N.J. Admin. Code § 13:75-4.10 - Attorney fees
(a) The Office may, as part of any order for
payment, determine and allow reasonable attorney fees and costs, which shall
not exceed 15 percent of the amount awarded as compensation, to an attorney
representing an applicant in seeking compensation from the Office.
1. The attorney fee award for representation
of an applicant in seeking compensation from the Office shall be paid in
addition to the compensation to the claimant and shall not be included in
calculating the maximum benefit available to a claimant.
2. Any attorney fee award made pursuant to
(b) below shall not be included in calculating the attorney fee payable under
this section.
3. An attorney fee
award for representing a claimant or victim in an appeal or his or her
application for compensation from the Office shall not be less than $ 500.00,
unless the Office determines that the attorney has not acted diligently or in
good faith representing the claimant or victim.
4. If the Office enters an order denying
compensation, it may nevertheless allow an award of attorney's fees of $
500.00, if the Office determines that the attorney acted diligently and in good
faith in representing the claimant or victim.
(b) The Office may allow payment of an
attorney fee, including costs, up to a maximum of $ 10,000, to an attorney who
provides legal assistance to a victim in any legal matter, other than a
decision of the Office, arising from, or related to, having been the victim of
the offense that forms the basis of the victim's or claimant's application for
compensation.
1. Payment pursuant to this
subsection shall be subject to the limitation on compensation set forth at
section
18 of P.L. 1971, c. 317 (N.J.S.A.
52:4B-18).
(c) Attorney fee awards made pursuant to (a)
or (b) above shall be paid at an hourly rate of $ 275.00.
1. Every application for an award of attorney
fees shall be accompanied by an affidavit of service from the attorney, which
shall include a detailed hourly accounting of work completed by the
attorney.
2. Where an attorney is
seeking a fee award pursuant to both (a) and (b) above, separate affidavits of
service shall be filed specifically identifying the work performed for each
category for which payment is sought.
(d) All records of public agencies that are
necessary to the investigation of a claim shall, whenever possible, be obtained
by the Office. Therefore, no payment shall be made to an attorney for obtaining
such reports unless the Office had made a specific request of the claimant
and/or of his or her attorney for such reports.
Notes
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