Recover own attorney fees?

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turbotong
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Joined: Thu Oct 28, 2010 12:53 am

Recover own attorney fees?

Postby turbotong » Tue Mar 06, 2012 2:37 pm

Hypothetically if you filed a lawsuit for yourself as a law student and won (presumably on something that allows recovery of attorney's fees), would you be able to recover attorney fees for yourself since you are just a student?
What if you are employed by a law firm who bills you out a $XXX per hour and pays you at least $YY per hour, and you had to give up working time to file this lawsuit for yourself?

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ggocat
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Joined: Sat Dec 13, 2008 1:51 pm

Re: Recover own attorney fees?

Postby ggocat » Tue Mar 06, 2012 3:13 pm

turbotong wrote:Hypothetically if you filed a lawsuit for yourself as a law student and won (presumably on something that allows recovery of attorney's fees), would you be able to recover attorney fees for yourself since you are just a student?
What if you are employed by a law firm who bills you out a $XXX per hour and pays you at least $YY per hour, and you had to give up working time to file this lawsuit for yourself?

Answers to your questions will depend on your state/jurisdiction, and likely the exact statute authorizing attorney's fees. If you want an answer, you will need to do the legal research yourself or ask (and pay for) an attorney.

For example, in my state some statutes authorize attorney's fees that are "incurred." The state supreme court has interpreted these statutes to prohibit the recovery attorney's fees as a pro se litigant, regardless of whether you are a lawyer, law student, or anything else. See Jackson v. State Office of Administrative Hearings, 351 S.W.3d 290, 299 (Tex. 2011).

Reprisal
Posts: 105
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Re: Recover own attorney fees?

Postby Reprisal » Tue Mar 06, 2012 4:21 pm

Google:

1) American Rule
2) Rule 37 fee sanctions
3) Punitive fee shifting
4) Appellate fee shifting
5) Common Fund Doctrine
6) [Local jurisdiction rules]

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ggocat
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Re: Recover own attorney fees?

Postby ggocat » Tue Mar 06, 2012 4:58 pm

Lol also just look up on Wikipedia for the federal standard: http://en.wikipedia.org/wiki/Pro_se_leg ... orney_fees

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.

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I.P. Daly
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Joined: Fri Nov 19, 2010 3:27 pm

Re: Recover own attorney fees?

Postby I.P. Daly » Tue Mar 06, 2012 5:04 pm

Man, people are so dang clever.

bdubs
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Joined: Sat Feb 06, 2010 2:23 pm

Re: Recover own attorney fees?

Postby bdubs » Thu Mar 08, 2012 6:17 pm

Even if they did award fees to pro se litigants, the market value of your time as an independent, unlicensed law student is practically zero.




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