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  1. #1
    Join Date
    Feb 2011
    Posts
    576

    Default Re: What Attorney Fees Can You Recover if You're Pro Se in Court

    Quote Quoting NewTexan
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    ...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

  2. #2
    Join Date
    Jun 2014
    Posts
    5

    Default Re: What Attorney Fees Can You Recover if You're Pro Se in Court

    Quote Quoting tex11
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    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

  3. #3
    Join Date
    Feb 2011
    Posts
    576

    Default 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?

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