West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-5 - Voucher preparation and submission

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The preparation of a voucher must be based on accurate and detailed records of
				the panel attorney regarding the legal services provided to an eligible client
				in an eligible proceeding. The records must be maintained in a manner that, if
				audited by the agency, can readily demonstrate, for any day, the clients for
				whom services were provided, the nature of the services provided, and the time
				expended for each of the services. The failure to maintain accurate and
				detailed records will be a reason provided by the agency to a court for the
				rejection or reduction of vouchers notwithstanding that legal representation
				was actually provided.
5.2.
				Vouchers must be prepared using OVS. Instructions for accessing OVS,
				establishing an OVS account, and designating users for the account are set
				forth on the website. If assistance is needed, the OVS Help Desk should be
				contacted. Registration as a vendor with the State of West Virginia will be
				required for payment. The OVS Help Desk will assist with registration as a
				vendor.
5.3. Preparation of a
				voucher will require completion in OVS of an information page, an itemized
				statement of legal services, and an itemized statement of expenses. These
				documents must be completed fully and accurately.
5.4. In completing the forms for the voucher
				required by OVS, the following information must be provided as follows:
5.4.1. Last name and first name of the client
				must be provided. Identification of minors must be done by initials.
5.4.2. Legal services must be itemized and
				must be coded according to the classifications provided by the agency.
				Explanations or descriptions of an itemized service must be provided. The
				explanations or descriptions should not disclose either confidential
				communications between the attorney and client or the work product of the
				attorney. The explanations or descriptions should be sufficient, however, to
				determine the nature of the legal service provided and to support the amount of
				time allotted for the service. A list of abbreviations that may be used in
				providing explanations or descriptions is published on the website.
5.4.3. Explanations or descriptions for
				conferences, phone calls, or other communications must identify the person or
				persons involved, either by title, position, or relationship to the
				client.
5.4.4. Explanations or
				descriptions for research must state the subject of the research without
				revealing strategy or work product.
5.4.5. Explanations or descriptions for
				motions must state the purpose of the motions.
5.4.6. Explanations or descriptions for
				hearings must state the purpose of the hearing.
5.4.7. Explanations or descriptions for
				travel for which compensation of time is sought must include a point of origin
				and a destination and an indication whether the travel is for one direction or
				for a round trip. If a period of time is billed as travel, compensation cannot
				be requested for any other services provided during that time such as a
				telephone conversation or dictation of a work product. The statutory
				requirement of "actual" time precludes such billing.
5.4.8. If services are split between
				different clients, the explanation or description must provide identification
				of the other client to which time has been allotted. If services such as
				travel, waiting-in-court, or research relate to more than one client, panel
				attorneys are encouraged to split the time between or among the clients because
				this allotment of time provides a better analysis of costs per case and
				provides a better record of services in any subsequent proceeding challenging
				the effectiveness of representation.
5.4.9. Explanations or descriptions for
				services on the same date that are identical should be further explained or
				described. For example, if phone conversations with a client occur on the same
				day multiple times and are itemized separately, the explanation or descriptions
				should make reference to the "first" phone call, the "second" phone call, and
				so forth. The absence of such further explanation or description may result in
				a reduction of the amount requested for compensation based on the possible
				duplication of entries.