Does a pro se litigant who is denied a denial of fees on the grounds that he did not retain an attorney be penalized by the court for making the choice to represent himself?
MultiRegion, United States of America
The following excerpt is from In re Emergency Beacon Corp., 27 BR 757 (Bankr. S.D.N.Y. 1983):
By making the choice to represent himself, a pro se litigant is not penalized by the denial of fees on the ground that he did not retain an attorney. On the contrary, had an attorney been retained, the recovered fees would inure to such attorney, not the pro se litigant. In either situation, the pro se receives nothing for himself. As the court stated in Cunningham v. F.B.I., supra,
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