Asbestos Lawyers: FAIR Act of 2005

Your Asbestos Lawyers provides you with House Resolution 1360: FAIR Act of 2005. If you have been injured by Asbestos, this document may help you understand your Asbestos lawsuit. To find out if you have a claim, use our FREE Asbestos Case Evaluator.

SEC. 104. CLAIMANT ASSISTANCE.

(a) Establishment- Not later than 180 days after the enactment of this Act, the Administrator shall establish a comprehensive asbestos claimant assistance program to--

(1) publicize and provide information to potential claimants about the availability of benefits for eligible claimants under this Act, and the procedures for filing claims and for obtaining assistance in filing claims;

(2) provide assistance to potential claimants in preparing and submitting claims, including assistance in obtaining the documentation necessary to support a claim;

(3) respond to inquiries from claimants and potential claimants; and

(4) provide training with respect to the applicable procedures for the preparation and filing of claims to persons who provide assistance or representation to claimants.

(b) Resource Centers- The claimant assistance program shall provide for the establishment of resource centers in areas where there are determined to be large concentrations of potential claimants. These centers shall be located, to the extent feasible, in facilities of the Department of Labor or other Federal agencies.

(c) Contracts- The claimant assistance program may be carried out in part through contracts with labor organizations, community-based organizations, and other entities which represent or provide services to potential claimants, except that such organizations may not have a financial interest in the outcome of claims filed with the Office.

(d) Legal Assistance-

(1) IN GENERAL- As part of the program established under subsection (a), the Administrator shall establish a legal assistance program to provide assistance to asbestos claimants concerning legal representation issues.

(2) LIST OF QUALIFIED ATTORNEYS- As part of the program, the Administrator shall maintain a roster of qualified attorneys who have agreed to provide pro bono services to asbestos claimants under rules established by the Administrator. The claimants shall not be required to use the attorneys listed on such roster.

(3) NOTICE-

(A) NOTICE BY ADMINISTRATOR- The Administrator shall provide asbestos claimants with notice of, and information relating to--

(i) pro bono services for legal assistance available to those claimants; and

(ii) any limitations on attorneys fees for claims filed under this title.

(B) NOTICE BY ATTORNEYS- Before a person becomes a client of an attorney with respect to an asbestos claim that attorney shall provide notice to that person of pro bono services for legal assistance available for that claim.

(e) Attorney's Fees-

(1) IN GENERAL- Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than that percentage specified in paragraph (2) of an award made under this Act on such claim.

(2) APPLICABLE PERCENTAGE LIMITATIONS-

(A) IN GENERAL- The percentage limitation under paragraph (1) shall be--

(i) 2 percent for the filing of an initial claim; and

(ii) 10 percent with respect to any claim under appellate review.

(B) EXCEPTION- The Administrator may by rule adopt a lower percentage limitation for particular classes of cases if the Administrator finds that--

(i) the percentage limitation otherwise applicable under this paragraph would result in unreasonably high compensation to claimants' representatives in such cases; and

(ii) such lower percentage limitation would be reasonable and would not unduly limit the availability of representatives to claimants.

(3) PENALTY- Any representative of an asbestos claimant who violates this subsection shall be fined not more than $5,000.