How does the Department determine whether fees are reasonable?

10 C.F.R. § 719.41
in effectEffective: 2024-07-01
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In determining whether fees or rates charged by retained legal counsel are reasonable, the Department may consider among other things: (a) Whether the lowest reasonably achievable fees or rates (including any currently available or negotiable discounts) were obtained from retained legal counsel; (b) Whether lower rates from other firms providing comparable services, at appropriate competency and experience levels, were available; (c) Whether alternative rate structures such as flat, contingent, and other innovative proposals, were considered; and (d) The complexity of the legal matter and the expertise of the law firm in this area.

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