45 C.F.R. §1642.6
Recordkeeping Attorneys' Fees
| 1. | Pursuant to 45 C.F.R. § 1642.6, the
recipient shall maintain written policies and procedures
to guide its staff in complying with 45 C.F.R. Part 1642. |
| 2. | For each case in which a recipient
receives an award of attorneys' fees as defined in
§1642.2, the recipient shall include in the accounting
records documentation indicating that the case was filed
prior to April 26, 1996. |
| 3. | In accordance with § 1642.2(b)(1),
for each case in which a recipient receives compensation
for representation in a case where the recipient or an
employee of a recipient has been appointed to provide the
representation pursuant to a statute or court rule or
practice of equal applicability to all attorneys in the
jurisdiction, the recipients shall include in the
client's file copies of the court order directing that
the recipient or employee of the recipient provide
representation in the case and a copy of the statute or
court rule that permits such appointment. If the
appointment was made orally or was subject to an
unwritten practice, the recipient should include an
appropriate written description of the appointment or
practice, as the case may be. |
| 4. | In accordance with § 1642.2(b)(4),
for each case in which a recipient receives reimbursement
for out-of-pocket costs and expenses that come out of the
client's recovery of damages or statutory benefits, the
recipient shall include in the client's file or elsewhere
a copy of the retainer agreement or other document
indicating that the client has agreed to reimburse the
recipient for such costs and expenses. |
| 5. | As part of its recordkeeping system, the recipient shall maintain a separate file that identifies all attorneys' fees received. |
