Entitled to receive Att'y Fees?

What is the name of your state? Colorado

I recently completed a trial in Colorado State court as a Pro Se defendent. The matter took some five years to get to trial and I spent around $250k to $300k to several Attorney's before I ran out of money. Hence my status as a pro se defendent. The mater was heard by a jury and the jury found in my favor on all causes of action. The Causes were: Interferance with a Contractual Relation; Breach of Contract; Fraudulent Non Disclosure and Fraudulent Misrepresentation.

As stated above the jury found in my favor on all causes of action.The Judge did make a brief remark concerning petitions for "costs" subsequent to the verdict. I was so anxious to call my family that I really did not focus on much, once the Jury Verdict was entered.

My question is: Am I entitled under Colorado Law to receive Attorney fees that I had previously paid? The plaintiffs certainly expected to receive them had they won.

Thank You!

BCG1 said:

What is the name of your state? Colorado

I recently completed a trial in Colorado State court as a Pro Se defendent. The matter took some five years to get to trial and I spent around $250k to $300k to several Attorney's before I ran out of money. Hence my status as a pro se defendent. The mater was heard by a jury and the jury found in my favor on all causes of action. The Causes were: Interferance with a Contractual Relation; Breach of Contract; Fraudulent Non Disclosure and Fraudulent Misrepresentation.

As stated above the jury found in my favor on all causes of action.The Judge did make a brief remark concerning petitions for "costs" subsequent to the verdict. I was so anxious to call my family that I really did not focus on much, once the Jury Verdict was entered.

My question is: Am I entitled under Colorado Law to receive Attorney fees that I had previously paid? The plaintiffs certainly expected to receive them had they won.

Thank You!

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**A: did your judgement include the fees?

Plaintiffs in the case had filed one cause of action alleging (sp?) that their Atty fees were a part of the damages that they sustained. The Court dismissed that cause of action as not being a valid cause of action on it's own at the Pre Trial Conference. The Court indicated that should plaintiffs prevail the court would then consider the matter of Attorney fees in additoin to any damages that had been proven.

The Jury verdict was in two seperate parts: 1) Plaintiffs had failed to meet their burden of proof by a preponderance of the evidence on all causes; and 2) Jury finds in favor of defendant and awards no damges to Plaintiff.

As I did not file a counter claim, the only Judgement that I received was the Jury Verdict itself. It is my understanding that generally the prevailing party in civil litigation especialy Contract disputes, is entitiled to Atty fees and costs.

I am looking for some direction to determine if this is true In Colorado and how to proceed in obtianing those fees if this does apply to this type of case in Colorado.

Thank You.

My response:

The only way "attorney's fees" can be awarded in contract disputes is if the same was written into the contract. Was it?

IAAL

The "contract" in question is a common membership agreement in a trade association, the by laws do include language regarding venue selection and provides that any member who seeks judicial review and is unsuccesful shall be liable for Atty fees and costs.

The Associaiton in question was a defendant in the matter but settled more than two years ago with plaintiff.

Thank You