the Texas Supreme Court gave detailed guidance for proving attorney’s fees. See Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019). Rohrmoos Venture adopted the “lodestar method” for calculating fees, which requires the fact finder to multiply the reasonable hourly rate times the reasonable hours worked to determine the lodestar amount. Rohrmoos Venture, 578 S.W.3d at 497–98. To support a lodestar calculation, the attorney’s affidavit and supporting billing records should include specific information based on contemporaneously made time records that include evidence of (1) particular services performed, (2) who performed those services, (3) approxi­mately when the services were performed, (4) the reasonable amount of time required to perform the services, and (5) the reasonable hourly rate for each person performing such services. Rohrmoos Ven­ture, 578 S.W.3d at 498, 502. To show the time worked was reasonable, the practitioner should pro­vide time records, contemporaneously made and attached as exhibits. The affidavit, as well as any supporting billing records, should be consistent internally and should avoid listing hours that are excessive, redundant, or otherwise unnecessary.

It is recommended that the practitioner include in the affidavit a summary of the hours worked on the matter that lists each person who worked on the matter, along with each person’s reasonable and nec­essary hours worked and reasonable hourly rate. The affidavit should also present the experience and legal education for each attorney or paralegal listed in the affidavit.

Client billing records should either be initially created in a way that protects client confidentiality and attorney-client privilege or be redacted appropriately before submission in support of a claim for attor­ney’s fees. See chapter 31 in this manual for more information about proving attorney’s fees.

[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. [Include education and experience of other attorneys or paralegals who worked on the case.]

“Plaintiff employed me to collect the claim on which this suit is based. In consideration for such services, Plaintiff has agreed to pay reasonable attorney’s fees. Between the begin­ning of my law firm’s representation of Plaintiff in this matter and the date of this affidavit, I or other members of my law firm performed and will perform several hours of work on this matter, including doing or causing to be done the tasks described in the billing records attached. These records were kept by my law firm in the regular course of business, and it was the regular course of business of my law firm for an employee or representative, with knowl­edge of the acts, events, conditions, opinions, or diagnoses recorded therein, to make such records or to transmit information thereof to be included in such records; and the records were made at or near the time of the acts, events, conditions, opinions, or diagnoses. The records attached hereto are the originals or exact duplicates of the originals. I am a custodian of these records.

“A summary of the reasonable hours spent on this matter is set out below. The sum­mary lists the reasonable and necessary hours worked by each attorney [include as applicable: , paralegal, and legal assistant] who worked on this matter, along with the reasonable hourly rate of each such person. The hours of work performed by each person were reasonable and necessary, and each person’s hourly rate was reasonable for an attorney [include as applica­ble: , paralegal, and legal assistant] with similar experience and expertise in [city, county] County, Texas. [If paralegal or legal assistant hours are listed, include the following: Hours listed for paralegals and legal assistants represent only substantive legal work performed under the direction and supervision of an attorney.]

“I have reviewed the time records in this case, and I find that all the work performed [include as applicable: by the above-named attorneys, paralegals, and legal assistants] in this case has been reasonable and necessary. The 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].

“In addition, I anticipate having to attend the [default judgment/summary judgment] hearing in this matter, which I anticipate will require an additional [hours] hours of my time at the hourly rate described in my billing records attached hereto.

“It is further my opinion that, if a judgment for Plaintiff were to be unsuccessfully appealed by Defendant, the reasonable and necessary fee for services to be provided would be as follows:

“1.$[amount] for representation in the court of appeals;

“2.$[amount] for representation should a petition for review by the Texas Supreme Court be sought;

“3.$[amount] for representation in the Texas Supreme Court if a petition for review is granted; and

“4.$[amount] for representation through oral argument and the completion of pro­ceedings in 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