[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: 45CFR1642.2]



[Page 460-461]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1642_ATTORNEYS' FEES--Table of Contents

 

Sec. 1642.2  Definitions.



    (a) Attorneys' fees means an award to compensate an attorney of the 

prevailing party made pursuant to common law or Federal or State law 

permitting or requiring the awarding of such fees or a payment to an 

attorney from a client's retroactive statutory benefits.

    (b) Attorneys' fees do not include the following:

    (1) Payments made to a recipient or an employee of a recipient for a 

case in which a court appoints the recipient employee to provide 

representation pursuant to a statute or court rule or practice equally 

applicable to all attorneys in the jurisdiction, and in which the 

recipient or employee receives compensation under the same terms and 

conditions as are applied generally to attorneys practicing in the court 

in which the appointment is made;

    (2) Payments made to a recipient or an employee of a recipient 

pursuant to a grant, contract or other agreement by a governmental 

agency or other third party for representation of clients;

    (3) Payments received as a result of sanctions imposed by a court 

for violations of court rules or practices, or statutes relating to 

court practice, including Rule 11 or discovery rules of the Federal 

Rules of Civil Procedure, or similar State court rules or practices, or 

statutes; and

    (4) Reimbursement of costs and expenses from an opposing party or 

from a client pursuant to Sec. 1642.6.

    (c) An award is an order by a court or an administrative agency that 

the unsuccessful party pay the attorneys' fees of the prevailing party 

or an order by a



[[Page 461]]



court or administrative agency approving a settlement agreement of the 

parties which provides for payment of attorneys' fees by an adversarial 

party.

    (d) To claim attorneys' fees means to include a request for 

attorneys' fees in any pleading.