1 Tex. Admin. Code § 61.905 - Attorney Fees
(a) Pursuant to
Texas Code of Criminal Procedure Article 56.43, the OAG shall determine and
award reasonable attorney fees to the attorney representing a victim or
claimant in dispute of an OAG compensation determination.
(b) If there is no hearing or dispute about
the amount awarded to the victim or claimant and the attorney only assists the
victim or claimant in filling out a CVC application for compensation, the
attorney fee shall be the lesser of either $300 or 25% of the amount of awarded
compensation.
(c) If the victim or
claimant disputes the amount awarded and the attorney represents the victim in
a reconsideration review or hearing, the OAG shall determine and award
reasonable attorney fees commensurate with legal services rendered. Attorney
fees for representation in a disputed claim shall not exceed 25% of the amount
the attorney assisted the victim or claimant in obtaining. To request payment
of attorney fees a written request for payment and the following documentation
must be submitted to CVC by the attorney:
(1)
an "Attorney's Statement Regarding Fees" form provided by the OAG;
and
(2) an itemized statement of
legal services rendered.
(d) If the attorney fee is based on an
undetermined amount which the attorney assisted the victim or claimant in
obtaining, the attorney may request attorney fee payments in installments or in
a lump sum upon final payment to or on behalf of a victim or claimant. The
attorney may be required to submit an itemized statement of legal services
rendered prior to each attorney fee payment. Attorney fee payments shall not be
paid in excess of the amount claimed in the itemized statement of legal
services.
(e) A victim or claimant
who is an attorney may not recover attorney fees associated with obtaining or
increasing his or her own compensation.
Notes
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