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Original Research

The Lawyer’s Share: $505.9M in Attorney Fees Paid by the U.S. Treasury

When someone beats the federal government in court, the Treasury’s Judgment Fund often pays the winner’s lawyer too. We analyzed all 3,009 payments with an attorney fee in the Judgment Fund’s reports to Congress (2009–2025): $505.9M in fees, a median fee of $22K — and one statute, the Endangered Species Act, behind more standalone fee awards than any other.

Reviewed by Leonard Goldberg, Editor · Last updated June 9, 2026

$505.9M

Total attorney fees paid

2009–2025, 3,009 payments

$22K

Median fee payment

Average is $168K — a few huge awards pull it up

28.5%

Dollar-weighted fee share

Where fee + principal appear together (n=858)

$60.8M

Largest single fee payment

One payment row in the dataset

Key Findings

The Judgment Fund is the permanent Treasury account that pays court judgments and settlements against the federal government. Its payment-level reports to Congress break out attorney fees as a separate line — a rare public window into what suing the government actually pays the lawyers. Of 114,210 payment rows in the 2009–2025 reports, 3,009 include an attorney-fee amount.

  • $505.9M in fees across 3,009 payments. The average fee payment is $168K, but the median is just $22K — most fee awards are small, and a handful of very large ones dominate the dollar total.
  • The typical fee share is about a third — by one measure. On payments where the fee and the client’s principal appear together, the mean per-payment fee share is 33.8%; weighted by dollars it falls to 28.5%.
  • Most fee awards stand alone. 2,151 of the 3,009 fee payments have no principal on the same row — fee-shifting awards paid directly to counsel, led by the Endangered Species Act (390 awards, $57.5M).
  • 65 payments of $1 million or more account for $276.2M — 55% of all fee dollars from 2.2% of fee payments.

Who really gets paid: the fee share

For 858 payments, the data shows both the attorney fee and the client’s principal on the same row. On those payments, fees total $156.9M against $393.2M of principal.

Measured per payment, the average fee share is 33.8% of the combined fee-plus-principal amount. Measured in dollars, it is 28.5%. The two differ because small payments tend to carry proportionally larger fee shares, and a simple average counts a $20,000 payment the same as a $20 million one.

16.7%

25th percentile share

25%

Median payment’s share

47.9%

75th percentile share

28.5%

Dollar-weighted share

Shares are per payment row, not per case — one case can span several payment rows, and most fee awards (2,151 of 3,009) have no principal on the same row at all, so they are excluded from this subset.

The fee-shifting machine

2,151 fee payments — $349.0M in total — stand alone, with no principal recorded on the same row. These are largely statutory fee-shifting awards: Congress wrote dozens of laws that make the government pay the winner’s lawyer directly. The Endangered Species Act tops the list by award count; environmental citizen-suit provisions take three of the top ten spots.

Fee citation (as reported)AwardsAttorney fees
Endangered Species Act390$57.5M
Clean Air Act - Citizens' Suits (Attny Fees & Costs)271$7.7M
Tax Cases - Attny Fees&Costs211$5.0M
Title VII; Discrimination In Federal Employment161$19.6M
Civil Rights - Attorney Fees111$24.5M
Clean Air Act - Judicial Review (Attny Fees & Costs)107$11.7M
Return Of Property - Attny Fees&Costs87$11.0M
Costs Per 28 USC 192087$479K
Clean Water Act - Citizens' Suits (Attny Fees&Costs)77$10.3M
Litigation Expenses In Inverse Condemnation Cases68$40.3M

Top 10 citations by award count among standalone fee-only payments (attorney fee > 0, no principal on the same row). Citation labels are reproduced verbatim from the Treasury data.

Attorney fees by year

Total attorney fees per calendar year of record date. The record date in this dataset is always the fiscal-year-end reporting date (September 30), so each year corresponds to one annual report to Congress.

$13.8M'09$26.9M'10$76.4M'11$17.5M'12$12.9M'13$10.3M'14$23.8M'15$6.5M'16$23.4M'17$17.4M'18$22.4M'19$55.8M'20$37.2M'21$59.7M'22$32.7M'23$25.7M'24$43.6M'25
Year of record dateFee paymentsAttorney fees
2009225$13.8M
2010225$26.9M
2011175$76.4M
2012170$17.5M
2013133$12.9M
2014138$10.3M
2015227$23.8M
2016124$6.5M
2017128$23.4M
2018134$17.4M
2019148$22.4M
2020159$55.8M
2021188$37.2M
2022195$59.7M
2023203$32.7M
2024178$25.7M
2025259$43.6M

Source: U.S. Treasury Bureau of the Fiscal Service, Judgment Fund reports to Congress, aggregated by Settlement Insight.

Which agencies pay the most

Top 10 defendant agencies by total attorney fees. The Department of Agriculture leads in dollars with relatively few payments; the Environmental Protection Agency faces the most fee payments — consistent with the environmental citizen-suit awards above.

Defendant agencyFee paymentsAttorney fees
Department of Agriculture83$87.8M
Surface Transportation Board291$84.0M
Department of Veterans Affairs151$45.0M
Environmental Protection Agency488$37.6M
Fish & Wildlife Svc151$17.5M
Drug Enforcement Adm36$17.3M
Department of Navy59$14.6M
Department of Justice92$14.4M
Bureau of the Census4$13.7M
Fed Bureau of Invest46$9.9M

Most fee awards are small — most fee dollars are not

1,063 of 3,009 fee payments are under $10,000, yet together they make up $3.7M — while the 65 payments over $1 million account for $276.2M.

Fee sizePaymentsShare of paymentsAttorney fees
Under $10K1,06335.3%$3.7M
$10K – $50K88029.2%$21.2M
$50K – $250K74324.7%$86.8M
$250K – $1M2588.6%$118.0M
Over $1M652.2%$276.2M

Cite this research

This analysis is released as an open, citable dataset. Researchers and journalists are welcome to use it with attribution.

APA

Goldberg, L. (2026). U.S. Treasury Judgment Fund — Attorney-Fee Award Dataset (2009–2025) [Data set]. Settlement Insight. https://settlementinsight.com/research/attorney-fee-awards

BibTeX

@dataset{goldberg_2026_jf_fees,
  author    = {Goldberg, Leonard},
  title     = {{U.S. Treasury Judgment Fund -- Attorney-Fee Award Dataset (2009--2025)}},
  year      = 2026,
  publisher = {Settlement Insight},
  url       = {https://settlementinsight.com/research/attorney-fee-awards}
}

Download the data

Aggregated CSV files — CC BY 4.0. Free to use with attribution.

  • CSV

    Headline statistics

    Totals, averages, median, max, year span · 10 rows

  • CSV

    Fee shares (same-payment subset)

    Mean, median, quartiles, dollar-weighted share · 8 rows

  • CSV

    Fees by year

    Payments + dollars per year of record date, 2009–2025 · 17 rows

  • CSV

    Standalone awards by statute

    Top 10 fee citations — awards + dollars · 10 rows

  • CSV

    Fees by defendant agency

    Top 10 agencies by total attorney fees · 10 rows

Methodology

We aggregated the payment-level Judgment Fund reports to Congress published by the U.S. Treasury Bureau of the Fiscal Service (114,210 payment rows with record dates from 2009 to 2025). Of those, 3,009 rows report an attorney-fee amount greater than zero; the remaining 111,201 rows have no attorney fee broken out and are excluded from all fee statistics.

Important caveats

  • A row is a payment, not a case. One lawsuit can generate multiple payment rows, so per-payment statistics (averages, medians, fee shares) are not per-case statistics.
  • Year labels are the calendar year of the record date. The record date is always the fiscal-year-end reporting date (September 30), so each year corresponds to the federal fiscal year covered by that annual report — not the calendar year a payment was sent.
  • Fees embedded in lump-sum settlements are invisible. When a settlement is paid as a single principal amount and counsel is paid out of it privately (as in typical contingency arrangements), no attorney fee appears in this data. The $505.9M total therefore reflects only fees the government itself paid as a separate line item — a floor, not the full picture of what lawyers earned from these cases.
  • The fee-share analysis covers only the 858 payments where both an attorney fee and a principal amount appear on the same row.
  • Citation and agency labels are reproduced as reported by Treasury, without consolidation.
  • All dollar amounts are nominal (not inflation-adjusted).

The full aggregated dataset is available above as CSV downloads under a CC BY 4.0 license. Source data is published by the U.S. Treasury Bureau of the Fiscal Service. This study is a companion to our federal government payments analysis, which examines the same Judgment Fund data from the claimant’s side.

Frequently asked questions

Who pays attorney fees when you sue the federal government?

Usually each side pays its own lawyer (the "American rule"). But dozens of federal fee-shifting statutes — the Equal Access to Justice Act, the citizen-suit provisions of environmental laws, Title VII, and civil-rights fee statutes — let a prevailing party recover attorney fees from the government itself. Such fees are paid out of the Treasury's Judgment Fund — the same permanent account that pays the underlying judgments — when no agency funds are legally available for them; many EAJA awards, for example, come out of the losing agency's own budget instead. This dataset captures 3,009 such fee payments totaling $505.9M.

What is the Judgment Fund?

The Judgment Fund is a permanent, indefinite appropriation administered by the Treasury's Bureau of the Fiscal Service. It pays court judgments and compromise settlements against federal agencies when no other source of funds is legally available — no separate act of Congress is needed for each payment. The Bureau publishes a payment-level report to Congress each fiscal year, which is the source for this study.

What is the Equal Access to Justice Act (EAJA)?

The Equal Access to Justice Act is a 1980 federal law that allows individuals, small businesses, and organizations that prevail in litigation against the United States to recover attorney fees and costs when the government's position was not "substantially justified." It is one of the most commonly used fee-shifting statutes against the federal government and appears as its own citation category in the Judgment Fund data.

How much do lawyers take from settlements?

In private personal-injury cases, contingency fees typically run around one-third of the recovery. In this federal data, where the fee and the principal appear on the same payment row, the average per-payment fee share is 33.8% of the combined amount — but the dollar-weighted share is 28.5%, and the median payment's share is 25%. Court-awarded fees against the government are set by statute and judicial review, not by private contingency contracts, so they are not directly comparable to a contingency percentage.

Why does the Endangered Species Act appear so often?

The Endangered Species Act's citizen-suit provision lets courts award litigation costs, including attorney fees, when they find it appropriate. Environmental groups use it frequently — ESA citations account for 390 of the 2,151 standalone fee-only awards in this data, more than any other single citation, totaling $57.5M.

Does a fee payment here mean the lawyer 'won' that amount from a client?

No. These are court-ordered or negotiated fee amounts paid by the government to the prevailing side's counsel — the client's own recovery is recorded separately (as principal). And because one case can generate multiple payment rows, a single row is a payment, not a complete case.

Wondering what a lawyer would cost you?

Most injury lawyers work on contingency — you pay nothing upfront. Our guides break down what legal representation actually costs and what your case may be worth.

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