Title 34, Chapter 9, Section 108
( 34-9-108)
(a) The fee of an attorney for service to a claimant in an amount of
more than $100.00 shall be subject to the approval of the board, and
no attorney shall be entitled to collect any fee or gratuity in
excess of $100.00 without the approval of the board. The board
shall approve no fee of an attorney for services to a claimant in
excess of 25 percent of the claimant's award of weekly benefits or
settlement. (b)(1) Upon a determination that proceedings have been brought,
prosecuted, or defended in whole or in part without reasonable
grounds, the administrative law judge or the board may assess the
adverse attorney's fee against the offending party. (2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer. (3) Any assessment of attorney's fees made under this subsection
shall be in addition to the compensation ordered. (4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to reasonable attorney's fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-10-24; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript. (c) An attorney shall not advertise to render services to a
potential claimant when he or she or his or her firm does not intend
to render said services and shall not divide a fee for legal
services with another attorney who is not a partner in or associate
of his or her law firm or law office, unless: (1) The client consents to employment of the other attorney after
a full disclosure that a fee division will be made; (2) The division is made in proportion to the services performed
and the responsibility assumed by each; and (3) The total fee of the attorneys does not clearly exceed
reasonable compensation for all legal services such attorneys
rendered to the client. (d) When attorney's fees or reasonable litigation expenses are
awarded under this Code section, the administrative law judge or the
board shall have the authority to order payment of such fees or
expenses on terms acceptable to the parties or within the discretion
of the board. |