C.F.R. » Title 45 » CHAPTER XVI—LEGAL SERVICES CORPORATION › PART 1609—FEE-GENERATING CASES

45 C.F.R. § 1609.4

Requesting and receiving attorneys' fees

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(a) Any petition seeking attorneys' fees for representation supported in whole or in part with funds provided by LSC, shall, to the extent permitted by law and rules in the jurisdiction, be filed in the name of the recipient.

(b) Attorneys' fees received by a recipient or an employee of a recipient for representation supported in whole or in part with funds provided by LSC shall be allocated to the fund in which the recipient's LSC grant is recorded in the same proportion that the amount of LSC funds expended bears to the total amount expended by the recipient to support the representation.

(c) Attorneys' fees received shall be recorded during the accounting period in which the money from the fee award is actually received by the recipient and may be expended for any purpose permitted by the LSC Act, regulations, and other law applicable at the time the money is received.

[82 FR 20447, May 2, 2017]
Notes of Decisions
Cited in 6 cases, 1977–1984 · leading case: Bessie Lee Harris v. Tower Loan of Mississippi, Inc.
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Bessie Lee Harris v. Tower Loan of Mississippi, Inc. (1980) ca5 “45 C.F.R. 1609.4(b). It is also argued that Legal Services was barred from accepting this case because the Act prohibits the use of Corporation funds to finance fee generating litigation.”
Rodriguez v. Taylor (1977) ca3 “If a legal services organization’s routine procedures comply with Legal Services Corporation regulations on fee-generating cases, 45 C.F.R. § 1609.4 , as CLS’s apparently do, we see no reason to establish a presumption that the organization circumvents its own procedures.”
Gulf Homes, Inc. v. Gonzales (1983) arizctapp “The criteria for determining whether other adequate representation is available are contained in 45 C.F.R. 1609.4. The record does not indicate that any of these criteria were met.”
Gulf Homes, Inc. v. Gonzales (1984) ariz “The criteria for determining whether other adequate representation is available are contained in 45 C.F.R. 1609.4. The record does not indicate that any of these criteria were met.”
Unemployed Workers Organizing Committee v. Batterton (1979) mdd “” 45 C.F.R. § 1609.4 (b). The present case chiefly sought an award of injunctive and declaratory relief, and thus is removed from the “fee generating” barrier to legal service representation *515 under the applicable regulations.”
Gulf Homes, Inc. v. Gonzales (1983) arizctapp “The criteria for determining whether other adequate representation is available are contained in 45 C.F.R. 1609.4. The record does not indicate that any of these criteria were met.”
— 45 C.F.R. § 1609.4(b) — 1 case
Bessie Lee Harris v. Tower Loan of Mississippi, Inc. (1980) ca5 “45 C.F.R. 1609.4(b). It is also argued that Legal Services was barred from accepting this case because the Act prohibits the use of Corporation funds to finance fee generating litigation.”
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