category litigation L530

UTBMS Code L530 — Post-Trial Motions

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Preparation and argument of post-trial motions including motions for new trial, JNOV (judgment notwithstanding the verdict), remittitur, and motions regarding costs and attorneys' fees.

schedule When This Code Is Used

When the trial has concluded and the legal team is filing motions challenging the verdict, seeking a new trial, requesting adjustment of damages, or pursuing recovery of attorneys' fees and costs.

warning Common Billing Violations

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Billing for post-trial motions that have no reasonable chance of success, generating fees without client benefit

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Over-billing for fee petition preparation by having the team that generated the fees also prepare the fee application

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Charging for extensive post-trial analysis that duplicates the trial record review needed for motions

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Filing post-trial motions primarily to preserve appeal rights without properly advising the client of the low probability of success

timer Typical Hours

Standard post-trial motion: 20-50 hours. JNOV motion: 30-80 hours. Fee petition: 15-40 hours.

flag Red Flags to Watch For

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Post-trial motion hours exceeding 25% of total trial hours, suggesting disproportionate effort

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Fee petition preparation billing that itself becomes a significant expense item

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Post-trial motions filed on multiple grounds when only one or two have meaningful merit

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Significant L530 billing when the trial resulted in a clear victory with no grounds for challenge

check_circle Best Practices for Review

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Require pre-approval before filing post-trial motions with a written assessment of success probability

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Budget post-trial motions separately from the primary trial engagement

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Establish that fee petition preparation is capped at a percentage of the fees sought

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Require a candid assessment of whether post-trial motions serve the client or merely preserve appeal rights

link Related Codes

analytics Key Statistics

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Post-trial motions succeed in altering the verdict or judgment in approximately 15-20% of cases where they are filed

Source: Federal Judicial Center Empirical Research, 2023

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Post-trial motion practice costs average $30,000-$80,000, with complex cases exceeding $150,000 in attorney fees

Source: Thomson Reuters Legal Department Benchmarking Report, 2024

Frequently Asked Questions

What does UTBMS code L530 cover for post-trial motions? expand_more

UTBMS code L530 covers post-trial motion practice including motions for judgment as a matter of law, motions for new trial, remittitur or additur motions, and motions to alter or amend judgment. These filings occur after the verdict or judgment and before any appeal.

When is post-trial motion work justified under L530? expand_more

Post-trial motions are appropriate when there are genuine legal errors, evidentiary issues, or verdict inconsistencies to challenge. In-house teams should require a cost-benefit analysis before authorizing post-trial motions, as they rarely succeed and can add significant costs.

What billing issues arise for post-trial motions under L530? expand_more

Issues include filing speculative post-trial motions to generate additional fees, duplicating research from trial brief preparation, excessive hours on motions with low success probability, and continuing to bill L530 hours after post-trial motions have been decided.

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