“Attorney fees shall only be paid when the [commission1] makes an award to the claimant for medical expenses that the claimant has paid or for loss of earnings or loss of support, or both, payable to the claimant. The attorney shall not receive from the claimant or any other source an attorney fee attributable, in whole or part, to that portion of an award paid to medical providers.” Mich Admin Code, R 18.352(1).
Mich Admin Code, R 18.352(2)-(4) set out the maximum amounts for attorney fee awards:
“(2)When a [commission] member decides a claim in favor of a claimant and the claimant does not appeal to the full [commission], the attorney fee awarded by the [commission] member shall not exceed 15% of the amount awarded to the claimant and is payable from the award.
(3) When the full [commission] decides a claim totally or partially in favor of a claimant and judicial review is not sought within 30 days of the [commission] decision, the attorney fee awarded by the [commission] shall not exceed 15% of the amount awarded to the claimant and is payable from the award.
(4) In cases involving judicial review, where the claimant prevailed in whole or in part, the [commission], upon conclusion of any further review of the claim, shall determine and allow attorney fees pursuant to a fee request which is duly submitted or which has been agreed upon with the attorney of record. For purposes of this subrule only, the attorney fee shall not exceed 25% of the amount awarded to the claimant.” Mich Admin Code, R 18.352(2)-(4).
“An attorney shall not charge, demand, receive, or collect any fee for services rendered in connection with any claim or appeal or in conjunction with review before the [commission] or judicial review, except as allowed under this rule. However, an attorney may agree to accept a lesser attorney fee than is allowed by this rule and may agree to waive or not accept any attorney fee.” Mich Admin Code, R 18.352(5).
“In the event of subrogation under [MCL 18.3642], if private counsel is involved, the chair or [commission] may agree to reimburse attorney fees up to 15% of the amount paid to the board by the victim or claimant. However, for good cause shown, the [commission] may elect to waive the limitation on attorney fees imposed by [Mich Admin Code, R 18.352(1)].” Mich Admin Code, R 18352(6).
“If the [commission] or a member of the [commission] determines that the claimant will not suffer serious financial hardship, then attorney fees shall not be awarded.”3 Mich Admin Code, R 18.352(7).
1 The CVSC was formerly the Crime Victims Compensation Board. See MCL 18.352(1) (“[t]he crime victims compensation board formerly created within the department of management and budget under [MCL 18.352] is renamed the crime victim services commission [(CVSC)][]”).
2 For additional information on subrogation under MCL 18.364, see Section 9.12(B).
3 For additional information on determining a claimant’s financial hardship, see Section 9.9(G)