45 C.F.R. § 1609.2
Definitions
(a) Fee-generating case means any case or matter which, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in a fee for legal services from an award to a client.
(b) Fee-generating case does not include a case where:
(1) A court appoints a recipient or an employee of a recipient to provide representation in a case pursuant to a statute or a court rule or practice equally applicable to all attorneys in the jurisdiction;
(2) A recipient undertakes representation under a contract with a government agency or other entity; or
(3) A recipient provides only advice and counsel or limited services, as those terms are defined in 45 CFR 1611.1(a) and (e), to an eligible client.
Notes of Decisions
Cited in 3
cases, 1979–1987 · leading case: Brotzman v. Brotzman, 283 N.W.2d 600 (Wis. Ct. App. 1979).
Brotzman v. Brotzman, 283 N.W.2d 600 (Wis. Ct. App. 1979). “It is, therefore, subject to 45 C.F.R. §§1609.2 and 1609.4(c). See also 42 U.”
Unemployed Workers Org. Comm. v. Batterton, 477 F. Supp. 509 (D. Maryland 1979). “Given the Civil Rights Attorneys Fees Awards Act, litigation of the type presented in this case may generally be considered “fee generating” under 45 C.F.R. § 1609.2 , and thus not usually eligible for assistance from legal service corporation attorneys.”
David Jordan v. City of Greenwood, Mississippi, Etc. v. North Mississippi Rural Legal Servs., Inc., Movant-Appellant, 808 F.2d 1114 (5th Cir. 1987). “45 C.F.R. § 1609.2 (1985). Cases where the possibility exists, if successful, of an award under 42 U.”
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