QUESTION

Who pays for a defense lawyer in small claims court? I am the plaintiff.

Asked on Feb 13th, 2014 on Breach of Contract - Colorado
More details to this question:
Hello, I want to bring my landlord to small claims court for the amount of $3000. My landlord has hired an attorney to represent him, and the attorney says that we will have to pay for him to represent our landlord, should we decide to take him to small claims court. I don't understand this. Please advise. Thank you, Emily
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You probably agreed to this in your lease.  Most leases have a provision in them requiring the losing party to pay the winner's attorneys' fees if there is litigation over the lease (sometimes the lease only provides for the tenant to pay the landlord's fees, but in NY, where I practice primarily, such a clause is deemed to be mutual).  You should read your lease carefully to see what it provides.  Regardless, you should not have to pay if you win.  Also, you would only be liable for "reasonable" attorneys' fees.  In a $3000 small claims case, which probably won't involve a lot of motion practice, discovery, or many court appearances, it is doubtful that any Court would approve a tremendous amount as a "reasonable" attorney fee.
Answered on Feb 14th, 2014 at 11:09 AM

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