[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1225.11]



[Page 60]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1225_VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents

 

      Subpart B_Processing Individual Complaints of Discrimination

 

Sec. 1225.11  Amount of attorney fees.



    (a) When a decision of the agency provides for an award of 

attorney's fees or costs, the complainant's attorney shall submit a 

verified statement of costs and attorney's fees as appropriate, to the 

agency within 20 days of receipt of the decision. A statement of 

attorney's fees shall be accompanied by an affidavit executed by the 

attorney of record itemizing the attorney's charges for legal services. 

Both the verified statement and the accompanying affidavit shall be made 

a part of the complaint file. The amount of attorney's fees or costs to 

be awarded the complainant shall be determined by agreement between the 

complainant, the complainant's representative and the appropriate 

Director. Such agreement shall immediately be reduced to writing. If the 

complainant, the representative and the agency cannot reach an agreement 

on the amount of attorney's fees or costs within 20 calendar days of 

receipt of the verified statement and accompanying affidavit, the 

appropriate Director shall issue a decision determining the amount of 

attorney fees or costs within 30 calendar days of receipt of the 

statement and affidavit. Such decision shall include the specific 

reasons for determining the amount of the award.

    (b) The amount of attorney's fees shall be made in accordance with 

the following standards: The time and labor required, the novelty and 

difficulty of the questions, the skills requisite to perform the legal 

service properly, the preclusion of other employment by the attorney due 

to acceptance of the case, the customary fee, whether the fee is fixed 

or contingent, time limitation imposed by the client or the 

circumstances, the amount involved and the results obtained, the 

experience, reputation, and ability of the attorney, the undesirability 

of the case, the nature and length of the professional relationship with 

the client, and the awards in similar cases.



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