Section 11.12. Attorney fees.

 

(1)   Amount of fees. The department shall determine and allow reasonable attorney fees, commensurate with legal services rendered, which shall be paid directly to an attorney representing the claimant.

(a) Attorney fees may not exceed 10% of the amount the attorney assisted the applicant in obtaining.

(b) Attorney fees shall be paid out of, not in addition to, the amount awarded to the claimant.

(c) Where there is no dispute of the department's determination of the amount of the award due to the claimant, and where no contested case hearing is held, the attorney fee shall be the lesser of 10% of the amount the attorney assisted the claimant in obtaining or $100.

(2)   No additional attorney fees. No person may ask for, contract for or receive any fee in excess of that allowed by the department.

(a) The attorney shall provide a fee agreement to the department.

(b) Whoever charges a fee in violation of s. 949.14 (1) , Stats., shall forfeit double the amount retained by the attorney. This forfeiture shall be collected by this state in an action in debt, upon complaint of the department. Out of the sum received the court shall direct payment to a claimant in the amount of the overcharge.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92.