The government need not send a lawyer or other representative to administrative or litigation proceedings for a successful adversary to win attorney fees incurred in fighting the government’s action, a federal appeals court says.

The adversary can recover fees as long as the government parties merely “direct some purposeful advocacy at the decision-maker,” which can be done in writing, the U.S. Court of Appeals for the Third Circuit held on April 20 in Handron v. Secretary Department of Health and Human Services, 10-1021.

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