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.

  1.  

 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

  1. 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.  

  1.  

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

  1.  

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

 

  1.  

            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.

 

  1.  

      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.

  1.  

      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      

  1.  

      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.

  1.  

 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

  1.  

  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.

  1.  

  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

  1. 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%.

 

  1.  

  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

  1. 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%.

  1.  

 

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.

  1.  

 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

  1. 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.

  1.  

 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.

  1.  

 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.

 

 

  1.   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.

  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:

  1. o  if the value of the contract is specified, remuneration is the same

as that referred to in point 1.

  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

  1.  

 

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

  1.  

 

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

 

  1.  

 

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.

  1.  

 

      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.

  1.  

 

      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 

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