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When a Case Has Been Running Since 2013 and the Time Was Never Tracked

When a Case Has Been Running Since 2013 and the Time Was Never Tracked

05/22/26

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Most conversations about timekeeping tools are about preventing future losses. Build the habit, connect the integrations, capture the emails and calls going forward, and over time the firm recovers revenue it would otherwise have left on the table.

But every so often, the problem is not the future. It is the past.

We received an urgent call from a paralegal at a firm that had just finished a trial on a case that had been running since 2013. They needed to file a fee petition with the court by eleven the following night. The senior attorneys on the case had not done a good job tracking their time throughout the life of the matter. And the paralegal was trying to figure out whether there was any way to reconstruct a credible time record from email by the next business day.

It was, to put it plainly, one of the more difficult requests we have encountered.


What Retrospective Billing Actually Requires

She was thinking through the problem clearly. She knew that courts reviewing fee petitions want to see contemporaneous records, not reconstructed ones. She also knew that going through years of email manually was not feasible in the time available. She was looking for a middle ground: some way to use email data as a foundation for a time record that could at least be supported by documentary evidence.

The mechanics of what she was asking were straightforward in concept. Pull the sent emails from the relevant attorneys' accounts for the period in question, filter them by keywords associated with the case, the case name, the defendant's name, the case number, and then use that filtered set of emails to construct a billing record on the basis of a minimum time increment per email.

Her firm's billing standard was fifteen-minute increments with a minimum of 0.25 hours. She was open to treating every day on which a billable email was sent as a 0.25 entry, rather than counting individual emails, which would keep the numbers defensible without being artificially inflated.


Why This Problem Is Harder Than It Sounds

The theoretical approach is clean. The execution is where it gets complicated.

First, internal emails. A significant portion of the email traffic on a long-running case is between attorneys and staff within the same firm. Those emails are often not easily distinguishable from client-facing or opposing-counsel communications without reading them. And reading them, for a case spanning over a decade, is what she was trying to avoid.

She noted that keyword filtering could help narrow the volume significantly. Searching for the case name or the defendant's name across a defined set of inboxes would at least surface the emails that had explicit references to the matter. The emails that were clearly about the case, even if the recipient was an internal colleague, are defensible as billable communication. The emails that do not reference the case but might have been about it are harder.

Second, the timeline constraint was severe. This call happened around midnight local time for our team. The deadline was roughly twenty-four hours away. Doing this carefully, with appropriate quality control, for a case that had been running for over a decade, across multiple attorneys' accounts, is not a one-day job under any normal circumstances.

We were honest about that. We could mobilize quickly, and we could certainly help build a script to pull and filter emails via Gmail's API. But rushing something that is going to be filed with a court, reviewed by a judge, and potentially scrutinized by opposing counsel is a different level of risk than most timekeeping decisions. The cost of an error was not just a wrong billing entry in a client file. It was potential credibility damage in a legal proceeding.


What This Situation Reveals About Legal Timekeeping Culture

This call was the most dramatic version of a pattern we see in smaller forms across many of our conversations.

Senior attorneys, in particular, often have the weakest timekeeping discipline. They are busy. They have earned a certain level of autonomy in how they manage their practice. And the day-to-day work of logging a call or noting an email often feels beneath the level of urgency that fills the rest of their day.

But when a fee petition needs to be filed, or a client dispute arises about the hours billed, or a matter goes to mediation and the time records become relevant, all of those unlogged hours become a liability rather than a forgotten administrative task.

The paralegal who called us understood this. She was not calling because of a billing dispute. She was calling because the attorneys she supported had worked on a case for over twelve years, and there was almost nothing in the system to show for it.

Tools like Lawgbook are built specifically to prevent this situation. They are not a workaround for past neglect. They are a passive system that runs quietly in the background and creates a record as the work happens, so that when a fee petition is due, or a billing dispute arises, or a client asks to review the record, there is something to show.


The Retroactive Problem Is One Every Firm Faces Eventually

The urgency of this call was unusual. But the underlying problem is not.

Every law firm has matters where the time record is incomplete. Sometimes it is because the matter settled quickly and the attorney forgot to capture the last two weeks of activity. Sometimes it is because a client delayed payment and the billing got deprioritized during the negotiation. And sometimes, as in this case, it is because the matter ran for years and the timekeeping was inconsistent from the beginning.

Retroactive reconstruction from email is possible, within limits. It is more credible when the emails themselves are contemporaneous, because the timestamps are real. It is weaker when the billing entries themselves are being created years after the fact based on email volume alone. Courts differ in how they treat reconstructed records.

The better answer is a system that captures the record as it happens, so that reconstruction is never necessary.


Lawgbook creates contemporaneous time records from your email, call, and meeting activity. If your firm has gaps in its time record, or you want to prevent them going forward, we are glad to show you how the system works.
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