CALIFORNIA FAMILY LAW
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Attorney Fees
......Attorneys In Propria Persona
12 Cards On This Topic:
Attorney representing self in action to enforce K containing attorney fee provision may not recover reasonable atty's fees under CC §1717.
CCP 128.7 does not authorize sanctions in form of an award of atty fees to self-represented attorneys.
Sole trustee, sole settlor and beneficiary of revocable living trust does not appear in trust proceedings in representative capacity, but acts in pro per and does not violate bar against practicing law w/out a license.
Incorporated attorney not entitled to recover work done in own case or in a case in which spouse has a joint and indivisible interest; fees for associates are recoverable.
D law firm not entitled to atty fee award for work done by its own attys, but atty, appearing on own behalf, entitled to fees for retained outside counsel.
Attorney in pro per who prevails in action on contract with atty fee provision may recover reasonable fees incurred for services of other attorneys who assisted him in, even though they did not appear of record.
Attorney and law firm may recover sanctions even though attorney represented himself and did not pay or "incur" any liability for attorney.
Pro se litigant can't recover atty's fees as discovery sanction, but can recover reasonable expenses incurred, incl. computer-assisted legal research, copying, & other identifiable, allocable costs.
Attorney represented by members of his/her law firm incurs "fees," is party to attorney-client relationship, and may recover attorney fees under Civ. Code §1717.
Entity represented by in-house counsel may recover attorney fees under Civ. Code §1717.
Attorney in pro per may not be awarded monetary discovery sanction based on compensation for time and effort expended as result of misuse of discovery process.
Attorneys in pro per properly awarded attys fees under CCP §128.5 for P's bad faith, frivolous actions; Trope inapposite.