UTBMS Code L540 — Trial Briefs
Preparation of substantive trial briefs that present the legal arguments and factual summary to support the party's position at trial. These briefs are distinct from motions in limine and proposed jury instructions.
schedule When This Code Is Used
When the court requires or the legal team elects to submit a trial brief summarizing the party's legal and factual positions, typically filed shortly before trial begins.
warning Common Billing Violations
Recycling content from earlier summary judgment or pre-trial briefs and billing as if drafting from scratch
Over-staffing trial brief preparation with multiple associates and partners doing duplicative review
Block billing research and drafting into single large entries that obscure actual effort
Filing unnecessarily lengthy trial briefs to justify more billable hours
timer Typical Hours
Standard trial brief: 15-40 hours. Complex multi-issue brief: 40-80 hours.
flag Red Flags to Watch For
Trial brief hours exceeding summary judgment brief hours for the same legal issues
Content that substantially duplicates earlier briefing without meaningful new analysis
Four or more attorneys billing for the same trial brief without differentiated roles
Trial brief length that is disproportionate to the complexity of the issues
check_circle Best Practices for Review
Compare trial brief content against earlier filings to identify and reject recycled content billed as new work
Set a page limit and hour budget for trial briefs before drafting begins
Limit the drafting team to one associate drafter and one partner reviewer
Require that firms acknowledge when prior briefing serves as the foundation for the trial brief
link Related Codes
analytics Key Statistics
Post-trial briefing costs add 5-10% to total trial costs when post-trial motions are pursued
Source: ACC Litigation Cost Benchmark Study, 2023
Post-trial briefs that incorporate new evidence or legal authority are 2.5x more likely to result in favorable rulings
Source: Federal Judicial Center, 2023
Frequently Asked Questions
What does UTBMS code L540 cover for trial briefs? expand_more
UTBMS code L540 covers trial briefs in the post-trial phase, including briefs in support of or opposition to post-trial motions, response briefs, and supplemental briefing ordered by the court. It is distinct from pre-trial briefs under L430.
How does L540 differ from L430 for trial briefs? expand_more
L430 covers pre-trial briefs including motions in limine and trial briefs filed before or during trial. L540 covers post-trial briefs filed after the verdict, primarily in support of post-trial motions under L530. Proper coding ensures accurate tracking of post-trial costs.
What cost controls should apply to post-trial briefs under L540? expand_more
Require advance authorization before any post-trial brief is prepared. Set budget caps per brief and mandate that research leverages work from earlier phases. Challenge briefs that simply rehash trial arguments without adding post-trial legal analysis or addressing specific verdict issues.