Tennessee § 29-13-112 - Attorney's fees.

§ 29-13-112. Attorney's fees.

In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following: Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims. Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed. Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750). There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met: The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule. It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed under this section. Acts 1976, ch. 736, § 12; T.C.A., §§ 23-3512, 23-35-112; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 20; 1993, ch. 494, § 12; 1994, ch. 808, § 3. Compiler's Notes. Acts 1989, ch. 129, § 23 provided that the 1989 amendments by that act shall apply to all claims for compensation filed on or after January 1, 1990. Acts 1994, ch. 808, § 5 provided that this section shall apply to all claims filed on or after July 1, 1994. Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. Conflicts of interest of attorneys who are also legislators, OAG 88-105 (5/25/88). An attorney, including a Title 37 guardian ad litem, who files a criminal injuries compensation claim on behalf of a child at the request of the Department of Children's Services is eligible for attorney's fees, OAG 05-185 (12/28/05).