Attorney's fee

The term covers two distinct concepts. The first is the contractual fee between lawyer and client, agreed freely but never below the minimum tariff published annually; success fees calculated as a percentage of the amount in dispute may also be agreed.

The second is the opposing-party fee awarded as a litigation cost: the court orders the losing party to pay a tariff-based fee in favour of the winning party's counsel. This fee belongs to the lawyer and is apportioned where the claim succeeds only in part.

Assessing the cost of losing a case therefore requires factoring in the opposing-party fee risk alongside court fees and expenses. Fee disputes, where no written retainer exists, are resolved by reference to the tariff and comparable engagements, which makes fixing the fee in writing at the outset a safeguard for both sides.