A bill to restore to persons having claims against the United States their right to be represented by legal counsel of their own choosing.

Summary

Directs the following agency heads to prescribe rules for the determination of a reasonable amount for attorneys' fees for claims brought before them: the Secretary of Health, Education and Welfare; the Administrator of Veterans' Affairs; the Foreign Claims Settlement Commission; the Secretary of Labor in cases before the Supreme Court and involving the Longshoremen's and Harbor Workers' Compensation Act; the Railroad Retirement Board; and the President under the Trading with the Enemy Act. Applies the following criteria to fee determination: time and professional skill involved; value of benefits received by the claimant; and the degree of certainty about fee payment. Permits the agency to establish standard fees for legal services on the basis of one or more of the following factors: the type of claim, the administration level at which it is acted upon, and the amount of money awarded or other action taken. Requires the reporting of fees to the agency within 31 days after termination of the services. Provides a penalty or a fine of not more than $1000 or imprisonment of not more than a year or both for violation of reporting and fee regulations. Permits the agency to change the fee reported by the attorney if the fee is unreasonable. Requires the agency to notify the attorney about any challenges to fees reported within 21 days. Permits the attorney to have a conference to justify the fee charged. Allows the attorney to challenge the agency's ruling in the appropriate U.S. district court on the grounds that the agency erroneously applied its rules or that the rules do not conform with law. Provides that any attorney who violates the provisions of this Act is liable for civil damages to the claimant.

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1 official file

• Introduced in House

  summary · EN · 6 January 1973

  Open at official source

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