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.



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