Can a paralegal represent themselves if no lawyer want the case and could they charge fees along with damages?
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Can a paralegal represent themselves if no lawyer want the case and could they charge fees along with damages?
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[BUMP] Coming July '09
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Anyone can represent themselves, whether they are a paralegal or not. A paralegal cannot represent someone else.
A pro per (or pro se) litigant cannot make a claim for attorney's fees because they are not represented by an attorney and there are no attorney's fees. Even if an attorney represents themselves they cannot request attorney's fees. A claim for attorney's fees can only be made when the litigant has a hired attorney that is representing them. |
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CatLaw
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Who would you charge fees to, your client is yourself. If you are asking could you get a court to award you attorney fees when there is no attorney, that is very very doubtful. You may be able to get your expenses paid for IF YOU WIN the case AND your case is in a court that allows this, pleading a complaint that allows a motion for the loser to pay the winner's fees. Not all courts follow that.
If you are acting as an attorney, you will probably be unable to get fees on the paralegal rate, because you are not doing paralegal work. This is the same as when an attorney does the legal research, copying, mailing or other functions that the judiciary feels is the job of a 'law clerk' or a 'paralegal'. Then the attorney cannot get their usual rate because the function is not that of an attorney -- to the judge.
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