If the billings are not reasonably related to the litigation in this case, as the above listed billings appear not to be, they should be excluded from the services on which the attorney's fees award is based. Due to Our Partial Reversal of the Trial Court and Remand Them for Re-evaluation in Light of Our Holdings. See AS 09.10.030. If the court varies an award, the court shall explain the reasons for the variation. See Alaska R. Civ.
Hourly fees are usually already greater because of the complexity of a case.
Thus using complexity as an enhancing factor over-counts the effect that complexity has on fees. But this points to a weakness in the rule, not to trial court error. We also note that Tenala did not argue this point, either on appeal or before the trial court. For this reason, too, it should not serve as a basis for reversal of the trial court's decision.