§ 12-25-25 - Attorneys' fees.
SECTION 12-25-25
§ 12-25-25 Attorneys' fees. – (a) The treasurer may award attorneys' fees pursuant to this section from theviolent crimes indemnity account for successful appeals of the administrator'sawards of compensation brought pursuant to § 12-25-18(g).
(b) The superior court may award attorneys' fees pursuant tothis section from the violent crimes indemnity account for successful appealsof treasurer's office awards of compensation brought pursuant to §12-25-18(i).
(c) At the conclusion of the appeal proceedings, the attorneyrepresenting the plaintiff shall file a statement with the treasurer or courtsetting forth the amount of fee proposed to be charged in connection with hisor her efforts and services rendered in the proceedings.
(2) In determining the amount of compensation to be awardedan attorney, the treasurer or the court shall consider the time expended by theplaintiff 's attorney in preparation, in settlement negotiations, and in courtor hearing attendance, the total amount awarded to the plaintiff for injuriesincurred, and the amount of revenue in the violent crimes indemnity account,together with the number and the nature of claims pending against it.
(3) The amount of compensation awarded to plaintiff 'sattorney shall not exceed fifteen percent (15%) of the total amount awarded tothe plaintiff, or fifteen hundred dollars ($1,500), whichever is less;provided, that in unusual circumstances, the treasurer or court may award alarger attorney's fee if it finds that a departure from the limits set forth inthis subsection is warranted, stating specific reasons upon which the findingand award is based.
(4) Attorneys' fees shall not be awarded in those casesbrought by the office of the child advocate.
(d) After the fee information is filed by an attorney undersubsection (a) of this section, the treasurer or court shall determine whetherthe proposed fee conforms with the standards set forth in subsection (a) ofthis section. If the treasurer or court initially determines that the proposedfee does not so conform, the treasurer or court shall, upon notice to theattorney, determine the amount of a reasonable fee to be awarded in accordancewith those standards.
(e) Any attorney who charges, demands, receives or collectsfor services rendered in connection with any proceedings under this chapter anyamount in excess of that allowed under this section, if any compensation ispaid, shall be subject to disciplinary action and other appropriate action tobe taken by the bar association of the state of Rhode Island.
(f) Upon certification by the treasurer or court to theeffect that the fee has been established, the administrator shall pay to theattorney named in the certification the amount of the counsel fee which shallbe paid from the violent crimes indemnity account.