In re Myers, 127 P.3d 325 (Kan., 2006) held a lawyer guilty of professional
misconduct when he "rounded up" his time entries on a client's matter, even
though the lawyer claimed that he had rounded up by no more than fifteen
minutes. The lawyer testified in his disciplinary hearing as follows:
"Q: In reviewing these bills, all of the time entries are in full one hour
increments except for an entry on March 1, 2000, for three and one-half hours.
Was it your practice to bill in full one hour increments in this time frame?
A: Yes.
Q: So regardless of the amount of time that you spent on a matter, if you
spent less than an hour on it, you still billed for an hour?
A: Well, if we spent three-fourths of an hour, I would bill for an hour, yes.
Q: What if you spent one-quarter of an hour?
A: I would not bill for an hour.
Q: What was the smallest time spent in this time frame that you would bill
for a full hour?
A: I'd say three-fourths of an hour."
The Kansas Supreme Court reasoned that "[t]he fee that an attorney charges
for legal services must be reasonable. . . [and] . . . it is unreasonable to
bill in one-hour increments when one-hour of work is not performed."
The court found the lawyer violated Rule 1.5 of the Kansas
Rules of Professional Conduct, which parallels the model rules 8 factors for a
reasonable fee, which includes the time and labor required." The
language of the court has the effect of holding as a matter of law that it is
professional misconduct for a lawyer to "round up" a time entry, and thereby
charge the client for more time than the lawyer actually devoted to the
particular task (regardless of whether the dollar amount of the resulting charge
is reasonable).