Question:
I am confused about which task code to use because there is substantial overlap between ATTY08, Research and Draft Motions/Habeas Pleadings and ATTY09, Prepare for Hearings on Motion/Pre-Trial, Post-Trial, or Habeas Proceedings. Both seem to describe research, preparing and drafting motions, pleadings, etc. We have decided to interpret ATTY08 to apply for substantive legal research and writing in the case, and ATTY09 to apply to other preparation for motions that is not drafting a pleading.
I am confused about which task code to use because there is substantial overlap between ATTY08, Research and Draft Motions/Habeas Pleadings and ATTY09, Prepare for Hearings on Motion/Pre-Trial, Post-Trial, or Habeas Proceedings. Both seem to describe research, preparing and drafting motions, pleadings, etc. We have decided to interpret ATTY08 to apply for substantive legal research and writing in the case, and ATTY09 to apply to other preparation for motions that is not drafting a pleading.
Answer:
That is a reasonable interpretation of a duplication in the task codes. ATTY08 is better used for preparing substantive motions: for example, writing and filing the suppression motion.
ATTY09 is best used when there is additional research, and possible supplemental motion work, on the eve of or after the hearing. For example, a late-breaking case requires a supplemental brief before a hearing, an evidentiary issue needs to be briefed mid-hearing, or the Court has asked for supplemental briefing on a discrete issue after a hearing.
We anticipate that the majority of the billing in this area will be to ATTY08, as we research, prepare, and draft motions, memoranda and briefs relating to (non-sentencing) issues. Sentencing motion work should be billed to its own tasks, ATTY18 and ATTY19.
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