The right of an attorney to claim payment of costs from a third party

Du Plessis, Jacques (2016-08)

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.

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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 … .”

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