What Attorney Fees Can You Recover if You're Pro Se in Court
My question involves court procedures for the state of: Texas
Hi All,
Now acting pro se in a Breach of Contract case after my attorney advised that legal fees to continue representating me would far exceed the amount of the claim. Up to that point I had already paid almost $5K in legal fees to the attorney. I'm wondering if I can recover past legal fees incurred even though I am now pro se?
I am named Defendant but am including counterclaims in my Answer.
Thanks in advance!
NT
Re: What Attorney Fees Can You Recover if You're Pro Se in Court
If your contract expressly entitles prevailing party in legal dispute to recover legal fees, you should have held onto your attorney. Otherwise, if plaintiff is represented, you may end up paying their legal fees. But outside contractual provisions and statutory exceptions, prevailing parties generally have no right to recover attorney fees.
Re: What Attorney Fees Can You Recover if You're Pro Se in Court
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Quoting
tex11
If your contract expressly entitles prevailing party in legal dispute to recover legal fees, you should have held onto your attorney. Otherwise, if plaintiff is represented, you may end up paying their legal fees. But outside contractual provisions and statutory exceptions, prevailing parties generally have no right to recover attorney fees.
Hi tex11,
Appreciate the response. I'm not sure if this would make a difference but I should point out that the $5K in legal fees was incurred before the suit was filed against me. Some background:
The Plaintiff is a contractor hired to make improvements to my residence. After many disputes over being charged for unauthorized work and finding out subcontractors had not been paid, I felt justified in withholding additional payment from contractor until we could resolve issues. The work was only 50% complete at this time. He refused to respond to any requests to provide verification of expenses (which made very suspicious) and abandoned the project which I then completed myself. He continued to demand (now through his attorney) payment for full amount of contract and also amounts for the unauthorized work performed. This is about when I consulted an attorney because it was getting ugly.
My attorney responded to demand letters and through some other correspondences and research generated $5K in fees. He advised I should "wait it out" - the amount demanded was only $10K and he thought putting more of his time into it would not be helpful, that the contractor might just give up since he was also having to pay an attorney. He also pointed out that in his research he determined that contract itself was not valid and if the contractor continued pursuing payment I could easily quiet him on my own with this information.
Six months later the contractor filed a suit, Breach of Contract - claiming that I had not paid him for work performed under the contract. My answer in defense will be the validity of the contract, but if contract is upheld for whatever reason, the job was not completed and I don't owe the amount claimed for relief. I'm adding counterclaims since the contractor also caused $7500 damaged to my property (retaliation - witnessed and with police report) which I am now attempting to recover.
So long story not so short, I feel I am in a good position legally and (somewhat) comfortable representing myself - but wondering if I, acting pro se, can rightfully ask to recover the legal fees that I incurred before he brought the suit against me.
Any thoughts are very much appreciated!
NT
Re: What Attorney Fees Can You Recover if You're Pro Se in Court
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NewTexan
...So long story not so short, I feel I am in a good position legally and (somewhat) comfortable representing myself - but wondering if I, acting pro se, can rightfully ask to recover the legal fees that I incurred before he brought the suit against me...
Short answer is NO on recovery of pre-suit attorney fees.
Texas CPRC 38.001(8) allows prevailing party to recover attorney fees, but has qualifiers such that it may be unlikely you recover pre-suit fees.
But this statute may come back to bite you if Plaintiff prevails on ANY of his claims
http://causeofactionelements.blogspo...breach-of.html
Re: What Attorney Fees Can You Recover if You're Pro Se in Court
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Quoting
tex11
Short answer is NO on recovery of pre-suit attorney fees.
Texas CPRC 38.001(8) allows prevailing party to recover attorney fees, but has qualifiers such that it may be unlikely you recover pre-suit fees.
But this statute may come back to bite you if Plaintiff prevails on ANY of his claims
http://causeofactionelements.blogspo...breach-of.html
Thanks tex11 - I really appreciate your responses. Although the contract does specify attorney's fees, part of my defense is that the contract was invalid. It does appear that Texas CPRC 38.001(8) prevents me from recovering any pre-suit attorney's fees so I will not attempt to recover fees paid prior.
Thanks!
NT
Re: What Attorney Fees Can You Recover if You're Pro Se in Court
Did you sign your agreement to the terms of the contract?
What is the basis of your claim the contract is invalid?
Tread lightly as a pro se. You may be better served with trying to settle this case quickly or retaining an attorney. This can easily end up costing you far more than you bargained for
Is your case in county or district court?