1. (a) Attorney’s fees shall be:

   1. (1) Approved by the board;

   2. (2) Reasonable and fair given:

      1. a. The difficulty of the claim and the nature, length and complexity of the services performed by the attorney;
      2. b. The usual and customary charge for work of like kind; and
      3. c. The claimant’s actual recovery; and
   3. (3) Paid either by the claimant or from the proceeds of any award.

2. (b) Upon receiving the order of the board approving the client’s claim, the attorney shall:

   1. (1) Submit to the board a fee request including:

      1. a. A statement of the fee charged; and
      2. b. Documentation supporting it; and
   2. (2) Submit to the attorney general copies of the same materials.
3. (c) If the attorney general objects to the fee request the attorney general shall do so in writing within 5 days of receipt of the request.

4. (d) Upon receipt of a written objection from the attorney general, the board shall make a decision on the fee request:

   1. (1) Taking into account the submissions of the attorney making the request and the objection of the attorney general; and
   2. (2) Applying the standards in (a)(2) above.

Source. #8510, eff 12-09-05, EXPIRED: 12-9-13