Filing motion to compel discovery
Not clear, but understand that if this atty attends hearing, writes motion and ONLY is associated with this motion I have a better chance? The clarity I need is atty. is not officially representing me in my actions, but is ONLY associated with me for this one hearing...no other atty. client relationship is needed or will be presumed?
The pro per litigant can certainly try to claim such consulting attorney fees as part of the sanctions requested. However, the court will not likely grant such attorney's fees.
The rule is that if you are not an attorney, you will not be entitled to recovery attorney fees as reasonable sanctions for any discovery motions. Parties appearing in pro per may not recover attorney fees through discovery sanctions. (Kravitz v. Sup.Ct. (Milner) (2001) 91 Cal.App.4th 1015, 1020—but such parties may recover reasonably identifiable litigation costs (e.g., photocopying, transportation to and from court, etc.) even if those costs would ordinarily be included in a lawyer's hourly rate.) In fact, in the case of Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1175, the court held that a party in pro per (although an attorney) cannot be awarded attorney’s fees as a discovery sanction.
Nevertheless, nothing prevents you from including the request in your discovery motion. It would be best if the attorney with whom you consulted provide the declaration in support of your request for monetary sanctions.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
1 found this helpful
4 lawyers agree
Divorce / Separation Lawyer
If you are not represented by legal counsel or you are representing yourself you do not have entitlement to legal fees. In regard to any consulting you might want to have him especially appear for the motion and request the attorney fees, it’s your best go.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.