---
kind: "section"
citation: "10 C.F.R. § 719.41"
title: "10"
number: "719.41"
heading: "How does the Department determine whether fees are reasonable?"
url: "https://uscodex.org/cfr/10/719.41"
---

# §719.41. How does the Department determine whether fees are reasonable?


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.**

## Notes

### Authority

Authority: 42 U.S.C. 2201, 5814, 5815 and 7101, et seq.; 50 U.S.C. 2401, et seq.

### Source

Source: 78 FR 25809, May 3, 2013, unless otherwise noted.