Wisconsin Administrative Code
Department of Justice
Chapter Jus 11 - Awards For Victims Of Crime
Subchapter I - Crime Victim Compensation
Section Jus 11.12 - Attorney fees
Universal Citation: WI Admin Code ยง Jus 11.12
Current through August 26, 2024
(1) AMOUNT OF FEES. The department shall determine and allow reasonable attorney fees, commensurate with legal services rendered, which shall be paid directly to an attorney representing the claimant.
(a) Attorney fees may not exceed
10% of the amount the attorney assisted the applicant in obtaining.
(b) Attorney fees shall be paid out of, not
in addition to, the amount awarded to the claimant.
(c) Where there is no dispute of the
department's determination of the amount of the award due to the claimant, and
where no contested case hearing is held, the attorney fee shall be the lesser
of 10% of the amount the attorney assisted the claimant in obtaining or
$100.
(2) NO ADDITIONAL ATTORNEY FEES. No person may ask for, contract for or receive any fee in excess of that allowed by the department.
(a) The
attorney shall provide a fee agreement to the department.
(b) Whoever charges a fee in violation of s.
949.14(1),
Stats., shall forfeit double the amount retained by the attorney. This
forfeiture shall be collected by this state in an action in debt, upon
complaint of the department. Out of the sum received the court shall direct
payment to a claimant in the amount of the overcharge.
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