QUESTION

Can a plaintiff be represented by an attorney if the defendant isn't represented by an attorney? Can the court award properties? In this case sinks?

Asked on Sep 10th, 2012 on Business Law - Colorado
More details to this question:
If so, can the plaintiff ask the defendant to pay for the attorney's fees? I'm the defendant. We have a cleaning business and the plaintiff says we scratched her sinks. We don't think we did but offered to replace the sinks anyways. The plaintiff refuses to accept the sinks and wants money instead. We have a policy not to award money to clients because we have been taken advantage of before.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Yes. No. You are not entitled to have your attorneys' fees paid by the other side unless an applicable statute expressly allows it AND you are the prevailing party. Ordinary negligence cases do not qualify for fee-shifting.
Answered on Sep 10th, 2012 at 12:21 PM

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