Though large companies do not hesitate to “bring in the lawyers” small companies usually do not have the resources to press a legitimate position.  The government does provide opportunities to recover legal fees.  The Equal Access to Justice Act allows small businesses to recover attorney fees and expenses from the government if it prevails in an administrative proceeding or civil action brought by or against the government and if the government’s position in the litigation was not “substantially justified.  To qualify a small business must have a net worth of no more than $7 million and have no more than 500 employees at the time the action was filed.  The party seeking an award of fees and expenses must submit its claim to the administrative board or court within 30 days of final judgement.  The board or court will award the costs and fees unless it finds “the position of the United States was substantially justified or that special circumstances make an award unjust.”  Attorney fees are capped at $125 per hour but this cap may be waived if justified for cost-of-living increases or a special factor such as limited availability of qualified attorneys.     

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