(A) Fee Agreements.
In a civil case, appointed counsel and the party represented may enter into a
contingent fee agreement only upon the Court’s approval of the terms of the agreement, as set
forth in a joint motion of appointed counsel and the party. Appointed counsel may not
condition the undertaking or continuation of the party’s representation on the making of such an
agreement.
(B) Party’s Ability to Pay for Legal Services.
If at any time the party represented becomes able to afford private counsel, the
appointed attorney or the party shall so notify the Court in writing provided the attorney may do
so consistent with all applicable ethical rules. If the appointment of counsel is vacated because
of the party’s ability to afford counsel, the appointed attorney and the party may enter into a fee
agreement for the attorney’s continued representation.
(C) Award of Attorney’s Fees and Costs.
Appointed counsel representing a prevailing party may apply for an award of
reasonable attorney’s fees and costs against the opposing party, where such an award is
authorized by applicable statute, rule or other provision of law.
(D) Expenses.
To the extent reasonable in light of his or her financial condition, a party
represented by appointed counsel shall bear the expenses of the litigation. Pursuant to Local
Rule 12.03, appointed counsel may apply for reimbursement of expenses and attorney’s fees
from the Court’s Attorney Admission Fee Non-Appropriated Fund.
(Paragraph D Amended July 9, 2004, effective August 16, 2004; Amended October 2, 2019, effective November 1, 2019)
