45 C.F.R. § 1609.5

Receiving reimbursement from a client

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(a) When a case results in recovery of damages or statutory benefits, a recipient may accept reimbursement from the client for out-of-pocket costs and expenses incurred in connection with the case, if the client has agreed in writing to reimburse the recipient for such costs and expenses out of any such recovery.

(b) A recipient may require a client to pay court costs when the client does not qualify to proceed in forma pauperis under the rules of the jurisdiction.

[75 FR 6818, Feb. 11, 2010, as amended at 82 FR 20447, May 2, 2017]
Notes of Decisions
Cited in 9 cases, 1977–1994 · leading case: Folsom v. Butte Cnty. Assn. of Governments, 652 P.2d 437 (Cal. 1982).
Folsom v. Butte Cnty. Assn. of Governments, 652 P.2d 437 (Cal. 1982). · cites it 2× “156 ]; see also 45 C.F.R. § 1609.5 (a).) [26] It is established that awards are properly made to plaintiffs' attorneys rather than to plaintiffs themselves ( Serrano III, supra, 20 Cal.”
Ehlert v. Ward, 588 S.W.2d 500 (Mo. 1979). · cites it 2× “45 C.F.R. § 1609.5 (b) (1978). Legal Aid of Western Missouri receives substantial federal funding and therefore this federal regulation requires appellant in any event to remit awarded legal fees to Legal Aid.”
Bessie Lee Harris v. Tower Loan of Mississippi, Inc., 609 F.2d 120 (5th Cir. 1980). “While the lower court opinion was unclear as to whether the attorney’s fees should be paid to Harris or directly to Legal Services, 45 C.F.R. 1609.5(b) requires that any fee be remitted promptly to Legal Services.”
Wiginton v. Pac. Credit Corp., 634 P.2d 111 (Haw. App. 1981). “…a Legal Aid Society which receives federal funding, the legal fee must be promptly remitted to the Legal Aid Society. 45 C.F.R. § 1609.5 (b) (1978).”
Rodriguez v. Taylor, 569 F.2d 1231 (3rd Cir. 1977). “Thus, as to this particular request for attorney’s fees we perceive no basis for disturbing the district court’s finding that “[p]rivate attorneys apparently lacked interest.”
In Re the Marriage of Malquist, 880 P.2d 1357 (Mont. 1994). “45 C.F.R. § 1609.5 . This regulation helps insure that eligible clients are able to obtain appropriate and effective legal assistance.”
Dennis v. Chang, 611 F.2d 1302 (9th Cir. 1980). “The implementing regulations provide that “[a] recipient may receive public .”
Card v. Dempsey, 445 F. Supp. 942 (E.D. Mich. 1978). “38,506 (1974) and 45 C.F.R. 1609.5(a), respectively. The legislative history of the CRAFAA contains recognition that LSOs would be eligible for fee awards on the same basis as private counsel.”
Glover v. Johnson, 531 F. Supp. 1036 (E.D. Mich. 1982). “45 C.F.R. § 1609.5 . The goal of the guidelines is to restrain the legal services groups from competition with private attorneys while still providing counsel where no private practitioners would accept the case.”
— 45 C.F.R. § 1609.5(a) — 1 case
Card v. Dempsey, 445 F. Supp. 942 (E.D. Mich. 1978). “38,506 (1974) and 45 C.F.R. 1609.5(a), respectively. The legislative history of the CRAFAA contains recognition that LSOs would be eligible for fee awards on the same basis as private counsel.”
— 45 C.F.R. § 1609.5(b) — 1 case
Bessie Lee Harris v. Tower Loan of Mississippi, Inc., 609 F.2d 120 (5th Cir. 1980). “While the lower court opinion was unclear as to whether the attorney’s fees should be paid to Harris or directly to Legal Services, 45 C.F.R. 1609.5(b) requires that any fee be remitted promptly to Legal Services.”
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