The recent High Court decision in the case of Bell Lawyers
Pty Ltd v Pentelow1 will have significant
ramifications for solicitors (and barristers) being
self-represented in their own personal matters. But the question
must now become: what does this mean for legal practices and
in-house counsel?
Pay me my money!
The High Court of Australia in the Bell Lawyers Pty Ltd v
Pentelow case has ruled that self-represented lawyers are not
entitled to recover costs 'incurred' on their own behalf in
their own legal proceedings.
As a General Rule, a self-represented litigant cannot obtain
recompense for the value of their services in a litigation. The
exception to this General Rule is the Chorley2
exception which was derived from common law in the UK and allowed
solicitors to recover their professional costs for acting in a
litigation on their own behalf.