The right of an attorney to claim payment of costs from a third party
CITATION: Du Plessis, J. 2016. The right of an Attorney to claim payment of costs from a third party. Stellenbosch Law Review, 27(2):292-308.
The original publication is available at https://journals.co.za/content/journal/jlc_slr
Parties to a contract sometimes agree that one party will pay certain costs to the other party’s attorney. A typical clause to this effect, which featured in Barnett v Abe Swersky & Associates (“Barnett”), reads as follows: “The purchaser undertakes and agrees to effect payment to Abe Swersky & Associates of all their costs as between attorney and client relating to the drafting and drawing of these presents and the implementation of the terms and conditions thereof … .”