DISBURSEMENTS

It works in the same way as a mechanic charging you for parts used in your car repairs.

Disbursements in non-court matters include government taxes, registration fees, reports in property transactions, title search fees and mobile telephone charges for calls made for clients.

In court cases the expenses include court fees, doctors' reports, other expert reports, barrister's fees and cost of having witnesses transported to the court. Even costs associated with taking photographs of injuries and accident scenes are disbursements.

Even in a relatively small matter the expenses can easily amount to $250.00 and you should be prepared for them. A detailed medical report on your injuries can cost hundreds of dollars. Obtaining witness statements through a private investigator may cost thousands. Even the service of a summons to start proceedings can cost hundreds of dollars!

If you 'win' a court case you will recover most of these expenses. In the end it will generally depend on whether the expense is reasonable. Sometimes you may not recover the full costs. For example, if the barrister your lawyer has engaged for the court work is considered far too experienced and costly having regard to the nature of the case, you will not recover the full cost of those services.

Often you are asked to pay for disbursements in advance. The reason for this is that disbursements can be large amounts and your lawyer does not wish to act like a bank. If you pay for disbursements in advance, the money is placed in the lawyer's trust account and expended from that account for you. Some lawyers are prepared to 'carry' disbursements for you, but once again you should ask about this before you go too far with your legal matter.

The important thing about legal costs and disbursements is that you talk to your lawyer about them. Legal work is very labour intensive and expensive at times, but if you know what is happening and why something it happening, then hopefully you will avoid some very bitter disappointments which can arise from legal costs.