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The Daily Insight

Are attorney fees protected by attorney client privilege?

Author

Emma Jordan

Published Apr 08, 2026

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.

How do attorneys bill clients?

Common terms connected with legal billing are “hourly rate,” “retainer,” and “contingent fee arrangement.” The “hourly rate” is the amount an attorney charges on an hourly basis to perform work for the client. Hourly billing is the most common billing method used by attorneys.

Are attorney fees legal fees?

Attorney’s fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee.

What is covered by attorney-client privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

How are attorney fees calculated?

Many lawyers charge their fees on a time-cost basis. This means that they charge based on the amount of time they spend working on your matter. In most cases, this is set by an hourly rate. For example, a junior lawyer may charge $330 per hour, or a paralegal $190 an hour.

When do you have to pay attorney fees?

Attorney fees are generally paid by the client although there are times when the prevailing party will also win the costs of litigation and attorney fees will be paid by a defendant. This may be contractual or potentially awarded by the court.

How are attorney’s fees and party costs determined?

As such party and party costs do not form part of the equation when the attorney’s fees are determined nor when determining the amount owed to the client as the difference represents the amount of indebtedness to the practitioner that would otherwise have to be covered by the client by way of a deposit.

Do you have to pay Gert Nel attorney fees?

Gert Nel Incorporated does not require their clients to pay a deposit nor are they liable for any costs if the claim is not successful. *The amount owed to client is determined based upon the R 500 000.00 capital settlement and not by adding the cost contribution (party and party costs being R 575 000.00).

Can a tenant get attorney fees from a landlord?

This may be contractual or potentially awarded by the court. For example, tenants who prevail in an action for retaliation by the landlord in housing court may be awarded attorney fees against the landlord.