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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40664
Experience:  30 years in civil, probate, real estate, elder law
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Texas attorney only Can a texas represent mself in pro per

Customer Question

For a Texas attorney only
Can a texas represent himself in pro per and receive attorneys fees?
you cannot in other states.
I would also like to get some case law to back that up.
How long do you have to answer a complaint and can you file a counter claim at a later date
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
must be a texas attorney
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.Ray here to help you today.

No you cannot be paid lawyer fees here in Texas.This is considered unauthorized practice of law and the judge will not allow it under our professional rules of conduct.You can self represent in most cases you just cannot be paid for it here in Texas.

Expert:  Ray replied 1 year ago.

The practice of law is defined by statutes and case law.

Section 81.101 of the Texas Government Code states:

(a) In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.

(b) The definition in this section is not exclusive and does not deprive the judicial branch of the power and authority under both this chapter and the adjudicated cases to determine whether other services and acts not enumerated may constitute the practice of law.

(c) In this chapter, the "practice of law" does not include the design, creation, publication, distribution, display, or sale, including publication, distribution, display, or sale by means of an Internet web site, of written materials, books, forms, computer software, or similar products if the products clearly and conspicuously state that the products are not a substitute for the advice of an attorney. This subsection does not authorize the use of the products or similar media in violation of Chapter 83 and does not affect the applicability or enforceability of that chapter.

The above statute does not provide an exhaustive list of what constitutes the practice of law. The Texas Supreme Court has held that the courts ultimately decide what is the practice of law.

Section 81.102 of the Texas Government Code states who may practice law in Texas:

(a) Except as provided by Subsection (b), a person may not practice law in this state unless the person is a member of the state bar.

(b) The supreme court may promulgate rules prescribing the procedure for limited practice of law by:

(1) attorneys licensed in another jurisdiction;

(2) bona fide law students; and

(3) unlicensed graduate students who are attending or have attended a law school approved by the supreme court.

Other statutes also regulate the practice of law.

Section 83.001(a) of the Texas Government Code prohibits a "person, other than a person described in Subsection (b), may not charge or receive, either directly or indirectly, any compensation for all or any part of the preparation of a legal instrument affecting title to real property, including a deed, deed of trust, mortgage, and transfer or release of lien. Subsection (b) exempts licensed attorneys, real estate brokers or salesmen and mineral property lease transactions.

Section 38.122 of the Texas Penal Code prohibits a person from holding himself out to be a lawyer unless licensed to practice law if it is done with an intent to obtain an economic benefit.

Section 38.123 of the Texas Penal Code prohibits a person from taking certain actions with respect to personal injury claims if done with an intent to obtain an economic benefit.

Expert:  Ray replied 1 year ago.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.
I did not write the question properly
the question was can an ATTORNEY obtain attorney fees if he is representing himself pro per in a case.Also he is filing a counter claim very late it appears because I issued a complaint on December 28 and now March 10 I am receiving a counter complaint and amended answer. Sorry I was not clear regarding the question
Expert:  Ray replied 1 year ago.

Yes a lawyer can seek legal fees assuming they prevail.The courts here in Texas have discretion to award fees to the winning side and lawyer and usually do.The lawyer will have to submit an itemized bill for review by the judge as to what amount is added one.

The counterclaim might be stricken if deemed late.He only gets fees if he prevails here.

Expert:  Ray replied 1 year ago.

I am am not yet set up for phone calls can do unlimited chat will send you the offer, thanks.

Expert:  Ray replied 1 year ago.

It is very unlikely the counterclaimed would be deemed late here.

Rule 47. Claims for Relief

An original pleading which sets forth a claim for relief, whether an original petition, counterclaim, cross-claim, or third-party claim, shall contain:

(a) a short statement of the cause of action sufficient to give fair notice of the claim involved;

(b) a statement that the damages sought are within the jurisdictional limits of the court;

(c) except in suits governed by the Family Code, a statement that the party seeks:

(1) only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees; or

(2) monetary relief of $100,000 or less and non-monetary relief; or

(3) monetary relief over $100,000 but not more than $200,000; or

(4) monetary relief over $200,000 but not more than $1,000,000; or

(5) monetary relief over $1,000,000; and

(d) a demand for judgment for all the other relief to which the party deems himself entitled.

As long as it meets these pleading requirements it likely will be allowed if filed prior to trial.

Expert:  Ray replied 1 year ago.

Be happy to extend chat here I sent you the offer to do so, thanks.

Expert:  Ray replied 1 year ago.

Hi and welcome back to JA.Ray here to help you today.

Yes a lawyer can seek legal fees assuming they prevail.The courts here in Texas have discretion to award fees to the winning side and lawyer and usually do.The lawyer will have to submit an itemized bill for review by the judge as to what amount is added one.

The counterclaim might be stricken if deemed late.He only gets fees if he prevails here.

It is very unlikely the counterclaimed would be deemed late here.

Rule 47. Claims for Relief

An original pleading which sets forth a claim for relief, whether an original petition, counterclaim, cross-claim, or third-party claim, shall contain:

(a) a short statement of the cause of action sufficient to give fair notice of the claim involved;

(b) a statement that the damages sought are within the jurisdictional limits of the court;

(c) except in suits governed by the Family Code, a statement that the party seeks:

(1) only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees; or

(2) monetary relief of $100,000 or less and non-monetary relief; or

(3) monetary relief over $100,000 but not more than $200,000; or

(4) monetary relief over $200,000 but not more than $1,000,000; or

(5) monetary relief over $1,000,000; and

(d) a demand for judgment for all the other relief to which the party deems himself entitled.

As long as it meets these pleading requirements it likely will be allowed if filed prior to trial.

Expert:  Ray replied 1 year ago.

If you want to do extended chat here I sent you an offer, thanks..

Expert:  Ray replied 1 year ago.

If you can positive rate here it is much appreciated.