| (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.
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