Author Topic: Can I charge my own fees if I file pro se?  (Read 2923 times)

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Lawdog2012

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Re: Can I charge my own fees if I file pro se?
« Reply #30 on: August 07, 2012 08:55:28 PM »
But why wouldn't it be a mockery of the system to allow the attorney to make 500% of your damages for their fee? They could even get 1000% How is that fair?



The FDCPA statutory award is in the nature of a fine. It is designed to punish the offender and deter him from repeating the violation. It has no relation to the fee an attorney will charge you. Actually, it's a good deal, because the other side pays for your lawyer.

Is it fair? Yes, considering the attorney spent seven years in college to be able to represent you. You only alternative is to represent yourself, and be prepared to argue your case in front of a federal judge. You'll still only get 1,000 at the end if you prevail. Most pro se litigants are ill prepared to argue in federal court. The standard is much higher.

In state cases, the attorney must submit an affidavit and proof that his fees are reasonable. I'm not sure if federal court requires this, but I assure you an attorney cannot just submit some huge bill and expect that a judge will approve it.
I am not an attorney. Any information I post is my own opinion and should not be construed as legal advice.

deepkimchee

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Re: Can I charge my own fees if I file pro se?
« Reply #31 on: August 08, 2012 07:28:53 AM »
Regarding the comment about attorneys submitting affidavits proving reasonable fees, for judges approval.

Is that true in your state, or is this standard practice in all states?
I refuse to let a piece of paper intimidate me

My statements are educated/non-educated guesses, not legal advice

KFMAN

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Re: Can I charge my own fees if I file pro se?
« Reply #32 on: August 08, 2012 04:21:04 PM »


The FDCPA statutory award is in the nature of a fine. It is designed to punish the offender and deter him from repeating the violation. It has no relation to the fee an attorney will charge you. Actually, it's a good deal, because the other side pays for your lawyer.

Is it fair? Yes, considering the attorney spent seven years in college to be able to represent you. You only alternative is to represent yourself, and be prepared to argue your case in front of a federal judge. You'll still only get 1,000 at the end if you prevail. Most pro se litigants are ill prepared to argue in federal court. The standard is much higher.

In state cases, the attorney must submit an affidavit and proof that his fees are reasonable. I'm not sure if federal court requires this, but I assure you an attorney cannot just submit some huge bill and expect that a judge will approve it.
FWIW, I did 5 and believe Federal is easy. 

JDBStick

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Re: Can I charge my own fees if I file pro se?
« Reply #33 on: August 08, 2012 05:15:19 PM »
KFMAN

Where all of yours offensive, or defensive to get arbitration? Where they all generic $1000 issues, or larger amounts?
I am not a lawyer, but I did once ask to see the briefs of a really attractive paralegal.

KFMAN

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Re: Can I charge my own fees if I file pro se?
« Reply #34 on: August 08, 2012 05:51:14 PM »
KFMAN

Where all of yours offensive, or defensive to get arbitration? Where they all generic $1000 issues, or larger amounts?
Offensive and they had nothing to do with Arb.  All settlements could have been higher than $1,000.

Lawdog2012

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Re: Can I charge my own fees if I file pro se?
« Reply #35 on: August 08, 2012 05:57:05 PM »
Regarding the comment about attorneys submitting affidavits proving reasonable fees, for judges approval.

Is that true in your state, or is this standard practice in all states?



This is for my state, Connecticut. I don't know about others.

You can use Google Scholar advanced tab to research this. You can select what state courts you want to search. Just use the keywords 'attorney's fees." That should get you some cases in your state to review.
I am not an attorney. Any information I post is my own opinion and should not be construed as legal advice.

cgoodwin

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Re: Can I charge my own fees if I file pro se?
« Reply #36 on: August 09, 2012 12:03:11 PM »
I always feed my lawyer.

1. It is easy money for them and that means they are more likely to assist in other matters.
2. Because of fee shifting, it takes nothing away from me. That money was never available to me Pro Se.
3. It will cost the other side ALOT more than if I pursued it myself, making them likely to settle faster.
4. The lawyer ALWAYS get more than I do. That is the way it is. Period. Good for them, bad for creditor/collector.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

KFMAN

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Re: Can I charge my own fees if I file pro se?
« Reply #37 on: August 09, 2012 03:40:50 PM »
I always feed my lawyer.

1. It is easy money for them and that means they are more likely to assist in other matters.
2. Because of fee shifting, it takes nothing away from me. That money was never available to me Pro Se.
3. It will cost the other side ALOT more than if I pursued it myself, making them likely to settle faster.
4. The lawyer ALWAYS get more than I do. That is the way it is. Period. Good for them, bad for creditor/collector.
I wish I could find a good lawyer.

silverzgirl

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Re: Can I charge my own fees if I file pro se?
« Reply #38 on: August 09, 2012 05:45:11 PM »
I wish I could find a good lawyer.

Me too. I had one, but made the mistake of teaching him TCPA. Now he only does FDCPA, state and TCPA cases. If Barbie should get a new trial, I plan on adding all the other violations I have since found and that will take it out of justice court. I would rather have a pro. Ditto for the OC who has violated an NDA by reposting and verifying TLs that should be gone and taken 20+ peeks at the CR since it was dismissed with prejudice in arb.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

Lawdog2012

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Re: Can I charge my own fees if I file pro se?
« Reply #39 on: August 09, 2012 09:15:43 PM »
I wish I could find a good lawyer.



What state?
I am not an attorney. Any information I post is my own opinion and should not be construed as legal advice.

KFMAN

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Re: Can I charge my own fees if I file pro se?
« Reply #40 on: August 09, 2012 09:36:11 PM »

Lawdog2012

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Re: Can I charge my own fees if I file pro se?
« Reply #41 on: August 11, 2012 05:37:41 PM »
I haven't heard of any in your state.  I was hoping you'd be in NJ or TX.

Here are some NACA lawyers you can call, I'm sure one of them will help.

http://www.naca.net/find-attorney
I am not an attorney. Any information I post is my own opinion and should not be construed as legal advice.

KFMAN

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Re: Can I charge my own fees if I file pro se?
« Reply #42 on: August 13, 2012 05:42:04 PM »
I haven't heard of any in your state.  I was hoping you'd be in NJ or TX.

Here are some NACA lawyers you can call, I'm sure one of them will help.

http://www.naca.net/find-attorney
All NACA lawyers I have contacted have been a joke.
« Last Edit: August 13, 2012 06:43:22 PM by KFMAN »

silverzgirl

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Re: Can I charge my own fees if I file pro se?
« Reply #43 on: August 13, 2012 06:21:37 PM »
Only one bothered to call back eons ago and I used him. He turned out to be great. Today, though, he only likes FDCPA and TCPA cases (I showed him the TCPA possibilities which he never used before. Now he makes a great living.) He gave me names, but only one called back...I returned their call and heard nothing after.

Most rejected my latest need for one; it is a settlement violation of JAMS along with about 20 impermissible pulls of my credit (no longer have ties with said OC.)
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.