This is an EASY-TO-UNDERSTAND piece on legal fees - prepared by Francois Pauw, an attorney from Port Elizabeth, one of the most prominent attorneys in Port Elizabeth.
Before moving forward with your legal action, it is important for you to have a solid understanding of the three primary categories of legal fees, which are discussed in in this article.
Party and Party Costs: When it comes to legal proceedings, understanding party and party costs is crucial. These costs are awarded by the court to the successful party in a case, with the losing party being responsible for payment. Whether agreed upon or taxed by the Taxing Master of the relevant court, these costs are determined by Magistrates' or High Court tariffs as mandated by the law. For claims exceeding R400 000, proceedings typically take place in the High Court. Remember, even if you win, recovering party and party costs might not cover all expenses, leaving you liable for the difference.
Attorney and Client Costs Explained: In certain circumstances, a court may order a losing party to pay attorney and client costs. This form of costs order, known as punitive costs, goes beyond party and party costs and encompasses other legal expenses, including interactions between you and your attorney. Additionally, contractual agreements could dictate the payment of attorney and client costs, further highlighting their importance in legal matters.
Attorney and "Own" Client Costs Clarified: Unveil the intricacies of attorney and "own" client costs, which pertain to the actual fees and disbursements clients pay according to their fee agreements. While relatively rare, a court might require a defendant's lawyer to cover the costs de bonis propriis, directly from their own pocket, in extreme situations.
Navigating legal costs can be complex, but with the insights provided by our experienced Port Elizabeth attorney, you're better equipped to understand the nuances of party and party costs, attorney and client costs, and attorney and "own" client costs. By staying informed, you can make more confident decisions regarding your legal journey. If you have any further inquiries or require expert legal assistance, don't hesitate to reach out to our skilled team.