In February, the National Audit Office said HMRC had improved its valueformoney in 2011-12 as it began a programme to reduce annual running costs by 25% by 2014-15.
Miller insisted that it was for the BBC Trust to justify the pay-out and suggested that the National Audit Office might like to examine whether it was valueformoney.
The Audit Office told the board "a greater emphasis" could have been placed on valueformoney considerations and that the documentation it reviewed "did not justify why a senior and junior counsel were required".
The report follows a National Audit Office analysis published in September which warned that the rapid expansion of academies risked being poor valueformoney.