UTBMS Code A203 — Opposing Counsel Communications
Communications with opposing counsel or their representatives, including settlement discussions, discovery negotiations, meet-and-confer conferences, and scheduling coordination.
schedule When This Code Is Used
When attorneys are communicating with the opposing party's legal counsel about discovery matters, settlement, scheduling, stipulations, and other matters requiring inter-party coordination.
warning Common Billing Violations
Billing 0.3-hour minimums for every brief email exchange with opposing counsel, including one-line scheduling replies
Over-billing meet-and-confer discussions that are required by court rules but handled inefficiently
Billing preparation time for routine opposing counsel calls that require no preparation
Characterizing adversarial posturing as 'negotiation' to justify higher hour counts
timer Typical Hours
Brief scheduling email: 0.1 hours. Meet-and-confer call: 0.3-1.0 hours. Settlement discussion: 1-4 hours.
flag Red Flags to Watch For
High volume of brief A203 entries at minimum billing increments suggesting rounding abuse
A203 hours for settlement discussions without corresponding client authorization to negotiate
Meet-and-confer entries that do not reference the specific discovery dispute being discussed
A203 entries for communications that should have been handled by letter rather than phone
check_circle Best Practices for Review
Require A203 entries to reference the specific subject discussed with opposing counsel
Establish that scheduling communications are billed at actual time, not rounded to minimums
Mandate client pre-authorization for any settlement discussions billed under A203
Track A203 hours to ensure meet-and-confer requirements are being met before motion filing
link Related Codes
analytics Key Statistics
Opposing counsel communications account for 3-6% of total billed hours in contentious litigation matters
Source: Thomson Reuters Legal Department Benchmarking Report, 2024
Effective meet-and-confer communications resolve 60-70% of discovery disputes without court intervention, saving $20,000-$40,000 per dispute
Source: RAND Institute for Civil Justice, 2023
Frequently Asked Questions
What does UTBMS communication code A203 cover? expand_more
UTBMS code A203 covers Opposing Counsel Communications including settlement discussions, discovery negotiations, meet-and-confer obligations, and all correspondence with opposing parties' attorneys. It tracks the cost of adversarial party communications.
How should opposing counsel communication costs be managed under A203? expand_more
Require descriptions of the purpose and substance of each communication. Challenge excessive hours for routine discovery correspondence. Set expectations that meet-and-confer discussions should be proportional to the disputed issue and track whether these communications reduce motion costs.
What are red flags for A203 opposing counsel communication billing? expand_more
Red flags include excessive hours on routine discovery correspondence, billing for multiple attorneys on the same call with opposing counsel, vague entries like 'correspondence with opposing counsel regarding matter,' and A203 billing that spikes without corresponding case activity.