If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover. One of those alternative theories is res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”. In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence. The … [Read more...]
Archives for March 2009
An Attorney Representing Himself Cannot Claim Attorney’s Fees For The Time That He Spends Prosecuting His Own Claim
March 2, 2009 by
It is often a phone call from a carrier that becomes the impetus for a new blog post. This week’s phone call asked whether an attorney, representing himself, would be entitled to recover attorney’s fees for the time he spent prosecuting his own claim. The company said that an attorney, whose fancy car had been damaged, threatened to take his claim to court. The attorney insinuated that while there he intended to rack up outlandish attorney’s fees and thereby punish the carrier for not paying … [Read more...]
