(a) Guidelines Regarding Compensable and Non-Compensable Attorneys’ Fees.

(1) Lead Attorney. If different attorneys represent plaintiffs with both common and conflicting interests, there should be a lead attorney for each task, such as preparing for and speaking at depositions on issues of common interest and preparing pleadings, motions, and memoranda. Attorneys other than the lead attorney should be compensated if they provide input into an activity that is directly related to their own client’s interests.

(2) Deposition Attendance. Ordinarily, only one attorney for each separately represented party should be compensated for attending depositions.

Committee note:Compensation for more than one attorney may be allowed if a valid reason is shown for having more than one attorney at the deposition. For example, a less senior attorney’s presence may be necessary because that attorney organized numerous documents important to the deposition, but the deposition is of a critical witness whom the more senior attorney should properly depose. Departure from this subsection also may be appropriate upon a showing that more than one attorney representing an opposing party attended the deposition and charged the time for attending.

(3) Hearings Other Than Trial. Ordinarily, only one attorney for each party should be compensated for attending hearings other than trial.

Committee note: The same considerations discussed in the last Committee note concerning attendance by more than one attorney at a deposition apply to attendance by more than one attorney at a hearing.

There is no guideline as to whether more than one attorney for each party should be compensated for attending trial. This depends on the complexity of the case and the role of each attorney.

(4) Conferences. Ordinarily, only one attorney should be compensated for client, third party, and intra-office conferences, although if only one attorney is compensated, the time may be charged at the rate of the more senior attorney. Compensation may be paid for the attendance of more than one attorney if justified for specific purposes, such as periodic conferences of defined duration held for the purpose of work organization, strategy, and delegation of tasks when the conferences are reasonably necessary for the proper management of the litigation.

(5) Travel.

(A) Substantive Work During Travel Time. Whenever possible, time spent in traveling should be devoted to doing substantive work for a client and should be billed at the usual rate to that client. A fee request should not include travel time during which the attorney works on a matter other than the matter for which fees are sought. If the travel time is devoted to substantive work for the client whose representation is the subject of the fee request, the time should be billed for the substantive work, not travel time.

(B) No Substantive Work During Travel Time. Up to three hours of travel time each way and each day to and from a court appearance, deposition, witness interview, or similar proceeding or event that cannot be devoted to substantive work should ordinarily be charged at the attorney’s hourly rate. Time spent above the three-hour limit should ordinarily be charged at one-half of the attorney’s hourly rate.

(b) Guidelines Regarding Expenses Related to Attorneys’ Fees.

(1) Out-of-Pocket Expenses. Ordinarily, reasonable out-of-pocket expenses, including long-distance telephone calls, express and overnight delivery services, computerized on-line research, and faxes, are compensable at actual cost.

(2) Mileage. Mileage should be compensable at the rate of reimbursement for official State of Maryland government travel in effect at the time the expense was incurred.

(3) Copy Work. Copy work should be compensable at a reasonable commercial rate.