Section 2 AAC 60.310 - Fee agreementsThe OEFA will not provide legal services to an older Alaskan accepted by the OEFA under 2 AAC 60.300, unless the older Alaskan has entered into a fee agreement with the OEFA. The fee agreement must be a contingency fee agreement in compliance with the Alaska Rules of Professional Conduct and contain the following provisions:
(1) if the client prevails, the OEFA will first seek recovery of the OEFA's attorney's fee from the defendant; the OEFA may seek from the court up to 30 percent of the amount awarded unless the court finds justification for a higher award under Alaska Rule of Civil Procedure 82; if the defendant is unable to satisfy the award of the OEFA's attorney's fee, the OEFA will next seek recovery from the client;(2) if the client does not prevail, the OEFA will not seek recovery from the client for the OEFA's attorney's fee;(3) if the matter is settled by compromise, the OEFA will treat the client as a prevailing party for purposes of determining the OEFA's attorney's fee and apply the standards described in (1) of this section;(4) regardless of whether the client prevails, the client is responsible to pay to the OEFA all costs directly incurred by the OEFA, including(B) contract investigations fees;(C) expert witnesses fees;(E) photocopying costs; and(F) transcription and court reporter costs;(5) if an undue hardship or inequity would result from requiring the client to pay the OEFA's attorney's fee or costs, the public advocate may waive any portion, or all, of the OEFA's attorney's fee and costs.Eff. 5/30/2007, Register 182Authority:AS 44.21.410
AS 44.21.415