52:4B-8 Attorney fees and costs.

298 words·~1 min read·/nj/title-52/chapter-4b/52-4b-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

8. a.

(1)The Victims of Crime Compensation Office may, as a part of any order entered under P.L.1971, c.317 (C.52:4B-1 et seq.), determine and allow reasonable attorney fees and costs, which shall not exceed 15 percent of the amount awarded as compensation under section 10 of P.L.1971, c.317 (C.52:4B-10), to be paid in addition to the amount of this compensation, to the attorney representing the applicant. Notwithstanding the provisions of this subsection, an award for attorney fees shall not be less than $500, unless the office determines that the attorney has not acted diligently or in good faith representing the claimant.

(2)If the office enters an order denying compensation, it may nevertheless allow attorney fees of $500 to the attorney representing the claimant if the office determines that the attorney has acted diligently or in good faith representing the claimant.

(3)It shall be unlawful for any attorney to ask for, contract for, or receive any larger sum than the amount allowed under paragraph

(1)or

(2)of this subsection.

b. The office may allow payment up to a maximum of $10,000, at an hourly rate of $275 or more to be fixed by the office, to an attorney who provides legal assistance to a victim in any legal matter arising out of the victimization, other than a decision of the Victims of Crime Compensation Office involving victim compensation or any related appeal, arising from or related to having been the victim of an offense specified in section 11 of P.L.1971, c.317 (C.52:4B-11), provided that the victim is otherwise eligible to receive compensation. Payment pursuant to this subsection shall be subject to the limitation on compensation set forth in section 18 of P.L.1971, c.317 (C.52:4B-18).

L.1971, c.317,s.8; amended 2007, c.95, s.9; 2015, c.190; 2019, c.380, s.3.