Gill Savings – the “Case” for Recoverability of Paralegal Fees in Texas

            In 1988, from the 5th District Court of Appeals in Dallas, the standards for recoverability of paralegal time in an attorney fee award were addressed in Texas.  Gill Savings Assoc. v. Int’l Supply Co., Inc., 759 S.W.2d 697 (Tex. App.—Dallas 1988) The Court’s opinion noted it had not found any previous Texas state court decisions that dealt with whether the value of legal work performed by [paralegals] were recoverable as part of attorney’s fees.

            Almost 40 years ago, Justice Linda Thomas wrote that opinion that demonstrated how to prove up paralegal time  for an attorney fee award, requiring evidence regarding:

            1) Qualifications of the paralegal

            2) Substantive nature of the work performed by the paralegal

            3) Hourly rate of the paralegal

            The Opinion quoted the State Bar  of Texas Guidelines regarding paralegals, who, “through education, training and experience, demonstrated knowledge of the legal system, legal principles and procedures, and who uses such knowledge in rendering paralegal assistance to an attorney in the representation of that attorney’s clients.”

The case involved a statutory right to recovery attorney’s fees

At that time the terminology was “legal assistant”