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.
Activity & Task Codes
| Code | Description |
|---|---|
| L410 | Identification, preparation, and management of fact witnesses for trial, including rehearsal sessions and coordination of trial testimony. |
| L420 | Final preparation of expert witnesses for trial testimony, coordination of expert exhibits, and development of direct and cross-examination outlines. |
| L430 | Preparation of trial briefs, motions in limine, proposed jury instructions, verdict forms, and other trial-related filings. |
| L440 | General trial preparation activities including exhibit compilation, trial technology setup, war room organization, and trial logistics. |
| L450 | Jury research, mock trials, focus groups, jury questionnaire development, and analysis of potential juror profiles. |
| L510 | Attendance at and participation in jury selection (voir dire), including real-time juror analysis and exercise of challenges. |
| L520 | Attendance at and participation in all trial proceedings, including opening statements, witness examinations, closing arguments, and bench conferences. |
| L530 | Preparation and argument of post-trial motions including motions for new trial, JNOV, remittitur, and motions regarding costs and fees. |
Where the Honor System Breaks Down
Trial preparation and trial are the phases where firms feel most justified in billing aggressively, and clients are least likely to push back because the stakes are highest. This creates a perfect environment for over-staffing. It is not unusual to see five or six attorneys billing full days during trial when only two or three are in the courtroom. The others are ostensibly performing 'trial support,' but without clear role definitions, this can amount to expensive spectating. L440 (Other Trial Preparation) is a particularly opaque catch-all. Firms will bill hundreds of hours to 'trial preparation' without specifying what was prepared. Exhibit compilation, binder assembly, and logistics coordination are often billed at attorney rates when they should be performed by paralegals or litigation support staff. A partner billing 10 hours to 'organize trial exhibits' is almost certainly an inflated or miscoded entry. L450 (Jury Considerations) can generate enormous costs with little accountability. Mock trials and jury consultants are expensive, but the attorney time billed on top of consultant fees can be excessive. Watch for firms billing 50-100 hours of attorney time to 'analyze jury research results' when the consultant's report should provide the analysis. Also scrutinize L520 (Trial) entries where multiple attorneys bill 10-12 hour days: while trial days are long, not every team member is productively engaged for every hour.
Read: The Honor System in Legal Billing arrow_forwardBest Practices
Require pre-approval of the trial team roster with defined roles for each attorney attending trial
Cap the number of attorneys who may bill for trial attendance without prior written approval
Require L440 entries to specify exactly what was prepared and whether the task could have been performed by a paralegal
Demand that jury consultant costs under L450 be separated from attorney analysis time with clear justification for both
Establish daily billing caps for trial days based on actual courtroom hours plus reasonable preparation time
Require post-trial motions (L530) to be budgeted separately with pre-approval before work begins
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 Trial Preparation & Trial 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.
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.
Bankruptcy
The B-series codes cover all activities specific to bankruptcy proceedings, from case administration and asset analysis through plan development, claims management, and bankruptcy-related litigation. These codes are used for matters filed in bankruptcy court and subject to court-supervised fee review.
Frequently Asked Questions
What does the L400 UTBMS phase cover? expand_more
The L400 series covers trial preparation and trial activities including witness preparation, exhibit preparation, jury selection, opening and closing statements, direct and cross examination, post-trial motions, and trial logistics. This phase represents the culmination of litigation and typically involves the most senior attorneys on the matter.
How should clients budget for trial preparation and trial? expand_more
Clients should require detailed trial budgets broken down by witness preparation, exhibit preparation, jury consulting, and courtroom time. Setting expectations early about staffing — how many attorneys will attend trial daily — prevents surprise costs. Historical data from similar trials provides the best budgeting benchmark.
What billing issues arise during the trial phase? expand_more
Common issues include excessive attorney attendance at trial beyond what is necessary, inflated witness preparation time, senior attorneys billing for logistical tasks, and post-trial billing for work that should have been completed during trial. Clear staffing agreements before trial begins help control these costs.
Why does trial preparation cost sometimes exceed the trial itself? expand_more
Trial preparation often costs more than actual trial time because it involves preparing every witness, organizing thousands of exhibits, developing examination outlines, rehearsing presentations, and preparing for multiple contingencies. CounselAudit.ai tracks L400 phase spending to ensure preparation costs remain proportionate to the trial's complexity.