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

