An attorney-fee award can sometimes dwarf the underlying recovery—yet, as Amy Prueger says, a party’s fee request is often an afterthought. Hosts Todd Smith and Jody Sanders talk with Amy, a litigation attorney at Clark Hill PLC in Austin, about her recent paper “Taming the Fee Dragon: Attorney’s Fees Recovery” and her ongoing research on the topic. Amy walks through the Texas fundamentals—the American Rule, the Rohrmoos framework, the prevailing-party requirement, the Yowell standard for appellate fees—then the trap doors that most often reverse a fee award, including segregation and invoice redactions. The conversation then moves to how the lodestar survives contact with generative AI. While Todd declares “Rohrmoos must die,” Amy predicts that it “survives by not surviving.” Listen in for an attorney-fee war story and one piece of advice for your next fee application.

Listen to or watch the episode through the players below.

Bonus: View Amy’s dragon-themed presentation slides here.

  • 0:00 Intro
  • 4:49 How Amy Got Interested in Attorney’s Fees
  • 8:52 Texas Attorney’s Fee Fundamentals and the American Rule
  • 10:26 Rohrmoos and the Lodestar Method Explained
  • 14:31 Critiquing Rohrmoos as “Reductionist”
  • 19:03 The Yowell Case and Appellate Fee Standards
  • 23:17 Segregation Traps and Why Fee Awards Get Remanded
  • 31:36 Tony Gullo Motors and Percentage Allocation
  • 39:06 Deciding Whether to Submit Fees to the Court or Jury
  • 44:27 Suggestion of Remittitur to Avoid Remand
  • 47:27 Attorney’s Fees in the Age of AI
  • 50:25 Is the Billable Hour Dead… Again?

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☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

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