N.Y. Comp. Codes R. & Regs. tit. 9 § 525.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 525.9 - Representation by attorney

(a) A claimant and/or victim may choose to be represented before the office, at any stage of a claim, by an attorney-at-law duly licensed to practice in the State of New York and/or before the Appellate Division upon judicial review of the office's final determination. However, only those fees incurred by a claimant during (1) the administrative review for reconsideration of such decision pursuant to subdivision (2) of section 627 of the Executive Law and/or (2) the judicial review of the final decision of the office pursuant to section 629 of the Executive Law may be considered for reimbursement by the office. The office shall provide written notification to an applying claimant and/or victim of their right to representation by counsel, as well as their potential eligibility for an award of attorney's fees pursuant to Executive Law subdivision one of section 626 of Article 22 if they are successful during the administrative review and/or before the appellate division upon judicial review, pursuant to subdivision (g) of section 525.3 of this Part . Parties shall provide to the office an authorization compliant with subdivision (c) of section 525.3 of this Part.

(b) The attorney shall file a notice of appearance and, when appropriate, a notice of substitution prior to or at his or her first appearance.

(c) Upon a successful review pursuant to subdivision (a) of this section attorney's fees may be approved by the office which may require a written statement of services rendered. Whenever an award is made to a claimant who is represented by an attorney, the office may approve a reasonable fee commensurate with the services rendered, up to $1,000.

(d) The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the fee customarily charged in the locality for similar legal services;

(3) the amount involved and the results obtained;

(4) the time limitations imposed by the client or by the circumstances;

(5) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(6) whether any part of the cost of the legal service provided to the claimant has been paid or is payable by a third party.

(e) If any party designates an attorney-at-law to represent him or her and such attorney has executed and filed with the office a notice of appearance in the matter, such notice shall remain in effect until:

(1) the party represented files with the office a written revocation of the attorney's authority;

(2) the attorney files with the office a written statement of his or her withdrawal from the case;

(3) the attorney states on the record at an office hearing that he or she is withdrawing from the case; or

(4) the office receives notice of the attorney's death or disqualification.

(f) After the filing of an authorization and a notice of appearance in accordance with this section, and so long as both remain in effect, copies of all written communications or notices in the matter to the party shall be sent to such attorney in addition to the party represented. Service upon the attorney shall be deemed service on the party he or she represents.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.9

Amended New York State Register January 13, 2016/Volume XXXVIII, Issue 02, eff.1/13/2016