Form 20-2

Prove-Up of Attorney’s Fees

My name is [name of attorney]. I am an attorney licensed to practice law in the state of Texas, and I have been licensed to practice law in Texas since [year]. [Describe board certifi­cations, special recognitions, and other relevant achievements.]

I have represented clients in family law cases since [year] and have the experience and the ability to handle family law cases similar to this one. [Mark and offer C.V. into evidence.]

On [date], [name of client] hired me and my law firm to represent [him/her] in this case. At that time, [name of client] signed an employment contract with my firm that contained the firm’s billing rates. [Name of client] agreed to pay me at the hourly rate of [number] dollars ($[amount]) [,/and] a legal assistant at the hourly rate of [number] dollars ($[amount]) [include if applicable: , and other attorneys in my law firm with hourly rates ranging from [number] dollars ($[amount]) to [number] dollars ($[amount])]. [Mark and offer employment contract into evidence.]

In addition to me, other attorneys and legal assistants employed by the law firm worked on this case. The names of the other attorneys who worked on this case are [names]. Each attorney who worked on this case is licensed to practice law in the state of Texas. [Specify licensing date and describe qualifications for each attorney.]

The name of the legal assistant who worked on this case is [name of legal assistant]. This legal assistant is qualified by experience and training to perform the services provided in this matter. [Describe qualifications.] This legal assistant performed work under the supervi­sion of an attorney. The work performed by this legal assistant was the type of work that would traditionally be done by an attorney, such as [describe work].

I am familiar with the fees customarily charged in this locality for legal services in fam­ily law cases. The rates charged in this case that are reflected in the employment contract entered into evidence as Exhibit [exhibit number/letter] are usual and customary in [county] County, Texas, for family law cases like this one.

All the work performed by the lawyers and legal assistants during the representation is described in my law firm’s billing records, which I have marked for identification purposes as Exhibit [exhibit number/letter].

These billing records marked for identification purposes as Exhibit [exhibit number/let­ter] were generated by my firm during the representation contemporaneously or reasonably close to the time that the work was performed.

The billing records marked as Exhibit [exhibit number/letter] were prepared and main­tained in the regular course of business of [name of law firm]. It is the regular practice of [name of law firm] to have these records prepared and reduced to writing. The billing records marked as Exhibit [exhibit number/letter] were either prepared by an employee or representa­tive of [name of law firm] who has personal knowledge of the information contained in them or, at least, prepared from information transmitted by an employee or representative who had personal knowledge of the events and conditions described in the billing records. The entries contained in the billing records marked as Exhibit [exhibit number/letter] were prepared at or near the time of the events and conditions described in the records or, at least, reasonably soon thereafter.

These billing records provide a detailed description of each task performed during the representation, identify the attorney or legal assistant who performed each task, state the amount of time taken to complete the tasks, and show the amount charged for the tasks that were performed. These billing records also reflect all expenses incurred in connection with the representation.

These billing records have been redacted to remove privileged information but still con­tain sufficient detail to allow for a meaningful review to determine the reasonableness and necessity of the fees charged. The fees reflected in these billing records are only for claims for which attorney’s fees are recoverable, and all attorney’s fees that were incurred in connection with any claims for which attorney’s fees are not recoverable have been segregated from this fee request.

These billing records reflect legal fees only in connection with the [specify type of pro­ceeding, e.g., modification]. These billing records do not reflect legal fees incurred in connec­tion with any other proceeding that was pending at the same time [specify other proceeding, e.g., enforcement]. All legal fees and expenses incurred in connection with other related pro­ceedings were kept under a separate client-matter number and are reflected in separate invoices.

In this case, [name of attorney] spent [number] hours on this litigation, which, multi­plied at the hourly rate of [number] dollars ($[amount]), equals [number] dollars ($[amount]) in attorney’s fees incurred. [Repeat for additional attorneys if applicable.]

Additionally, [name of legal assistant] spent [number] hours on this litigation, which, multiplied at the hourly rate of [number] dollars ($[amount]), equals [number] dollars ($[amount]) in legal assistant fees incurred in this matter.

At this time, I would offer into evidence what has been marked for identification pur­poses as Exhibit [exhibit number/letter], which is a [Petitioner/Respondent]’s Summary of Attorney’s Fees, Legal Assistant Fees, and Expenses as an aid to the Court.

Pursuant to this summary marked as Exhibit [exhibit number/letter], the total amount of attorney’s fees, legal assistant fees, and expenses incurred in this matter is [number] dollars ($[amount]). This amount is reasonable and necessary, taking into account the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to per­form the legal service properly; the fees customarily charged in the locality for similar legal services; the amount involved and results obtained [explain as applicable]; the time limitations imposed by the client or by the circumstances [explain as applicable]; the nature and length of the professional relationship with the client; the experience, reputation, and ability of the law­yer or lawyers performing the services [explain as applicable]; and the uncertainty of collec­tion before the legal services have been performed. Furthermore, by accepting employment in this case, I was precluded from accepting employment in other matters [explain as applicable].

[If fees are high, describe special issues, circumstances, or problems.]

Your Honor, at this time we request that the Court award [name of client] a judgment for attorney’s fees in the amount of [number] dollars ($[amount]).

Your Honor, we are also seeking a judgment for postjudgment and appellate attorney’s fees in the event [name of opposing party] unsuccessfully seeks postjudgment or appellate relief.

My client seeks [number] dollars ($[amount]) if [name of opposing party] files a motion for new trial; a motion to modify, correct, or reform; a request for findings of fact and conclusions of law; or [other postjudgment filings, as applicable] in this cause. This amount was determined as follows:

•   [Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services, e.g., prepare motion, prepare affidavit, prepare reply, con­duct legal research, review trial record, etc., and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reason­able and necessary.

My client seeks [number] dollars ($[amount]) if [name of opposing party] sets a motion for new trial; a motion to modify, correct, or reform; or [other postjudgment filings, as appli­cable] for hearing. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services, e.g., hearing preparation and attendance, preparation of order, etc., and include number of hours and hourly rate for each task]. These ser­vices and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if [name of opposing party] perfects an appeal to the court of appeals. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services, e.g., review record, prepare docketing statement, etc., and include number of hours and hourly rate for each task]. These services and esti­mated time are reasonable and necessary. [Name of attorney]’s hourly rate is [num­ber] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if my client files an appellate brief with the court of appeals. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if there is oral argument in the court of appeals. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if [name of opposing party] files a peti­tion for review with the Supreme Court of Texas. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if the Supreme Court of Texas requests that my client file a response to a petition for review. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if briefing on the merits is requested by the Supreme Court of Texas. This amount was determined as follows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

My client seeks [number] dollars ($[amount]) if a petition for review is granted by the Supreme Court of Texas and oral argument is granted. This amount was determined as fol­lows:

•[Name of attorney] will have to spend [number] hours performing the following ser­vices: [describe services and include number of hours and hourly rate for each task]. These services and estimated time are reasonable and necessary. [Name of attorney]’s hourly rate is [number] dollars ($[amount]), which is reasonable and necessary.

Therefore, Your Honor, we request judgment for attorney’s fees on appeal in the total sum of [number] dollars ($[amount—sum of each stage above]). Further, we request that any judgment for attorney’s fees on appeal be subject conditioned on an unsuccessful appeal and subject to remittiturs as necessary.

THAT’S ALL I HAVE, YOUR HONOR.