75E-5-314. Attorney fees.
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Effective 7/1/2026
75E-5-314. Attorney fees.
(1)The claims procedures shall be sufficiently simple that the assistance of an attorney is unnecessary, and no attorney fees may be paid for the assistance of an attorney or any other representative in filing the compensation claim or providing information to the compensation specialist.
(2)Attorney fees may be granted in the following circumstances and shall be paid out of the compensation award not to exceed 15% of the amount of the compensation award:
(a)when a compensation award is denied and, after a hearing, the decision to deny is overturned; or
(b)when minor dependents of a deceased victim require assistance in establishing a trust or determining a guardian.
(a)An attorney or any other person providing assistance in a compensation claim, who contracts for or receives sums not allowed under this chapter, is guilty of a class B misdemeanor.
(b)This Subsection
(3)does not apply to attorneys who assist the victim in filing a civil action against the perpetrator.
Renumbered and Amended by Chapter 291 , 2026 General Session