(a) Party’s Ability to Pay. Where, as part of the process of assigning counsel, the judge finds that  the party is able to pay for legal services in whole or in part, but that assignment is nevertheless justified, the  judge shall include in the order of assignment provisions for any fee arrangement between the  party and the assigned counsel.

If assigned counsel discovers, after assignment, that the party can for legal services in  whole or in part, counsel shall bring that information to the attention of the judge.

Thereupon the  judge may either (1) authorize the party and counsel to enter into a fee agreement subject to the judge’s approval, or (2) relieve counsel from the responsibilities of the order of assignment and  either permit the party to retain an attorney or to proceed pro se.

(b) Fee Agreements. If assigned counsel wishes to negotiate a fee arrangement with the client,  counsel is expected to do so at the outset of the representation. Any such fee arrangement is subject to all  applicable rules and canons of professional conduct. Any fee agreement that assigned counsel  and the client may reach must be submitted to the court for review and approval before the  agreement becomes effective and is subject to revision by the court.

(c) Allowance of Fees. Upon appropriate application by assigned counsel, the judge may award  attorney’s fees to assigned counsel for services rendered in the action as authorized by applicable  statute, regulation, rule, or other provision of law, including case law.

Amended January 31, 2012, June 29, 2015 and December 23, 2016