How is the relator’s counsel paid?
Relators counsel is compensated in two ways: i) Counsels contingency arrangement with the relator; and ii) Statutory Fees. Given the complexity of qui tam cases, the specialization and time required, and the financial risk of prosecuting the action, counsel and relator should structure a contingency fee arrangement that takes all of these factors into account. If the relator is successful in reaching a verdict or settlement, counsel would be entitled to his or her contingency fee from the realtors share only – not the entire recovery. In addition, 31 U.S.C. § 3730(d) provides that the relator shall also be awarded reasonable attorneys fees and expenses. It is necessary for relators counsel to document work hours and expenses in a qui tam case, because accurate and complete documentation will support an end of case award of attorneys fees and expenses by the court. BUT NOTE, 31 U.S.C. 3730(f) provides that “the government is not liable for expenses which a person incurs in bringing an a
