Lawyers tariff
Lawyers’ services are charged in accordance with the Tariff for lawyers' fees and cost compensation defined by Croatian Bar Assocation.
CROATIAN BAR ASSOCIATION
On the basis of Articles 18 and 19 of the Law on the Legal Profession (Official Gazette Nos 9/94, 37/05 and 59/07), in connection with Articles 3 and 4 of the Act Amending the Law on the Legal Profession (Official Gazette No. 117/08, the Management Board of the Croatian Bar Association, competent pursuant to Article 70, para. 1, point 2 of the Statute of the Croatian Bar Association, at its meeting of 12 November 2009, adopted the following
ATTORNEY FEE SCHEDULE AND COST COMPENSATION*
PART ONE
The fee schedule sets forth the method of evaluation, computation and the payment of services and expenses that the parties are obliged to pay to an attorney-at-law or a law firm for the actions and services rendered under a power of attorney or a decision of a competent body pursuant to the Law on the Legal Profession.
The costs of representation are the attorney’s services increased by value added tax and the expenses incurred while rendering these services. The client is obliged to pay the costs of representation.
Drafting submissions
TI 1
1.
Private actions and criminal reports, economic infraction and
offence reports 50 points
2.
Claims of aggrieved parties as plaintiffs seeking investigation or issuing
motions to conduct investigative actions, or issuing bills of indictment on
behalf of aggrieved parties assuming criminal prosecution – pursuant to
tariff item (TI) 4, point 1 – according to the seriousness of the criminal
offence.
3.
Submissions containing points of fact and reasoned motions to admit
evidence, motions to exclude illegal evidence from the file pursuant to
tariff item 4, point 1.
* The fee schedule was published in the Official Gazette No. 148/09 of 11 December 2009.
4.
Submissions containing reasoned claims for indemnification. 50 points
5.
Other submissions, 25 points
TI 2
1.
Motions for the postponement of the execution of the sentence,
suspension of serving the sentence, release on parole, expunction
of conviction. 50 points
2.
Motions for rehabilitation and requests for pardon. 50 points
Representation and defence in preliminary investigation proceedings
TI 3
1.
For participation in preliminary investigation proceedings conducted
before the bodies of police authorities, an attorney defending a party
or representing the aggrieved party as the plaintiff is entitled to a
single fee equal to the defence fee referred to in tariff item 4, point 1
according to the offence for which the proceedings are conducted, and
for the second and any subsequent commenced hour of the attorney’s
attendance in the proceedings. 50 points
2.
For the activities referred to in point 1 carried out outside the court, in
addition to an hourly rate, an attorney is entitled to remuneration pursuant
to tariff item 34, as well as to remuneration of all direct expenses and
to the remuneration referred to in tariff item 45.
Defence of the accused, representation of a private prosecutor, of the
aggrieved party and the aggrieved party as the plaintiff at the main
- hearing
TI 4
1.
Defence of the accused, a legal entity, representation of a private prosecutor
and of the aggrieved as the plaintiff in court hearings or before petty offence
judges, representation in hearings before sentence execution judges, for each
day of the hearing:
- for criminal offences punishable by fines or by a prison sentence of
up to 3 years 100 points
- for criminal offences punishable by a prison sentence of up to 5 years
200 points
- for criminal offences punishable by a prison sentence of up to 10 years
300 points
- for criminal offences punishable by a prison sentence of over 10 years
400 points
- for defence in the cases of economic offences 100 points
- for defence before petty offence judges
50 points
- for defence before a petty offence judge if, together with a fine or
a prison sentence, a defendant may be punished by the seizure of objects
used or intended to be used in the perpetration of an offence, or if the
defendant may be punished by forfeiting the proceeds of his or her
wrongful conduct or offence – an attorney is entitled to the remuneration
referred to in tariff item 7, point 1, depending on the value of the forfeited
proceeds.
- for defence in criminal proceedings against legal persons, in accordance
with the prescribed fine, an attorney is entitled to the remuneration
referred to in tariff item 7, point 1.
If the hearing lasts longer than an hour, for every subsequently commenced
hour, an attorney is entitled to remuneration of 50 points
2.
Defence of the accused and representation of the aggrieved as the plaintiff
or private prosecutor:
- at a session of the second instance chamber – the same as for
defence before a court of first instance
- at a hearing before a court of second instance – the same as for
defence before a court of first instance, increased by 25%.
3.
In proceedings against a person under legal age, a defence attorney
is entitled to the same remuneration as for the defence referred to in
point 1 of the same tariff item.
4.
If, upon indictment, a motion to indict, or a private action, and prior to the
presentation of evidence at the main hearing, the proceedings are stayed,
or the main hearing is adjourned, an attorney is entitled to 50% of the
remuneration referred to in this tariff item.
5.
For any consultation with the accused who is in custody, an attorney is
entitled to remuneration of 50 points
and for the second and every subsequently commenced hour to
remuneration of 50 points
6.
For presence at site investigations and reconstructions, as well as
for other judicial activities carried out outside the court, an attorney is
entitled to the same remuneration as for defence pursuant to this
tariff item and the remuneration referred to in tariff items 34 and 45.
7.
An attorney appointed as an ex officio counsel is entitled to 50% of the
remuneration referred to in this tariff item.
8.
An attorney representing the aggrieved party at a hearing in criminal
proceedings is entitled to remuneration of 50% of the fee referred
to in this tariff item.
Legal remedies
TI 5
1.
For an appeal of the accused against a judgement, an appeal of a
private prosecutor, or of the aggrieved party as the plaintiff, or for an
appeal against a decision rejecting a motion for exclusion from illegal
evidence, for an appeal against a decision on imprisonment, an appeal
against a decision on the imposition of educational and correctional
measures, or an appeal against safety measures or on referral to a
custodial or a health institution, an attorney is entitled to the same
remuneration as that referred to in tariff item 4, increased by 50%.
2.
For an answer to an appeal against a judgement, an attorney is entitled to
50% of the remuneration referred to in point 1 of this tariff item.
For an appeal against a decision to launch investigation, a decision on
detention or its extension, an attorney is entitled to the remuneration
referred to in tariff item 4, point 1.
4.
For appeals against a decision on expenses, an attorney is entitled
to remuneration of 50 points
5.
For pleas against indictment, an attorney is entitled to 75%
of the remuneration referred to in tariff item 4, point 1.
Extraordinary legal remedies
TI 6
Motions for the protection of legality (writ of mandamus) –
remuneration is the same as that for an appeal against
a judgement on the merits.
2.
Motions to reopen a trial, an extraordinary review of the final
judgment (res judicata), motions for extraordinary mitigation of
punishment, and for appeals against the decision to dismiss a motion
– remuneration is the same as that referred to in tariff item 4,
point 1.
3.
Answers to the above motions – 50% of the remuneration referred to
in tariff item 4, point 1.
II. Civil procedure
Drafting civil action documents and submissions
TI 7
An attorney is entitled to remuneration for drafting civil action claims,
counterclaims, motions, or pleas:
1.
If the amount in dispute is the following:
from HRK to HRK Points
2,500.00 5,000.00 50
5,000.00 10,000.00 75
10,000.00 100,000.00 100
100,000.00 250,000.00 250
250,000.00 500,000.00 500
If the amount in dispute exceeds HRK 500,000.00 and reaches
the amount of HRK 5,000,000.00, apart from remuneration of 500 points,
an attorney is entitled to charge 1 point for every additional HRK 1,000.00.
If the amount in dispute exceeds HRK 5,000,000.00 and reaches
HRK10,000,000.00, an attorney is entitled to charge remuneration of 1 point
for every additional HRK 2,000.00. If the amount in dispute is more than
HRK10,000,000.00, an attorney is entitled to charge remuneration of
1 point for every additional HRK 5,000.00, but not more than
10,000 points.
2. An attorney is entitled to a single remuneration for the entire first
instance proceedings regardless of the number of undertaken actions
amounting to 200 points
in disputes concerning:
- trespassing
- easement
- housing relations (notice to move, eviction, declaratory actions)
- divorce or annulment of marriage, existence or non-existence of
marriage
- establishing or contesting paternity, granting custody of children
under legal age
- labour relations (annulment of dismissals, establishment of the
right to work, etc.), except in assessable cases subject to tariff
item 7, point 1
- support maintenance or removal of the obligation to support.
For civil actions concerning:
- copyright, industrial property and related rights, remuneration is
as referred to in tariff item 7, point 1, but not less than 50 points
- establishment of annuity, where the amount in dispute corresponds
to the amount of a five-year annuity.
4.
For civil actions against the issuance of compensation orders on the
basis of invoices or statements from business books, an attorney is
entitled to 50% of the remuneration referred to in point 1 of this
tariff item, but not more than 100 points
5.
For civil actions concerning the issuance of bills of exchange, cheques
and payment orders on the basis of other types of securities, public or
private documents, excluding those referred to in point 4 of this
tariff item, an attorney is entitled to the full remuneration referred to
in point 1 of this tariff item.
6.
For civil actions and reasoned submissions before domestic arbitration,
an attorney is entitled to remuneration pursuant to tariff item 7, point 1.
For civil actions and reasoned submissions before international
arbitration and arbitration with a foreign element, an attorney is entitled
to remuneration pursuant to tariff item 7, point 1, increased by 100%.
7.
Representation in mediation under tariff item 7, point 1.
TI 8
1.
For drafting answers to civil actions, pleas against payment orders,
reasoned submissions responding to allegations stated in the plea,
or answers to filed actions, or responding to opinions and findings by
expert witnesses, but not more than a total amount of 4 submissions
in first instance proceedings – the same remuneration as for drafting
a civil action claim referred to in tariff item 7, points 1, 3, 6 and 7.
2.
For drafting motions for reinstatement (restitution in integrum), motions for
the issuance of interim measures – 50% of the remuneration referred to in
point 1 of this tariff item, but not more than 100 points
3.
For drafting other types of submissions - 25% of the remuneration
referred to in tariff item 7, points 1, 3, 6 and 7, but not more than 50 points
Representation at court hearings
TI 9
1.
For every hearing at which the main matter in dispute is discussed
or evidence is presented, an attorney is entitled to the remuneration
referred to in tariff item 7, points 1, 3, 6 and 7.
2.
For all other hearings where only procedural issues are discussed,
or if prior to the hearing on the main matter dispute proceedings
are terminated by the withdrawal of the civil action or by a plea, or by
a judgement by confession or by a judgment by default – 50% of the
remuneration referred to in tariff item 7, points 1, 3, 6 and 7.
3.
For a hearing at which the judgment is pronounced – 50% of the
remuneration referred to in tariff item 7, points 1, 3, 6 and 7, but not
more than 50 points
4.
For every arbitration hearing where the main matter in dispute is
discussed or evidence is presented – the remuneration referred to in
tariff item 7, point 6, and for all other hearings 50% of the remuneration
referred to in tariff item 7, point 6.
5.
For appearance at a hearing adjourned prior to the actual commencement
of the hearing, an attorney is entitled to 25 % of the remuneration referred
to in tariff item 7, points 1, 3, 6 and 7, but not more than 50 points
6.
For a hearing at a second instance court, an attorney is entitled to the
remuneration referred to in tariff item 7, points 1, 3, 6 and 7.
For attending investigation (locus in quo), an attorney is entitled to
the same remuneration as for representation at a court hearing and
the remuneration referred to tariff items 35 and 45.
Legal remedies
TI 10
1.
For drafting regular legal remedies against a judgement, an attorney is
entitled to the remuneration referred to in tariff item 7, points 1, 3 and 6
increased by 25%.
2.
For drafting regular legal remedies and answers to such legal
remedies, in lawsuits referred to in tariff item 7, point 2, an
attorney is entitled to single remuneration amounting to 60 points
For drafting answers to appeals and reviews, an attorney is entitled
to the remuneration referred to in tariff item 7, points 1, 3 and 6.
4.
For drafting an appeal against a decision, an attorney is entitled to
50% of the remuneration referred to in tariff item 7, points 1, 3 and 6.
5.
For drafting extraordinary legal remedies, an attorney is entitled to the
remuneration referred to in tariff item 7, points 1, 3 and 6,
increased by 50%.
6.
For drafting answers to extraordinary legal remedies, an attorney is
entitled to the remuneration referred to in tariff item 7, points 1, 3 and 6.
TI 11
1.
Application for the issuance of a writ of enforcement, application for
counter enforcement decisions, motions for collateral insurance,
motions for the issuance of interim and preliminary measures, pleas
against such motions and answers to pleas – the remuneration referred
to in tariff item 7, points 1, 3 and 6.
2.
Enforcement procedure in the proceedings referred to in
tariff item 7, point 2 - a single remuneration for the entire
proceedings amounting to 80 points
3.
Drafting motions for a statement regarding assets and
a list of assets – 50% of the remuneration referred to in tariff item
7, points 1, 3 and 6, but not more than 500 points.
4.
Drafting a motion to postpone enforcement – 50% of the remuneration
referred to in tariff item 7, points 1, 3 and 6, but not more than 500 points.
5.
Drafting a motion to send a final and enforceable decision on
enforcement to a bank (out-of-court enforcement) or to the court
(court enforcement) or to other participants in enforcement proceedings,
and drafting an enforcement debtor’s complaint – 50% of the remuneration
referred to in tariff item 7, points 1, 3 and 6, but not more than 500 points.
6.
Drafting an application for collection on the basis of a promissory note –
50% of the remuneration referred to in tariff item 7, points 1, 3 and 6,
but not more than 500 points.
7.
Drafting auction conditions – the remuneration referred to in tariff item 7,
point 1.
8.
Drafting other submissions in enforcement or collateral insurance proceedings –
25% of the remuneration referred to in tariff item 7, points 1, 3 and 6, but not
more than 250 points.
TI 12
1.
For representation at a hearing – the remuneration referred to in tariff
item 7, points 1, 3 and 6, in connection with tariff item 9.
2.
For taking part in enforcement or collateral insurance proceedings,
an attorney is entitled to the remuneration referred to in tariff item 7,
points 1, 3 and 6, in connection with tariff item 9.
TI 13
1.
For drafting legal remedies – the remuneration referred to in
tariff item 7, points 1, 3 and 6, in connection with tariff item 10.
2.
For drafting legal remedies in enforcement proceedings referred
to in tariff item 7, point 2 – remuneration amounting to 60 points
TI 14
1.
Motions for the initiation of bankruptcy proceedings, in accordance
with the value of the claim – the remuneration referred to in tariff
item 7, point 1.
2.
Drafting a notice of claim, drafting submissions containing points
of fact and reasoned motions – the remuneration referred to in point 1
of this tariff item.
3.
Drafting legal remedies – the remuneration referred to in tariff item 7,
point 1, increased by 25%.
TI 15
For representation at a hearing where the claim is examined, and
at a hearing for division, an attorney is entitled to the remuneration
referred to in tariff item 7, point 1, in connection with point 9.
TI 16
1.
For drafting submissions to initiate the following proceedings:
- for the division of common property or matrimonial property,
the dissolution of joint ownership of real estate, the determination
of compensation for expropriated property,
the determination of rent or lease, the establishment
of inheritance and in all other assessable legal matters – 50 %
of the remuneration referred to in tariff item 7, point 1, but not less
- than 50 points
- regulation of boundary lines 50 points
- other non-assessable legal matters 50 points
- amortisation (expiry) of documents – 50% of the remuneration
referred to in tariff item 7, point 1, but not more than 50 points
2.
For protesting bills of exchange, 25% of the remuneration referred to in
tariff item 7, point 1.
TI 17
1.
For representation at a hearing in assessable legal matters – 75% of the
remuneration referred to in tariff item 7, point 1, in connection with
tariff item 9, but not less than 25 points
and in other cases, the remuneration referred to in tariff item 16.
TI 18
1.
For drafting ordinary and extraordinary legal remedies, an attorney is
entitled to the remuneration referred to in tariff item 16, increased by 25%.
TI 19
1.
For drafting land register applications to obtain decisions on the
registration, cancellation, subscription or registration of a right,
as well as for every hearing, an attorney is entitled to 25% of the
remuneration referred to in tariff item 7, point 1.
2.
For the application referred to in point 1, if the value is non-assessable,
an attorney is entitled to remuneration of 50 points
3.
For drafting other types of submissions, an attorney is entitled to 25%
of the remuneration referred to in tariff item 7, point 1 but not less
- than 25 points
4.
For drafting legal remedies – an attorney is entitled to the remuneration
referred to in points 1 and 2, increased by 25%.
VII. Administrative proceedings
TI 20
1.
Submissions for the initiation of administrative proceedings, submissions
containing points of fact and reasoned motions:
- in non-assessable matters 50 points
2.
In all assessable tax return matters on the basis of the data contained in
the books that a taxpayer is obliged to keep, reasoned submissions
regarding tax, customs and foreign currency issues, expropriation
proceedings, in procedures acquiring location and building permits,
in proceedings concerning housing relations, in proceedings
concerning the restitution of property confiscated during the Yugoslav
communist regime and in all other administrative procedures,
remuneration is as referred to in tariff item 7, point 1. The basis for
computation is the total income or the value of the assets or the amount
of annual rent or lease.
3.
Other submissions – 50% of the remuneration referred to in points 1
and 2 of this tariff item.
TI 21
1.
For representation at hearings in administrative proceedings –
the remuneration referred to in tariff item 20, points 1 and 2
and the remuneration referred to in tariff item 35.
2.
For defence in proceedings concerning tax, customs or foreign
currency violations – the remuneration referred to in tariff item 20,
points 1 and 2, and the remuneration referred to in tariff item 35.
TI 22
For drafting appeals, writs of mandamus and applications for retrial –
the remuneration referred to in tariff item 20, points 1 and 2,
increased by 25%.
TI 23
1.
For civil actions, answers to civil actions and submissions
containing points of fact and points of law:
- in assessable legal matters – the remuneration referred to in
tariff item 7, point 1
- in non-assessable legal matters 200 points
2.
Representation at hearings – the remuneration referred to
in point 1 of this tariff item.
TI 24
1.
Submissions for an entry in the Commercial Court Register on
the basis of a deed of incorporation. 50 points
2.
Submissions to introduce changes in the Commercial Court
- Register. 50 points
3.
For drafting various kinds of acts (deeds of incorporation, articles
of association, by-laws and other documents) required for entries in the
court register, or for changes to be made to them, remuneration
pursuant to tariff item 29, points 1 and 2.
4.
Other submissions in the procedure of Commercial Court registration. 50 points
5.
For legal remedies (ordinary and extraordinary) – the same remuneration
as for the submissions referred to in points 1 and 2, increased by 50%.
TI 25
1.
For an action to annul entries in the court register, for answers to such
actions and for reasoned submissions on points of fact or points of law,
an attorney is entitled to remuneration of 100 points
2.
For hearings at which the main legal matter is discussed or evidence
presented, an attorney is entitled to the remuneration referred to in
point 1, and for all other hearings where only procedural issues are
discussed, or for hearings where prior to discussing the main legal matter,
proceedings are brought to an end by withdrawing a civil action,
by a settlement or by a judgement by confession – 50% of the
remuneration referred to in point 1.
3.
For drafting legal remedies (ordinary or extraordinary) against judgements
the remuneration referred to in point 1, increased by 25%, and against a
decision – 50% of the remuneration referred to in point 1 of this tariff item.
4.
For representing a shareholder or a company member at a company’s
general meeting, an attorney is entitled to the remuneration agreed upon
with the client, but not less than 50 points for every commenced hour of
the duration of the general meeting.
TI 26
In proceedings prior to an employer’s decision, an attorney is
entitled to the following remuneration:
1.
For reasoned submissions 50 points
2.
For drafting motions for the protection of rights – the remuneration
referred to in point 1 of this tariff item.
3.
For draft decisions, when an attorney represents an employer, the
same remuneration as in points 1 and 2 of this tariff item.
TI 27
1.
Submissions initiating proceedings before the Constitutional Court,
reasoned submissions containing points of fact and points of law 500 points
2.
Other submissions filed in the course of the proceedings –
50% of the remuneration referred to in point 1 of this tariff item.
3.
Representation and participation at court hearings – the remuneration
referred to in point 1 of this tariff item.
4.
For hearings where only procedural issues are discussed, or where the
proceedings are suspended prior to the discussion of the main legal
matter, an attorney is entitled to 50% of the remuneration referred to
in point 1 of this tariff item.
- TI 28
For submissions and for representation in cases and in proceedings
conducted in accordance with the existing laws and regulations
preceding court or administrative proceedings, such as claims for
compensation for damages against the state or a municipality, or some
other unit of administration, claims against insurance companies,
organisations, the social security administration or other legal entities,
claims for compensation for damages suffered by unjustly convicted
persons or unlawfully detained persons, in proceedings preceding
expropriation, or the like – remuneration is determined pursuant to
tariff item 7, point 1.
Drafting documents
TI 29
1.
For drafting contracts – the remuneration referred to in tariff item 7,
points 1 and 2, increased by 25%.
2.
For drafting documents regarding various non-assessable legal matters:
- partnership articles, joint construction contracts, agreements on the use
and maintenance of buildings, contracts on the transformation of
aliquot co-ownership into condominiums, contracts on the division of
property following divorce, life-maintenance contracts, contracts on
surrendering or dividing property during life time, and similar contracts:
- o if the value of the contract is specified, remuneration is the same
as that referred to in point 1.
- o if the value is not specified in the contract, remuneration
amounts to 200 points
3.
For simple and ex-parte declarations of will, remuneration
amounts to 50 points
4.
For drafting wills 50 points
- for complex declarations of last will, remuneration may be
increased by up to 100%.
Legal advice and opinions
TI 30
1.
Oral legal opinion and legal counselling – for every commenced hour 50 points
2.
Written legal advice and written legal opinions containing points of
fact and points of law – the remuneration referred to in tariff item 7,
points 1 and 3.
Written legal advice or written legal opinions containing points of fact
and points of law in non-assessable legal matters – remuneration is
not less than 200 points
An attorney is entitled to remuneration for written legal advice and
opinions only if the client has asked for them.
If the client has requested a written piece of advice or opinion in
a foreign language, an attorney is entitled to additional remuneration
for the translation in accordance with the schedule of fees of permanent
court interpreters.
For legal instructions, opinions and counselling for the purpose of initiating
proceedings and in the course of the proceedings, an attorney is entitled to
additional remuneration pursuant to points 1 and 2 of this tariff item.
Participation at conferences
TI 31
For participation at conferences and meetings where points of fact and points
of law are discussed with the client, the adverse party and other participants
involved in the client’s legal matter, an attorney is entitled to additional
remuneration of 50 points
for every commenced hour.
Study of case files, ascertainment of finality and enforceability,
procurement of documents for the client
TI 32
For studying and reviewing case files in any proceedings, checking
the data contained in the land register, records and other public books,
for every commenced hour of work, an attorney is entitled to 25 points
For the ascertainment of finality and enforceability of judgements,
decisions or payment orders, an attorney is entitled to 25 points
For the procurement of land register certificates, company register or
other certificates of an organisation, or for the procurement of
other types of documents, an attorney is entitled to 25 points
Letters and reminders
TI 33
For a letter written to the client, to the attorney’s substitute, to the
adverse party or to other participants in the client’s case, such as:
1.
Notices or reminders containing points of fact or instructions,
an attorney is entitled to 25 points
per page.
2.
Standardised reminders to the adverse party to pay a specific amount
of money, or to fulfil a certain obligation or perform an act, an attorney
is entitled to 10 points
Hourly rate fee
TI 34
Unless otherwise determined in particular tariff items according to
which particular services are paid by the hour, remuneration per hour
amounts to 25 points
TI 35
For the time waiting for a hearing to begin, or for the court’s deliberation
period to finish, or for being absent from the law office while travelling
for the purpose of a client’s case or the like, an attorney is entitled to
remuneration of 25 points
for every commenced hour, but for not more than 7 hours per day.
Representing more clients
TI 36
1.
When an attorney defends or represents more clients in the same case,
he or she is entitled to a 10% increase of the fee for the second and
every additional client, but the increase may not exceed a maximum
of 50%. The amount of increased remuneration is divided equally
according to the number of defendants or represented clients.
2.
If there is an obvious disproportion in the defence or representation tasks
performed for a particular client in relation to other clients defended or
represented by the same attorney, he or she may agree with the clients on a
different method of computing the fee.
Increase or decrease of tariff items
TI 37
1.
For special professional and expert knowledge needed for the preparation of
a case, for a particularly difficult case, or a case involving special
responsibility, tariff items may be increased by 100%.
Special professional and expert knowledge is particularly acknowledged in
complex cases or proceedings, and in the case of special types of contracts
where special knowledge, or the need to study foreign law or legal literature
is required, or where it is necessary to study and analyse professional issues
in the field of technology, chemistry, natural or physical sciences, medicine,
social sciences, the use of a foreign language, or similar tasks.
2.
Taking into consideration all the circumstances of the performed tasks and
benefits on behalf of the client, an attorney may reduce individual tariff
items by 50%.
Special arrangements regarding remuneration
TI 38
An attorney may make special arrangements for the provision of legal
services with a legal person or a self-employed person to be paid in a
lump sum, except for the tasks of representation before courts and
state bodies.
A contract on legal services paid in the form of a lump sum must be made
in writing and it must contain a description of the work and activities
an attorney is going to perform for the client.
An attorney must register such a contract with the Croatian Bar Association.
TI 39
An attorney and a client may agree on the amount of remuneration for
legal services. Such an agreement must be made in writing.
It is not binding on the court when awarding costs to the
successful party.
1.
In criminal cases, attorneys may agree with their clients in writing on
remuneration based on an hourly rate which may be higher but not lower
than the remuneration referred to in tariff item 34.
2.
In property law cases, attorneys may agree with their clients in writing on
remuneration based on an hourly rate which may be higher but not lower
than the remuneration referred to in tariff item 34.
3.
In property law cases, attorneys may agree with their clients in writing
on remuneration in the form of a contingency fee (on the basis of
their success in the case, or in the legal actions undertaken on behalf of
the client). The upper limit of the agreed percentage must not exceed
30% of the total recovery.
TI 40
For rendering legal services to a Croatian citizen or a Croatian legal person
abroad, an attorney is entitled to seek the compensation of costs and
remuneration according to the schedule of fees valid in the country where
the client is represented, even if the representation is conducted in
written form.
TI 41
In non-assessable legal matters not provided for in the tariff items
of this fee schedule (e.g. declaratory judgements), or where the value
in dispute cannot be determined in any other way, for every legal action
undertaken for the client, an attorney is entitled to the following remuneration:
1.
In proceedings before municipal courts and state bodies of the
same level 50 points
2.
In proceedings before county and commercial courts and state bodies
of the same level
100 points
3.
In proceedings before the Supreme Court of the Republic of Croatia
and state bodies of the same level
500 points
TI 42
An attorney is entitled to charge value added tax for all the services
rendered to the client.
TI 43
The determination of expenses to be recovered from the adverse party
does not affect the computation of expenses between an attorney and his
or her client for the work performed and the expenses incurred in
connection with the services.
At the request of the client, an attorney is obliged to make a written
specification of remuneration for his or her work, and for the incurred
expenses, and he or she must present the fee schedule to the client.
An attorney, appointed by the Croatian Bar Association to represent or to
defend an indigent person, is not entitled to seek any remuneration from
him or her.
PART TWO
TI 44
An attorney is entitled to reimbursement for the expenses necessary to
perform the tasks entrusted to him or her.
Pursuant to the provisions of the fee schedule, the expenses to be
reimbursed include the costs of postal, telephone and banking services,
as well as other costs incurred.
TI 45
For the performance of activities outside the seat of his or her law office,
an attorney is entitled to compensation of travelling expenses and all
other expenses incurred during his or her absence from the law office.
TI 46
An attorney is entitled to compensation of travelling expenses amounting to
the fare of a first-class express train or the cost of travel by ship, a business class plane ticket or a sleeping car train ticket, or a cabin-aboard-a-ship ticket if it is a night trip.
An attorney is entitled to the compensation referred to in the previous paragraph
in an amount for the travelling expenses for the shortest possible route.
For the use of his or her private car, an attorney is entitled to compensation
amounting to 30% of the price per litre of lead-free 98 octane petrol for every covered
kilometre.
TI 47
An attorney is entitled to charge a daily allowance (per diem) equal to that of a
county court judge in the area where his or her law office is located.
If an attorney needs to travel outside the seat of his or her law office for more than
a day, or needs to stay in a hotel, he or she is entitled to a daily allowance and
hotel accommodation apart from that of five-star hotels.
PART THREE
TI 48
All services performed prior to the entry into force of this fee schedule are subject
to the tariff schedule published in the Official Gazette No. 69/93 with amendments published in the Official Gazette Nos 87/93, 16/94 and 11/96 and the tariff schedule published in the Official Gazette 91/2004, with amendments published in the Official Gazette Nos 37/05 and 59/07.
TI 49
The attorney fee schedule shall be adopted by the Management Board of the
Croatian Bar Association.
The value of a single point shall be established by the Executive Board of the Croatian Bar Association.
The newly established value of a point shall become effective on the day of its
publication in the Official Gazette.
TI 50
The value of a point is HRK 10.00.
XVIII. Explanation of the application of the fee schedule
The Management Board of the Croatian Bar Association or a body designated by the Management Board shall provide the necessary explanation and interpretation of the
fee schedule.
The explanation and opinion regarding the application of the fee schedule shall
be given at the request of a client, an attorney, a court or any other authorised body in the country or abroad.
The fee schedule shall enter into force on the day of its publication in the Official Gazette.
No.: 7460/2009
In Zagreb, 12 November 2009
PRESIDENT
OF THE CROATIAN BAR ASSOCIATION
Leo Andreis