My lawyers work looks as if it is done here.. I just opened up a "small claims" case asking for fees back and had to file.. I plan on telling the judge that I am not suing for my attorney fees, rather I am suing for the damage it caused me to fight this action meaning - I couldn't eat for 4 months, do laundry, had to resort to going to food panty's/soup kitchens - In other words the 5K I had to hire counsel for caused me to be impoverished which is the truth - I was sued for slander 5 days ago the the guy who sued didn't state cause of action -- It was dismissed.. Any ideas on where my Small Claims case will go at this point? I also filed with the NYSA against the plaintiffs attorney for taking this case and hurting me in this way
sued for slander 5 months ago, not 5 days ago.. - I feel I deserve to be compensated for due to his asinine actions against me
Criminal Defense Attorney
You generally don't get fees back from your lawyer just because you lost.
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Any ideas on where my Small Claims case will go at this point?
Straight to dismissal.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
How did you manage to put $5000 together if you got impoverished but paying them? What are you doing for a living?
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Lawsuit for you being impoverished will not fly. Lawsuit to recovery money for your legal fees probably will not fly either. Ask your prior lawyer for advice. Not sure why you filed with NYSA? Who is NYSA?
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The principles that are driving your feeling that you should be made genuinely whole after what you have been put through are embodied in the laws of the various states, most typically as claims for damages for abuse of process and malicious prosecution. These are very difficult claims to bring successfully as lawsuits. The standards and specifications are very high and exacting. In fact, these kinds of claims are labelled "disfavored," causing them to be very skeptically scrutinized by the courts.
In most litigated matters, it is the policy decision of the law that attorneys fees are not recoverable to the successful litigant (you). Where the law chooses to make the successful litigant whole to that extent, the law of the claim on which you were originally sued will specifically allow for recovery of attorney's fees. Attempting to recover as damages your attorney's fees (or the financial losses and damages caused by having had to pay them) in the absence of a statutory provision (or an order of the court) will usually fail.
In the matter you describe, the small claims court may decide that there is no jurisdiction -- that is, that the court could not make an award to you even if it wanted to because the previous court implicitly considered that issue and the failure of the previous court to make such an order as part of the original case may be presumed to stand as an affirmative decision against such a award.
These are difficult, technical, and complicated legal principles, and it is understandable that pro per litigants have great difficulty in effective use of them.
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