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RULE §61.905Attorney 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.

Source Note: The provisions of this §61.905 adopted to be effective November 14, 2007, 32 TexReg 8121; amended to be effective October 30, 2014, 39 TexReg 8373

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