In establishing your initial case strategy, it is important to consider which claims will and will not allow for recovery of fees, and advise your client about the pros and cons of pursuing each claim accordingly. Also, be aware of fee-shifting procedural tools (such a motion to dismiss under the Texas Citizens Participation Act) and various Texas statutes and rules that allow for recovery of fees as a sanction (such as Civil Practice and Remedies Code Chapters 9-10, and Texas Rule of Civil Procedure 215).Lesson Two: Keep accurate, contemporaneous billing records. Although billing records are not absolutely required to prove the amount of reasonable and necessary fees, it is “strongly encouraged” to submit such proof in support of attorneys’ fees.

Wiegand v. Sky King Foundation, Inc. Dallas Court of Appeals, No. 05-12-00020-CV (August 9, 2013) Justices FitzGerald (Opinion) and LewisKen Carroll The trial court imposed a monetary sanction of $2,000 for violation of a protective order, but the Court of Appeals reversed. Relying on the Texas Supreme Court’s opinion in Paradigm Oil, Inc. v. Retamco Operating, Inc., 372 S.W.3d 177 (Tex. 2012), the Court of Appeals held that monetary sanctions under TEX. R. CIV. P. 215(b) cannot be arbitrary, unrelated to the harm caused by the sanctionable conduct. Instead, the amount of any monetary sanction must be tied to the harm actually suffered by the party seeking sanctions, and must be supported by record evidence.