Court & Hearing Activities
The A400 series covers activities involving attendance at or participation in court proceedings, hearings, depositions, and alternative dispute resolution sessions. These codes capture time spent in formal proceedings as opposed to preparation time.
Activity & Task Codes
| Code | Description |
|---|---|
| A401 | Attendance at court appearances including status conferences, motion hearings, scheduling conferences, and other non-trial court proceedings. |
| A402 | Attendance at formal evidentiary hearings, administrative hearings, and other proceedings requiring live testimony or argument before a decision-maker. |
| A403 | Attendance at and participation in mediation sessions, arbitration hearings, and other alternative dispute resolution proceedings. |
| A404 | Attendance at depositions, whether taking or defending, including time spent at the deposition location waiting for proceedings to begin or resume. |
| A405 | Attendance at trial proceedings including jury selection, witness examination, arguments, and sidebar conferences. |
Where the Honor System Breaks Down
Court and hearing activities are relatively easy to verify because proceedings are scheduled events with court records, but the billing around these events is where abuse occurs. The most common pattern is billing for excessive travel and wait time at full attorney rates. An attorney who has a 30-minute hearing in a court 90 minutes away may bill 4+ hours: 1.5 hours travel, 1 hour waiting for the case to be called, 0.5 hours for the hearing, and 1.5 hours return travel. While travel time is legitimate, it should be billed at reduced rates per the engagement letter. A404 (Deposition Attendance) is where over-staffing is most visible and most wasteful. Sending two attorneys to a deposition where only one is asking questions is a luxury the client should not fund without prior approval. The second attorney typically bills the entire deposition duration (often 6-7 hours) for 'attending and taking notes,' a function that a paralegal could perform or that the transcript already serves. Some firms send three or four attorneys to key depositions, generating 20-30 hours of billing for a single day's proceeding. A403 (Mediation/Arbitration) generates high bills because mediations often run 8-12 hours. The concern is not the lead attorney's time but the support team: some firms send a partner, a senior associate, and a junior associate to a mediation, with all three billing the full day. The junior associate's contribution is often limited to carrying documents and ordering lunch.
Read: The Honor System in Legal Billing arrow_forwardBest Practices
Require that travel time for court appearances be billed at 50% of the standard rate or at a flat travel rate
Limit deposition attendance to one attorney unless the deposition covers multiple complex topics requiring specialist knowledge
Require pre-approval for any hearing or proceeding staffed with more than two attorneys
Verify A401 and A402 entries against the court calendar to confirm that hearings actually occurred as billed
For mediations (A403), establish a staffing plan in advance and cap the number of attorneys who may bill for the session
How CounselAudit.ai Helps
CounselAudit.ai automatically validates UTBMS codes on every invoice line item, flags misclassifications, and ensures your outside counsel follow proper coding standards for the Court & Hearing Activities phase.
See all features arrow_forwardOther UTBMS Phases
Fact Investigation & Development
The L100 series covers all early-stage litigation activities, from initial fact gathering through strategic analysis and budgeting. These codes apply when attorneys are assessing potential claims or defenses, gathering evidence, engaging experts, and developing case strategy before formal pleadings are filed.
Pre-Trial Pleadings & Motions
The L200 series covers the formal initiation and early procedural phases of litigation, including drafting and filing complaints, answers, motions to dismiss, preliminary injunctions, and dispositive motions. These codes apply once litigation has been commenced through formal pleadings.
Discovery
The L300 series covers all discovery-related activities, from written discovery and document production through depositions, expert discovery, and e-discovery. This is typically the most expensive phase of litigation and requires the closest scrutiny during invoice review.
Trial Preparation & Trial
The L400 and L500 series cover all activities related to preparing for and conducting a trial, from witness preparation and exhibit assembly through jury selection, trial proceedings, and post-trial motions. These phases represent the culmination of litigation and carry the highest daily billing rates.
Appeal
The L600 series covers all appellate proceedings, from brief writing and oral argument preparation through post-decision activities. Appellate work is typically handled by specialized attorneys and involves distinct billing patterns from trial-level litigation.
Counseling & Advisory
The L700 series covers non-litigation advisory work, including strategic counseling, regulatory advice, tax planning, and general corporate counsel services. These codes are used for matters where the attorney's role is to advise rather than to litigate.
Frequently Asked Questions
What are UTBMS court and hearing activity codes? expand_more
Court and hearing activity codes (A400 series) cover all activities directly related to court appearances including hearing preparation, court attendance, oral argument, trial appearances, and post-hearing follow-up. These codes capture time spent in courtroom proceedings as distinct from preparation and research activities.
How should clients evaluate court appearance billing? expand_more
Clients should verify that only necessary attorneys attend court appearances, confirm that travel time is billed at reduced rates per guidelines, and assess whether hearing duration justifies the preparation time billed. CounselAudit.ai compares hearing attendance patterns against matter guidelines and flags excessive courtroom staffing.
What court-related billing issues should clients watch for? expand_more
Common issues include multiple attorneys attending routine hearings, full-rate billing for travel and wait time, excessive preparation time for straightforward proceedings, and failure to distinguish between active courtroom time and passive attendance. Clear guidelines about courtroom staffing expectations help prevent these overcharges.
Why is it important to track court activity costs separately? expand_more
Tracking court costs separately reveals whether firms are overstaffing courtroom appearances, whether hearing preparation costs are proportionate, and whether travel expenses are reasonable. This data helps legal departments make informed decisions about local counsel engagement and evaluate whether courtroom efficiency varies across firms.