| name | attorneys-fees-motion |
| title | Motion for Attorneys' Fees |
| description | Drafts post-judgment motions for attorneys' fees using the lodestar method. Covers prevailing party analysis, rate justification, hours documentation, billing judgment, lodestar enhancements, and supporting declarations. Trigger when user needs a fee motion, fee petition, lodestar calculation, or post-trial fee application. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/attorneys-fees-motion |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["drafting","motion"] |
Motion for Attorneys' Fees
Draft a post-judgment fee motion establishing prevailing party status, applying the lodestar method, and presenting a documented fee petition.
Prerequisites
- Final judgment or order establishing prevailing party status
- Fee-shifting authority — statute (e.g., 42 U.S.C. § 1988), contract, or common law basis
- Contemporaneous time records for all timekeepers
- Timekeeper qualifications (CVs, specializations, recognitions)
- Rate evidence — recent fee awards, bar surveys, market data
- Case docket and procedural history
- Local rules on formatting, page limits, and filing deadlines
Quick Start
- Confirm fee-shifting basis and prevailing party status from judgment
- Collect time records, rate evidence, and timekeeper credentials
- Calculate lodestar: reasonable hours × reasonable rate
- Document billing judgment (excluded time) to build credibility
- Draft motion following the section structure below
- Prepare supporting declaration and exhibit index
Motion Structure
I. Caption & Compliance
- Full court name, division, case number, party designations
- Title: "Motion for Award of Attorneys' Fees [and Costs]"
- TOC/TOA if required; verify local formatting rules
II. Introduction
| Element | Content |
|---|
| Moving party | Name + prevailing party identification |
| Fee authority | Statutory citation or contract clause (verbatim) |
| Judgment reference | Date, holdings, relief granted |
| Total fees sought | Dollar amount with breakdown |
| Roadmap | Authority → rates → hours → results |
III. Litigation Narrative
Chronological narrative emphasizing fee-reasonableness factors:
- Nature of dispute — claims, defenses, stakes
- Procedural milestones with dates — motions (with outcomes), discovery, depositions, trial
- Complexity indicators — novel issues, document volume, expert witnesses, party count
- Opposing conduct increasing work — cite specific orders/correspondence
- Quality of representation — favorable outcomes, results achieved
IV. Legal Standard
Present in this order:
- Fee-shifting authority — quote statutory/contractual language verbatim