Which type of fee is generally considered a recoverable cost in litigation?

The correct answer is fees paid to expert witnesses. In litigation, the costs associated with expert witnesses are typically recoverable. Expert witnesses provide critical testimony and insights that can significantly influence the outcome of a case, and as such, the courts generally allow parties to recover these costs when they prevail in litigation.

Litigants often hire expert witnesses to provide specialized knowledge that supports their arguments, making these fees an essential component of the litigation process. Courts recognize the necessity of such expenses in presenting a well-founded case, which is why they are usually included in the recoverable costs upon a successful resolution of the case.

Contingency fees, while a common arrangement between attorneys and clients, are not considered a recoverable cost because they are usually contingent on the outcome of the case and are viewed as part of the attorney's compensation rather than costs of litigation. Hourly rates for attorneys are also not recoverable in the same way since they pertain to the attorney's service fees rather than costs mandated by the court. Agent commissions are not relevant in this context as they do not pertain to legal costs associated with litigation. All these factors culminate in why expert witness fees are recognized as recoverable in litigation scenarios.