False Claims Act & Qui Tam Fee Reviews

Attorney Fee Analysis for False Claims Act and Qui Tam Matters

Attorney fee motions arising from False Claims Act and qui tam litigation can involve years of billing, multiple firms and timekeepers, complex staffing arrangements, and substantial supporting records.

Jim Schratz & Associates assists counsel and clients in evaluating and opposing these fee motions. Drawing on more than 30 years of legal fee audit experience, Jim reviews the fees requested, the billing practices reflected in the application, and the underlying litigation record supporting the work performed.

Evaluating FCA and Qui Tam Fee Applications

A significant fee application requires more than a review of the total hours and rates requested. Billing must be considered in the context of the work performed, the staffing of the matter, and the history of the litigation.

Depending on the issues presented, Jim's review may include:

• Block billing, vague entries, and insufficient billing detail.
• Excessive conferencing and intra-office communications.
• Overstaffing and unnecessary participation by multiple attorneys or firms.
• Duplication of effort and repeated review of the same work.
• Hourly rates, staffing by experience level, and task delegation.
• Excessive or unsupported hours in relation to the work performed.
• Allocation of time among claims, parties, or phases of the litigation when relevant.
• Time associated with preparing and litigating the fee request itself.
• Enhancements, multipliers, and other adjustments to the requested fee.

The significance of any billing issue depends on the facts and circumstances of the underlying matter. The objective is to determine whether the requested fees are reasonable and adequately supported by the record.

Analysis Grounded in the Litigation Record

Jim's review is not limited to the fee application or billing entries. Invoices and supporting declarations are evaluated against the underlying litigation to determine what work was performed, why it was performed, and whether the time billed is consistent with the demands of the matter.

Where appropriate, the review includes pleadings and motions, docket activity, discovery and transcripts, correspondence, attorney work product, staffing information, and the chronology of the case.

Reviewing the billing in context provides a factual basis for evaluating staffing, duplication, time spent, and other disputed aspects of the fee request.

Legal Fee Audit and Expert Support

The appropriate scope of review depends on the amount at issue, the size of the billing record, the posture of the fee dispute, and the needs of counsel.

Jim Schratz & Associates can assist with:

• Preliminary review of the fee motion and supporting materials.
• Full-scale legal fee audits focused on disputed billing issues.
• Analysis of specific staffing, billing, rate, or allocation issues.
• Evaluation of opposing fee analyses and expert methodology.
• Expert reports, declarations, and rebuttal analysis.
• Deposition, hearing, and trial testimony when required.

Jim works directly with counsel to define the scope of the engagement and focus the analysis on the issues most relevant to the fee motion.

Legal Fee Audit Experience

Jim Schratz has conducted more than 4,000 legal fee audits nationwide for government agencies, corporations, insurers, law firms, and individual clients. He has served as an expert witness in state and federal courts on the reasonableness of attorneys' fees, and his legal fee audit work has included engagements for the U.S. Department of Justice and other government and institutional clients.

Representative engagements include the review of approximately $60 million in professional fees in the In re Tropicana Entertainment bankruptcy proceeding and a court appointment to audit approximately $22 million in legal fees involving the estate of DHL co-founder Larry Lee Hillblom.

Jim's broader legal fee experience includes fee petitions, disputed legal invoices, complex multi-firm litigation, law firm billing challenges, and expert testimony concerning the reasonableness of attorneys' fees.

Related Legal Fee Resources

Additional examples of Jim's experience, methodology, and work are available throughout the site's legal fee resources:

Legal Fee Audit CV

Representative engagements, qualifications, testimony, and professional experience.

VIEW CV →

How to Win a Fee Petition

Published analysis of billing practices and practical issues involved in presenting or opposing attorney fee petitions.

READ ARTICLE (PDF) →

Legal Fee Audit Declaration — Attorney Fee Motion

A recent declaration demonstrating Jim's audit methodology, findings, and analysis in connection with an opposed fee motion.

REVIEW DECLARATION →

Free Initial Review

Jim offers an initial review of the fee application at no charge to determine whether further analysis appears warranted.

If a detailed audit or expert engagement is appropriate, Jim Schratz & Associates can define the anticipated scope of work and provide a not-to-exceed budget before proceeding. Legal fee audit engagements generally involve at least $500,000 in fees at issue.

For counsel evaluating or opposing a significant False Claims Act or qui tam attorney fee motion, contact Jim Schratz & Associates to discuss the application and determine whether an independent fee review may be useful.

REQUEST A FREE INITIAL REVIEW