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In a federal court contract dispute can a pro se plaintiff

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who prevails apply for reimbursement...
In a federal court contract dispute can a pro se plaintiff who prevails apply for reimbursement of his out of pocket attorneys fees in those cases where an attorney assisted him?
Submitted: 1 month ago.Category: Legal
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Answered in 6 hours by:
11/23/2017
Lawyer: Lucy, Esq., Attorney replied 1 month ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Federal law only allows a prevailing party to obtain attorney's fees from the opposing party when authorized by federal law or by the terms of a contract. Since this is a contracts dispute, you would only be able to claim any attorneys' fees if the contract provides for it.

When it does, typically the attorney must be representing you in order to claim the fees. However, if you have bills from someone who is charging you for things like drafting the Complaint, researching, and things of that nature, you can submit the bills to the court and request reimbursement. The costs for something like this service typically would not be reimbursed, because JustAnswer experts do not represent customers. We're simply providing information. But the starting point is the contract. If it doesn't allow for fees, nothing is reimbursable.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 1 month ago
In Arizona attorney fees are reimburseable under ARS 12-341.01 for any contract dispute regardless of what contract says. I'm looking for any authority where pro se litigant retained attorney to draft a complaint then continued pro se and prevailed.
Lawyer: Lucy, Esq., Attorney replied 1 month ago

I didn't realize you were looking for case law. I'll opt out and see if another expert can help.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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