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Andrus v. Lena3/26/1999
a prevailed on the main issues.
C. It Was an Abuse of Discretion to Enhance the Rule 82 Attorney's Fees by $10,000.
1. It was an abuse of discretion to consider the offer of judgment in enhancing fees.
The superior court awarded Lena an enhanced attorney's fee award based partially on its mistaken assumption that Andrus had rejected an offer of judgment more favorable to her than the judgment. Andrus argues that the superior court improperly considered the offer of judgment in awarding enhanced attorney's fees.
Since the 1993 amendments to Rule 82, trial courts can consider whether to increase an offeror's attorney's fees award when he or she has made an offer of judgment more favorable to the offeree than the judgment. See Fairbanks North Star Borough v. Lakeview Enterprises, Inc., 897 P.2d 47, 62 (Alaska 1995). Here, however, the court relied on its erroneous assumption that Lena's offer of judgment was more favorable to Andrus than the judgment. Since the offer was not more favorable to Andrus than the judgment, the superior court abused its discretion by increasing Lena's attorney's fees on this basis. We thus remand the attorney's fee award so the superior court can determine whether other factors justify enhancing the award.
2. It was an abuse of discretion to enhance fees when Lena's counsel failed to submit records which gave a brief description of the services provided.
Andrus also argues that Lena did not submit proper records to support his request for enhanced attorney's fees. Lena argues, however, that this rule no longer applies after the 1993 amendments to Civil Rule 82(b)(3)(C), which allow the court to consider the reasonableness of the hourly rates and the hours expended. He argues that since he was not seeking actual fees, he was only required to submit the total hours worked and the hourly rate.
" hen counsel requests attorney's fees, other than based on the schedule in Rule 82(a)(1), accurate records of the hours expended and a brief description of the services reflected by those hours should be submitted." Hayes v. Xerox Corp., 718 P.2d 929, 939 (Alaska 1986) (remanding for superior court to order counsel to "itemize the hours and nature of the work spent on this case"). We have not limited this rule to situations where the party seeks actual fees. Furthermore, a brief description of the work performed is also necessary to allow the superior court to determine the reasonableness of the hours expended when it awards enhanced fees.
We thus hold that Lena was required to submit records with a brief description of the services provided, the hours worked, and the hourly rate to support his motion for enhanced attorney's fees. Since Lena submitted only total hours and rates, but no breakdown of the services provided, we also remand on this issue so the court can request these records when it reconsiders its enhanced award.
D. It Was Error to Enter Final Judgment Without Calculating Lena's Rule 82 Attorney's Fees.
The final judgment in this case provided that the "plaintiff is awarded attorney fees pursuant to Rule 82 and in addition is awarded the sum of $10,000." Andrus argues that the superior court abused its discretion by failing to specify the amount of the Rule 82 attorney's fees in the final judgment. We agree.
Rule 82(d) provides that
"Attorney's fees upon entry of judgment by default may be determined by the clerk. In all other matters the court shall determine attorney's fees." (Emphasis added.)
The rule, therefore, clearly provides that the court must calculate the fees. See id. On remand, the court should calc
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