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Rule 7.01 - Attorney's Fee and Expenses

(a) BIFURCATED PROCEDURE. Except in a social security action, a party claiming a post-judgment attorney's fee and related non-taxable expenses must obtain an order determining entitlement before providing a supplemental motion on amount.

(b) MOTION ON ENTITLEMENT. Within fourteen days after entry of judgment, the party claiming fees and expenses must request a determination of entitlement in a motion that:

(1) specifies the judgment and the statute, rule, or other ground entitling the movant to the award,

(2) states the amount sought or provides a fair estimate of the amount sought, and

(3) includes a memorandum of law.

(c) SUPPLEMENTAL MOTION ON AMOUNT. Within forty-five days after the order determining entitlement, the party claiming fees and expenses must file a supplemental motion that:

(1) describes the meet-and-confer effort but preserves any confidential settlement communication;

(2) specifies the resolved and unresolved issues;

(3) includes a memorandum of law on any disputed issue;

(4) includes for any disputed rate or hour:

(A) the timekeeper's identity, experience, and qualification;

(B) the timekeeper's requested hours;

(C) each task by the timekeeper during those hours;

(D) the timekeeper's requested rate;

(E) lead counsel's verification that counsel charges the rate requested, has reviewed each task, and has removed each charge for a task that is excessive, duplicative, clerical, or otherwise unreasonable;

(F) evidence showing the reasonableness of the rates based on the prevailing market rate in the division in which the action is filed for similar services by a lawyer of comparable skill, experience, and reputation; and

(5) includes for a disputed non-taxable expense:

(A) a receipt for, or other evidence of, the expense and

(B) lead counsel's verification that counsel incurred the expense.

(d) RESPONSE TO A SUPPLEMENTAL MOTION. A response to a supplemental motion on amount must detail the basis for each Objection, including the identification by day and timekeeper of an unreasonable claim.

(e) ATTORNEY'S FEE IN A SOCIAL SECURITY ACTION AFTER REMAND. No later than fourteen days after receipt of a "close-out" letter, a lawyer requesting an attorney’s fee, payable from withheld benefits, must move for the fee and include in the motion:  

(1) the agency letter specifying the withheld benefits,

(2) any contingency fee agreement, and

(3) proof that the proposed fee is reasonable.