Fee Application Requirements Whether Prior or Substituting Attorney

By Rosalind Asch-Hobeck 

If you are a substituted attorney or licensed representative and want to request a fee, you must submit Form OC-400.1 (Application for a Fee by an Attorney or Licensed Representative) within 30 days of filing Form OC-400 (Notice of Substitution).

However, if your fee request is $1,000 or less, you can make an oral request at the first hearing after being notified that your retainer has been terminated.

When submitting a Stipulation (Form C-300.5) or Agreed Upon Findings and Awards for Proposed Conciliation Decision (Form C-312.5) to the Board for approval, it must address the fee interest of any previous attorney or representative hired by the claimant.

If the parties agree that the substituted attorney or representative has a valid fee claim, Forms C-300.5 or C-312.5 must include an agreement between the previous and current attorney/representative on how the total fee will be divided.

The substituted attorney or representative can confirm their agreement by one of the following:

Signing the Party in Interest line on Form C-300.5

Signing the Party line on Form C-312.5

Providing a letter on firm letterhead attached to the form

If the substituted attorney’s fee interest is not addressed, the Board will reject the form.

So if you have been substituted or are the substituting attorney, you must consider the fees of both law firms in any agreement and you must make sure your fee application is filed with the Board.