n Without Prejudice - The recovery of fees and disbursements in successful pro bono litigation : pro bono

Volume 12, Issue 6
  • ISSN : 1681-178X



The issue of whether attorneys are permitted to recover costs in successful litigation has been debated, without resolution, for years. As a general rule, in ordinary matters fees and disbursements are awarded to a litigant and not the attorney. In a matter the litigant would have incurred disbursements only and it is the attorney who is out of pocket for the fees. It is, therefore, only the disbursements incurred by a client that are generally recoverable.

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