Found out my co-counsel is billing for hours they definitely didn't work. I was reviewing the joint billing statement for a multi-party litigation and noticed my peer at the other firm billed 14 hours for a deposition that only lasted three. We were in the same room. There is no way that’s prep time or travel. If I report it, I blow up the working relationship, but if I don't, I feel like I’m complicit in a fraud on the court. What’s the move here?

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I would definitely say something and frame it as an accident or something. You don't have to outright accuse them of fraud because I agree, that would probably be damaging. But you could say you noticed a mistake and they might want to correct it. That also kind of puts them on notice a little bit so they don't make that kind of "mistake" again.

likehelpfulsmart

And 14 hours in one time entry is insane - although I have seen someone manage to bill 26 hours in a day.

You have an obligation to bring that to their attention and ask about it. It's possible it's an input error or a software glitch and not deliberate. That gives them a chance to gracefully correct it.

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I mean it could be a mistake so I would just say I noticed this billing entry stood out and wanted to know if there was a mistake in the billing because I have XYZ for depo prep, the deposition, and travel on my end. Let me know if it needs to be revised, or the breakdown of time so we can break it up into more digestible billing entries for the client

helpful

Agree on it possibly being a mistake and framing the conversation as just that. I can’t begin to tell you how many times I’ve hit 2 instead of .2 when adding time. I usually catch it, but I’m sure there’s been a few that I’ve missed.

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