45 C.F.R. § 1642.2 Definitions.
Title 45 - Public Welfare
(a) Attorneys' fees means an award to compensate an attorney of the prevailing party made pursuant to common law or Federal or State law permitting or requiring the awarding of such fees or a payment to an attorney from a client's retroactive statutory benefits. (b) Attorneys' fees do not include the following: (1) Payments made to a recipient or an employee of a recipient for a case in which a court appoints the recipient employee to provide representation pursuant to a statute or court rule or practice equally applicable to all attorneys in the jurisdiction, and in which the recipient or employee receives compensation under the same terms and conditions as are applied generally to attorneys practicing in the court in which the appointment is made; (2) Payments made to a recipient or an employee of a recipient pursuant to a grant, contract or other agreement by a governmental agency or other third party for representation of clients; (3) Payments received as a result of sanctions imposed by a court for violations of court rules or practices, or statutes relating to court practice, including Rule 11 or discovery rules of the Federal Rules of Civil Procedure, or similar State court rules or practices, or statutes; and (4) Reimbursement of costs and expenses from an opposing party or from a client pursuant to §1642.6. (c) An award is an order by a court or an administrative agency that the unsuccessful party pay the attorneys' fees of the prevailing party or an order by a court or administrative agency approving a settlement agreement of the parties which provides for payment of attorneys' fees by an adversarial party. (d) To claim attorneys' fees means to include a request for attorneys' fees in any pleading.
Title 45: Public Welfare
PART 1642—ATTORNEYS' FEES
§ 1642.2 Definitions.
