Current through Register Vol. 54, No. 49, December 7, 2024
Section 411.52 - Representation by attorney(a) Title 1 of the Pennsylvania Code, Part II (relating to General Rules of Administrative Practice and Procedures) applies to the representation of a claimant by an attorney before OVS or in a hearing related to a claim submitted to OVS.(b) If an attorney has filed a notice of appearance on behalf of the claimant, the notice shall remain in effect until one of the following occurs: (1) The claimant files with OVS a written revocation of the authority of the attorney.(2) The attorney files with OVS a written statement of withdrawal from the case.(3) The attorney makes a statement of withdrawal from the case on the record at a hearing.(4) OVS receives notice of the license suspension or revocation or the death of the attorney.(c) During the period in which a notice of appearance filed under this section remains in effect, OVS may communicate with the attorney instead of the claimant. Service upon the attorney shall be deemed effective service upon the claimant.(d) An attorney who represents a claimant before OVS may receive a fee for that representation only under the act. After OVS makes an award, the attorney may request that OVS pay attorney's fees and costs by filing with OVS an affidavit of services, listing the nature of each service rendered and the amount of time spent in rendering the service, plus an itemized list of costs incurred in the preparation, procuring and filing of record papers regarding the claim.(e) In evaluating applications for attorney's fees, OVS will consider the following factors: (1) The time and labor required.(2) The novelty and difficulty of the questions.(3) The skill needed to perform the legal service properly.(4) Awards in similar claims.(f) A payment for attorney's fees shall be in addition to the award made to the direct victim, claimant or intervenor, but may not exceed 15% of that award. OVS may not reduce an award to a direct victim on account of payment of attorney's fees.(g) OVS may award no more than $75 per hour to an attorney in the preparation and presentation of a claim that is awarded.(h) It is unlawful for an attorney to contract for or receive a sum larger than the amount allowed.(i) OVS may deny or reduce an award for attorney's fees if an attorney asserts a false claim as to the time spent on a matter concerning OVS or asserts a false claim as to the services rendered to a claimant. OVS may refer the matter to the Disciplinary Board of the Pennsylvania Supreme Court, the Attorney General or other appropriate authorities.