Decree No. 177 / 1996 Coll.
Ordinance of the Ministry of Justice on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (bar fare)
Valid
Effective from 01.07.1996
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177
DECLARATION
Ministry of Justice
of 4 June 1996
on the remuneration of lawyers and the reimbursement of lawyers for the provision of legal services (legal tariffs)
The Ministry of Justice provides, pursuant to § 22 (2) of Act No. 85 / 1996 Coll., on the Advocacy:
GENERAL PROVISIONS
(1) The remuneration of a lawyer for the provision of legal services (hereinafter referred to as "lawyer's remuneration") is governed by his contract with a client (hereinafter referred to as "contractual remuneration"); If the lawyer's remuneration is not so determined, it shall be governed by the provisions of this noncontractual remuneration order.
(2) When determining the costs to be reimbursed to a client by a decision of a court or other body, the amount of the lawyer's remuneration shall be determined in accordance with the provisions on non-contractual remuneration, unless otherwise provided for in this Order; Paragraph 12 (2) shall not apply. The lawyer is obliged to notify the client if he is dealing with a contract fee.
(3) The amount of the remuneration of the lawyer appointed by the court shall be determined in accordance with the provisions on non-contractual remuneration; Paragraph 12 (2) shall not apply.
(1) In addition to entitlement to the lawyer's remuneration, the lawyer shall also be entitled to reimbursement of the final expenses and to compensation for time missed under the conditions and at the rate laid down in this Order.
(2) Other costs of the lawyer, in particular those of ordinary administrative work, are included in the remuneration of the lawyer.
ADVOCATE REWARD
Contractual remuneration
(1) The contractual remuneration is an arrangement between the lawyer and the client for the amount for which the legal service will be provided or the way in which it is determined.
(2) The contractual remuneration arrangement is either part of the contract under which the legal service is provided or is negotiated separately.
(1) Where contractual remuneration is agreed on the basis of the number of hours or other time units (hereinafter referred to as "time remuneration '), the agreed rate of remuneration shall be for each time unit initiated, unless otherwise agreed. Upon request of the client, the lawyer is obliged to present the client with the time specification of the legal services provided when charging the lawyer's remuneration.
(2) If the lawyer has made an estimate of its total amount in the contract of remuneration, he shall give prior notice in writing to the client of the substantial excess of the lawyer's initial estimate of remuneration; otherwise he may not claim the payment of the part of the lawyer's remuneration by which the initial estimate of his amount has been exceeded.
(3) The contractual remuneration must be proportionate and must not be manifestly disproportionate to the value and complexity of the matter.
Unless the lawyer provides legal services to the extent agreed, he shall be entitled to a proportion of the contractual remuneration, unless otherwise agreed.
Non-contractual remuneration
Amount of non-contractual remuneration
(1) The amount of non-contractual remuneration shall be fixed at the rate of non-contractual remuneration for one act of legal service and the number of acts of legal service performed by the lawyer in the case.
(2) The amount of 10% of the annual income from the assets managed shall be paid for the management of the assets, at least CZK 10,000 per year.
(3) If the lawyer makes a declaration of authenticity (1a), the fee is CZK 70 for each copy of the declaration of authenticity of the signature of one person on one instrument.
(4) The reward is CZK 70 for each page of the converted document.
Non-contractual remuneration rate
The rate of non-contractual remuneration for one act of legal service shall be based on the tariff value
| 1. | do 500 Kč | 300 Kč, |
| 2. | přes 500 Kč do 1 000 Kč | 500 Kč, |
| 3. | přes 1 000 Kč do 5 000 Kč | 1 000 Kč, |
| 4. | přes 5 000 Kč do 10 000 Kč | 1 500 Kč, |
| 5. | přes 10 000 Kč do 200 000 Kč | 1 500 Kč a 40 Kč za každých započatých 1 000 Kč, o které hodnota převyšuje 10 000 Kč, |
| 6. | přes 200 000 Kč do 10 000 000 Kč | 9 100 Kč a 40 Kč za každých započatých 10 000 Kč, o které hodnota převyšuje 200 000 Kč, |
| 7. | přes 10 000 000 Kč | 48 300 Kč a 40 Kč za každých započatých 100 000 Kč, o které hodnota převyšuje 10 000 000 Kč. |
Tariff value
(1) Save as otherwise provided, the value of the amount of the cash performance or the price of the case or the law at the time of the start of the legal service operation to which the legal service relates shall be considered as a tariff value; both the value of the claim and the debt shall be considered as the price of the right. When determining the tariff value, no account shall be taken of accessories unless they are required as a separate claim.
(2) Where the legal service returnees, the tariff value shall be determined by adding the values of those transactions; However, if they are transactions for more than five years or for an indefinite period, they shall be determined only five times the annual performance.
(3) Where two or more cases are brought together by law for joint discussion, the value of the highest case shall be considered to be the tariff value.
(4) In the execution of a decision or execution (hereinafter referred to as "enforcement of a decision ') for a recurring performance, only the value of the instalments already due at the time of the enforcement regulation shall be determined for the determination of the tariff value.
(5) In matters of cancellation and settlement of joint ownership, the price of the whole case shall be based on the price of the whole case, minus the price of the client's share, if the proposal for a commandment is directed towards the client or in the case of a proposal for sale of the case. If the proposal for a commandment to the other joint owners is directed, the price of the whole case shall be based on the deduction of the price of the share of the other joint owners. In the case of a proposal for a real division of a case, it is based on the price of the whole case.
(6) In matters relating to the settlement of the common equity of spouses, half of the value of all individual matters, debts and debts which have been settled by the parties.
(7) In matters of succession, the normal price of the deceased's assets corresponding to the amount of the customer's inheritance interest shall be regarded as a tariff value.
(1) If the value of a case or right cannot be expressed in cash or if it can be found only with disproportionate difficulties and if it is not otherwise stated, the amount of CZK 30,000 shall be considered a tariff value.
(2) In matters concerning the care of minors, adoption, support measures, incapacity, disappearance and death, the admission to intervene in integrity, the admissibility of taking over or holding in a health institution, the matters of guardianship and maintenance of young children is considered a tariff value of CZK 10,000.
(3) The amount of CZK 65 000 is regarded as a tariff value in matters:
(a) determining whether there is a legal relationship or a law, determining the nullity of a legal act, whether it is invaluable or whether it is invaluable to determine the invalidity of a legal act for which the matter or the performance of the money is invaluable;
(b) actions in order to express the will to create, alter or end a legal act whose subject matter is invaluable by money;
(c) the establishment or abolition of a substantive burden or the right of construction and other rights and obligations arising from a substantive burden or right of construction;
(d) personal rights, in matters of protection against the disclosure of information which constitute an abuse of freedom of expression, of words and of the press under the legislation on mass information, and in matters resulting from the exercise of rights and obligations under the legislation on the protection of personal data or under the legislation on the protection of industrial and other intellectual property, without proposal to compensate for non-property damage; or
(e) renting of non-residential premises, buildings and land, not for cash,
(f) arising from the application of rights and obligations under legislation on the protection against unfair competition, without proposal for adequate satisfaction.
(4) The amount of CZK 113 000 is regarded as a tariff value in matters
(a) determining whether there is a legal relationship or a law, determining the invalidity of a legal act, whether it is invaluable in determining the right to a matter by money or whether it is for the purpose of determining the invalidity of an act the object of which is invaluable in respect of money, whether it is for a commercial establishment, immovable property or an industrial or other intellectual property right;
(b) decision-making in proceedings concerning trust funds, companies, cooperatives and other legal persons, as well as in matters relating to insolvency or similar proceedings.
(5) The amount of CZK 88 000 is regarded as a tariff value in the cases of actions, appeals and other legal cases under the Administrative Rules, with the exception of cases under Section 10b (5), and in cases under Part Five of the Civil Code.
(6) The amount of CZK 128 000 is regarded as a tariff value in the case of constitutional complaints, except for the cases referred to in paragraph 2. However, if it is a custody case, the custody of a minor or an adoption court, the amount of CZK 30 000 is regarded as a tariff value in matters of constitutional complaints.
(7) In the performance of the function of appointed guardian in matters of support measures, incapacity, disappearance and death, admission to intervene in integrity, the admissibility of taking over or holding in a health institution and the abolition and liquidation of a legal person, the amount of CZK 5,000 shall be considered a tariff value.
(1) The amount of the cash performance or the price of the case or of the law, but not more than CZK 500,000, is considered to be a tariff value in the cases
(a) personal rights, protection against the disclosure of information which is an abuse of freedom of expression, of words and of the press under the legislation on mass information, and in matters arising from the application of rights and obligations under the legislation on the protection of personal data, with a proposal to compensate for non-property damage;
(b) resulting from the application of rights and obligations under the legislation on the protection of industrial and other intellectual property, with the exception of cases referred to in paragraph 3,
(c) in accordance with legislation on the protection against unfair competition with a proposal for adequate satisfaction, with the exception of cases referred to in paragraph 3;
(d) determining whether there is a legal relationship or a law, determining the invalidity of a legal act, if it is a commercial establishment, a immovable property, or a right of industrial or other intellectual property, if the value of the case or right is to be expressed in cash.
(2) In cases arising from the exercise of rights and obligations under the law on liability for damage caused in the exercise of public authority by a decision or by maladministration, with a proposal to grant reasonable satisfaction as a result of non-property damage, the tariff value shall be deemed to be:
(a) the compensation awarded above, but not more than CZK 500 000, if the compensation for non-property damage in cash was granted,
b) amount of CZK 30,000 in other cases.
(3) In cases arising from the application of rights and obligations under the legislation on the protection of industrial and other intellectual property with a proposal to compensate for non-property damage and under the legislation on the protection against unfair competition with a proposal for adequate satisfaction, where the case relates to relations between entrepreneurs arising from business activities, the tariff value of the amount of the cash performance or the price of the case or the law shall be considered to be a tariff value.
(1) In the defence of criminal proceedings in cases in which the Court of First Instance decides in a private sitting, the amount of CZK 1,000 shall be regarded as a tariff value.
(2) In the defence of criminal proceedings, if not for the case referred to in paragraph 1, the amount shall be deemed to be the tariff value of:
(a) 10 000 CZK, if it is an offence to which the law provides for a custodial sentence whose upper limit does not exceed one year;
(b) 40 000 CZK, if it is an offence for which the law provides for a custodial sentence whose upper limit exceeds one year and does not exceed five years;
(c) 75 000 CZK, if it is an offence for which the law provides for a custodial sentence whose upper limit exceeds five years and does not exceed ten years;
(d) CZK 113 000, if it is an offence for which the law provides for a custodial sentence exceeding 10 years or for which an exceptional penalty may be imposed.
(3) A statutory reduction in the rate in adolescents is not taken into account.
(4) In the performance of the duties of guardian, which has been appointed by the defendant under Paragraph 34 (2) of the Criminal Code or by the accused legal person under Article 34 (5) of the Law on the criminal liability of and proceedings against legal persons, the amounts referred to in paragraph 2 shall be regarded as tariff value.
(5) The amounts referred to in paragraph 2 shall be considered a tariff value when representing the injured party in criminal proceedings. In the case of an act of legal service which is necessary to claim compensation or non-property damage in cash or to issue unjustified enrichment, the amount of the amount of money awarded shall be considered to be the amount of the amount of the amount of money, if it is higher than the amount determined in accordance with paragraph 2; however, the rate determined from the amount of compensation for non-property damage in money shall not exceed CZK 500,000.
(6) In the performance of the post of guardian which has been appointed to the injured party pursuant to Article 45 (2) of the Criminal Code or Article 34 (5) of the Law on the criminal liability of and proceedings against legal persons, the amounts referred to in paragraph 5 shall be regarded as tariff value.
When representing a child under 15 years of age in proceedings under Title III of the Law on the Judicial Affairs of the Youth shall be considered as the tariff value of the amount referred to in Article 10 (2). It is based on the level of the criminal rates laid down by law for an offence whose characteristics would have been fulfilled by an otherwise criminal child under 15 years of age, if it had been criminally responsible.
(1) The amount of CZK 18,000 shall be regarded as a tariff value when represented in administrative proceedings, unless otherwise specified.
(2) In the case of representation in infringement proceedings, the amount shall be considered as the tariff value of the
a) 10 000 CZK, if it is an offence for which the law sets a fine whose upper limit does not exceed 1 000 000 CZK,
b) 40 000 CZK, if it is an offence for which the law sets a fine whose upper limit exceeds 1 000 000 CZK and does not exceed 10 000 000 CZK,
c) 75 000 CZK, if it is an offence for which the law sets a fine whose upper limit exceeds 10 000 000 CZK.
(3) For the purposes of paragraph 2, where an offence for which the law provides for a fine, the upper limit of which is determined by a percentage or proportion of the amount concerned, or by a multiple, shall be deemed to be the upper limit of the amount thus determined. In addition, if the upper limit is also fixed by a fixed amount, the value determined according to the previous sentence shall be used if it is higher than the upper limit fixed by the fixed amount.
(4) When representing tax administration, it shall be considered as a tariff value
(a) the amount of the cash performance or the price of the case or right, but not more than CZK 500,000; or
b) the amount of CZK 75,000, if it is not possible to express the value of a thing or right in money, or if it can be found only with disproportionate difficulty.
(5) In cases of actions, appeals and other cases pending under the Administrative Rules of Procedure, if the decision given by the tax administrator is taken, the value shall be deemed to be the tariff value of:
(a) the amount of the cash performance or the price of the case or right, but not more than CZK 500,000; or
(b) the amount of CZK 113,000, if the value of the item or the right to express it in money or if it can be found only with disproportionate difficulty.
Acts of legal service
(1) The non-contractual remuneration is for each of the following acts of legal service:
(a) taking over and preparing representation or defence under a legal service contract;
(b) the first consultation with the client, including the taking over and preparation of the representation or defence, where the client is appointed by a representative or lawyer by a court;
(c) further consultation with a client over one hour;
(d) written submission or application in the substance of the case, a call for implementation with a basic factual and legal analysis of the previous application in the substance of the case;
(e) participation in investigative acts in preparatory proceedings, each two hours started;
(f) the examination of the file at the end of the investigation, each started for two hours,
(g) participation in the operation of an administrative or other body, participation in the proceedings before a court or another body, each two hours started;
(h) drawing up a legal analysis of the case;
(i) negotiations with the counterparty every two hours started;
(j) an application for interim measures, if before the initiation of proceedings, an appeal against and observations on the decision on interim measures;
(k) appeal, appeal, application for revision of proceedings, action for confusion or, where appropriate, a complaint against and observations on the decision on the application for renewal;
(l) the complaint for infringement and the complaint for infringement,
(m) drawing up the instrument of legal conduct;
(n) a complaint against the order initiating the prosecution;
(o) a complaint against a decision on detention.
(2) An extra-contractual remuneration of one half is payable for each of the following acts of the legal service:
(a) an application for interim measures, if it is made after the initiation of the procedure, an application for proof or inheritance;
(b) a proposal to correct the reasons for the decision, to remove the consequences of the delay and to amend the decision condemning the future benefits due or in instalments;
(c) an appeal against a decision, in so far as it is not a matter of substance, and observations on such an appeal;
(d) proposals and complaints in matters in which decisions are taken in a public session and observations thereon, with the exception of appeals, reopening proceedings and complaints concerning infringement complaints;
(e) if the enforcement of the decision is to take place, for a first meeting with the client, including the taking over and preparation of the representation, for drawing up the application for the opening of proceedings, for observations on the application, for hearing and for drawing up an appeal against the decision, not including the application for the suspension or partial suspension of the enforcement of the decision pursuant to Article 268 (1) (g) or (h) of the Civil Code;
(f) participation in a hearing where only the publication of a decision takes place;
(g) participation in the preparation of negotiations 1d),
(h) a simple call for compliance.
(3) For acts of legal service other than those referred to in paragraphs 1 and 2, the remuneration shall be as those to which they are closest by their nature and purpose.
Increase or decrease in non-contractual remuneration
(1) In the case of acts of an extremely difficult legal service, in particular where they require the use of foreign law or foreign language, or in the case of acts of a time-consuming legal service, a lawyer may increase non-contractual remuneration up to three times.
(2) The lawyer may reduce the non-contractual remuneration by up to half.
(3) When two or more items are combined for which a connection to a joint discussion is not provided for by another law, the sum of the tariff values of the associated cases shall be considered as a tariff value.
(4) In the case of joint actions in the representation or defence of two or more persons, the lawyer shall be entitled, after the other and any other person so represented or defended, to a reduced non-contractual remuneration. The extra-contractual remuneration shall be reduced by 20% for the other person, 40% for the third person, 60% for the fourth person, and five and 80% for each additional person.
(5) In the defence of criminal proceedings for crimes committed in parallel, the lawyer shall be entitled only to the remuneration provided for in the highest-rate offence.
(1) The rate of non-contractual remuneration for legal advice provided under Paragraph 18a of the Law on Advocacy is CZK 200 for each and only half hour of legal advice.
(2) The rate of non-contractual remuneration for legal advice provided under Section 18b of the Law on Advocacy is CZK 400 for each and only the starting hour of legal consultation.
REFUNDS ON CURRENT EXPENDITURE AND REFUNDS ON PERIOD
Reimbursement of final expenditure
(1) The lawyer is responsible for the reimbursement of final expenses effectively incurred in connection with the provision of legal services, in particular for judicial and other charges, travel, postal, telecommunications, expert opinions and professional observations, translations, copies and photocopies.
(2) In providing legal advice under § 18a and 18b of the Law on Advocacy, the lawyer is entitled to reimbursement of travel expenses only in justified cases. Reimbursement of other expenses is not his responsibility.
(3) The lawyer may agree with the client a reasonable lump sum to compensate for all or some of the expenses incurred in connection with the provision of the legal service. The client may not then require a specification of such expenditure and the lawyer may not ask for reimbursement of those expenditure for which the agreed lump sum has been exceeded.
(4) If the lawyer and the client have not agreed on another lump sum as compensation for national postal, local and transport charges, this amount is CZK 450 per legal service.
(5) Unless otherwise agreed on the amount of reimbursement of travel expenses, the amount of such reimbursement shall be governed by the legislation on travel refunds. 1)
Compensation for missed time
(1) The lawyer is entitled to compensation for time missed in connection with the provision of legal services
(a) in the case of operations carried out in a place which is not the place of residence or the place of residence of the lawyer, for the time spent travelling to and from that place;
(b) for time elapsed as a result of a delay in the opening of proceedings before a court or other authority, if that delay is more than 30 minutes.
(2) The lawyer is entitled to compensation for the time elapsed in connection with the provision of a legal service equal to one half of the non-contractual remuneration for participation in a hearing which has been adjourned without consideration of the case and for arriving at a hearing which did not take place without prior notice of the lawyer; If the hearing was adjourned or was not held on the part of the lawyer's client and the lawyer was aware of those grounds at least two days before the date of the hearing, he shall be compensated for one quarter of the non-contractual remuneration.
(3) Unless otherwise agreed, the refund referred to in paragraph 1 shall be CZK 150 for each half hour.
(4) Compensation for the time elapsed by the lawyer is not applicable if, for the same period, the lawyer is entitled to compensation for legal service activities (§ 11).
MARKETING AUTHORISATION CERTIFICATE FOR VALUE ADDED TAX PLATE
(1) A lawyer who is a payer of value added tax shall submit a certificate of registration of the value added tax payer issued by the competent tax administrator (4) to the court or other body with which he applies for this reason an increase in remuneration and compensation under the special legislation3).
(2) Where a lawyer practises in a public commercial company established under a special legislation (5), he shall, for the purposes referred to in paragraph 1, submit to the court or other authority a certificate of registration of the value added tax payer issued by the competent tax administrator in respect of that company.
SPECIFIC PROVISIONS ON THE REFUND TO THE COSTS OF THE PROCEDURE
(1) In civil proceedings,
(a) which was initiated by an application lodged on a stable model applied repeatedly by the same applicant in factual and legal cases,
b) in which the subject matter of the proceedings is cash performance and the tariff value does not exceed CZK 50,000; and
(c) in which the applicant has been granted reimbursement of the costs;
for the purposes of determining the reimbursement of costs, the rate for each act of legal service until the application for the initiation of proceedings, including from a tariff value
| 1. | do 10 000 Kč | 300 Kč, |
| 2. | přes 10 000 Kč do 30 000 Kč | 400 Kč, |
| 3. | přes 30 000 Kč do 50 000 Kč | 700 Kč. |
(2) The procedure in which the executive authority, the authority of the local authority, the authority of the local authority, the authority of interest or professional self-government, or, where appropriate, the conciliation body established under another law relating to the dispute or other legal matter arising from private law shall apply mutatis mutandis.
(3) In matters of enforcement, if the cash performance is enforced and the tariff value does not exceed CZK 50,000, for the purposes of determining the costs of the proceedings, the rate of remuneration for each act of the legal service until the application for the opening of proceedings is lodged, including CZK 150.
(4) The rate of remuneration for further acts of legal service for the purpose of determining the reimbursement of costs in the proceedings referred to in paragraphs 1 to 3 shall be fixed in accordance with Article 7.
(5) The total amount of remuneration for the purposes of determining the reimbursement of costs in the procedures referred to in paragraphs 1 and 2 is limited to the amount of the tariff value.
(6) The flat-rate amount for reimbursement of national postal, local and transport charges for the purposes of determining the reimbursement of costs in the procedures referred to in paragraphs 1 to 3 shall be:
(a) 100 CZK for each of the legal service activities covered by paragraphs 1 to 3,
b) 450 CZK for each of the legal service activities covered by paragraph 4.
(7) Paragraphs 6 and 8 to 12 shall apply mutatis mutandis for the purposes of determining the reimbursement of costs in the proceedings referred to in paragraphs 1 to 3.
PROVISIONS TRANSITIONAL AND FINAL
Legal services provided before the date of entry into force of this Order shall be subject to remuneration by the lawyer or commercial lawyer in accordance with the existing rules.
The Decree of the Ministry of Justice of the Czech Republic No. 270 / 1990 Coll., on the remuneration of lawyers and commercial lawyers for the provision of legal aid, as amended by Decree No. 573 / 1990 Coll.
This Decree shall take effect on 1 July 1996.
Minister:
JUDr. Novák v. r.
1) Decree No. 484 / 2000 Coll., setting flat rates of remuneration for the representation of a participant by a lawyer or notary when deciding on the reimbursement of costs in civil proceedings and amending Decree No. 177 / 1996 Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services (legal tariff), as amended.
(1a) § 25a of Act No. 85 / 1996 Coll., on the Advocacy, as amended.
(1b) Paragraph 29 (3) of the Civil Code.
1d) In particular Article 114c of the Civil Code.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 177 / 1996 Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services (legal tariff) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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