What does attorney mean in 'reasonable attorney fees'

[xyzlost]

What is the name of your state?Mississippi. I have a finance company and sue people often in justice court. The law allows me to charge a reasonable attorney fee. I pay an individual who is not a licensed attorney to write the court declarations and to appear in court on my behalf. I include these fees as attorney fees. I was audited by the state finance department and the auditor said if I were to charge attorney fees on suits I HAD to have an actual attorney that has a license to practice law or someone working under him to do my legal work. Is this true? Where does the law define the word 'attorney'?

 

[badapple40]

What is the name of your state?Mississippi. I have a finance company and sue people often in justice court. The law allows me to charge a reasonable attorney fee. I pay an individual who is not a licensed attorney to write the court declarations and to appear in court on my behalf. I include these fees as attorney fees. I was audited by the state finance department and the auditor said if I were to charge attorney fees on suits I HAD to have an actual attorney that has a license to practice law or someone working under him to do my legal work. Is this true? Where does the law define the word 'attorney'?

Yes, it is true, and the word attorney is defined by case law as one licensed to practice law.

In the jurisdictions I am licensed in, the bar association would file an action against you for your unauthorized practice of law by having a non-attorney appear in court on your behalf. I'm sure that is the case in Mississippi, and its just a matter of time before you find yourself in big trouble.

 

[tijerin]

Sounds to me like you're getting greedy. You're not a lawyer, nor do you hire one to sue people who default on their obligations to your finance company, yet you want to charge "attorney's fees". What's the point of that except to inflate the judgement/award?

Why not just hire an attorney? Assuming you win most of the time by default, you can recover the attorney's fees through the lawsuit/default judgement.