Can a lawyer litigant claim an attorney fee without paying consideration in exchange for legal representation?
California, United States of America
The following excerpt is from Argaman v. Ratan, 73 Cal.App.4th 1173, 86 Cal.Rptr.2d 917 (Cal. App. 1999):
" 'The system would be one-sided, and would be viewed by the public as unfair, if one party (a lawyer litigant) could qualify for a fee award without incurring the potential out-of-pocket obligation that the opposing party (a nonlawyer) ordinarily must bear in order to qualify for a similar award [i.e., without paying or becoming liable to pay consideration in exchange for legal representation]. Moreover, if both parties opt to litigate pro se, it would be palpably unjust for one of them (the lawyer litigant) to remain eligible for an attorney fee award, while the other becomes ineligible.... [p] ... [p] In our view, the public perception of fairness in the legal system is of greater moment than a lawyer litigant's claim to an attorney fee award if he elects to represent himself.' [Citations.]" (Trope v. Katz, supra, 11 Cal.4th at p. 286, 45 Cal.Rptr.2d 241, 902 P.2d 259, original italics.)
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