Legal Opinion

Swanson & Setzke, Chtd. v. Henning

Idaho Court of Appeals

Decided April 27, 1989No. 17407PublishedCited by 38 opinions

1Opinion of the Court

BURNETT, Judge.

The Idaho Supreme Court has held that attorney fees may not be awarded to parties who appear pro se in civil litigation. O’Neil v. Schuckardt, 112 Idaho 472, 733 P.2d 693 (1987); Curtis v. Campbell, 105 Idaho 705, 672 P.2d 1035 (1983). Today we must decide whether this general rule applies to lawyer litigants who appear pro se. We hold that it does.

The issue is framed by a law firm’s suit against its former clients. The firm of Swanson & Setzke, Chtd., acting through one of its principals, sued Greg and Sharron Henning to collect a debt of $342.92 owed on open account for legal…

2Cases cited29 opinions

  1. Ellis v. CassidyCourt of Appeals for the Ninth Circuit · 1980
  2. Joseph Falcone v. Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1983
  3. Michael Alan Crooker v. United States Department of JusticeCourt of Appeals for the First Circuit · 1980
  4. Neill Hannon v. Security National BankCourt of Appeals for the Ninth Circuit · 1976
  5. O'NEIL v. SchuckardtIdaho Supreme Court · 1986

24 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Trope v. KatzCalifornia Supreme Court · 1995
  2. Bowles v. Pro Indiviso, Inc.Idaho Supreme Court · 1999
  3. Smith v. BatchelorUtah Supreme Court · 1992
  4. Strohm v. Clearone Communications, Inc.Utah Supreme Court · 2013
  5. Jones, Waldo, Holbrook & McDonough v. DawsonUtah Supreme Court · 1996

33 more not listed; retrieve them via the Exa API.

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