Decree of the Ministry of Justice of the Czech Republic No. 270 / 1990 Coll.
Decree of the Ministry of Justice of the Czech Republic on the remuneration of lawyers and commercial lawyers for providing legal assistance
Valid
Effective from 01.07.1990
270
DECLARATION
Ministry of Justice of the Czech Republic
of 19 June 1990
on the remuneration of lawyers and commercial lawyers for the provision of legal aid
The Ministry of Justice of the Czech Republic provides pursuant to § 51 of the Act of the Czech National Council No. 128 / 1990 Coll., on the Advocacy, and under § 46 of the Act of the Czech National Council No. 209 / 1990 Coll., on commercial lawyers and legal assistance provided by them:
General provisions
The lawyer provides legal aid for remuneration, the amount of which and the method of its determination are governed by the provisions of this Order.
(1) The various acts of legal aid, or the complete execution of a case, or the provision of legal aid shall be remunerated for a certain period of time.
(2) The remuneration includes payment for administrative and other work carried out in connection with the provision of legal assistance.
(1) When concluding a legal aid contract, the lawyer may agree with the person who requested legal aid (hereinafter referred to as "the client ') to:
(a) the type of contract remuneration;
(b) any reduction or increase in the basic rate of hourly remuneration or in the amount of the flat-rate or share remuneration.
(2) If the agreement referred to in paragraph 1 is not reached, the lawyer shall be deemed to have agreed with the client on the remuneration determined in accordance with the provisions of this noncontractual remuneration decree.
The lawyer can provide legal aid free of charge only if there is a simple information meeting or with the agreement of the Board of Directors of the Czech Bar Association.
Remuneration of the lawyer
Contractual remuneration
(1) The amount of the contract remuneration shall be determined:
(a) by the number of hours effectively spent to settle the case and hourly rates (hourly remuneration);
(b) a flat-rate amount (flat-rate remuneration);
(c) share in the value of the case (share remuneration).
(2) The methods of determining the remuneration referred to in paragraph 1 (a) and (b) may be combined.
(3) The contractual remuneration may not be less than the non-contractual remuneration in the same case.
(4) The lawyer can inform the public of the amount of his contract fees, but not through mass information.
An hourly fee
(1) The basic rate of hourly remuneration is 200 CZK for each starting hour.
(2) The lawyer may agree with the client to reduce the standard rate of hourly remuneration by up to half. An increase of up to three times may be agreed with the client if it is extremely difficult or if the use of a foreign right or language is necessary to deal with it.
(3) In providing simple legal advice, a standard rate of hourly remuneration divided into quarter hours may be agreed.
(1) If a lawyer and a client agree on an hourly fee, he shall:
(a) inform him of the intended scope of the work;
(b) notify it in advance in writing of a significant overrun of the initially envisaged extent; otherwise he has no right to pay the difference in remuneration.
(2) The lawyer is obliged to present the time specification of the work to the client when billing.
Flat-rate remuneration
(1) Flat-rate remuneration may be negotiated for:
(a) complete processing of the item or set of items;
(b) the provision of legal assistance within a certain period of time or for an indefinite period.
(2) The amount of the flat-rate remuneration shall be determined taking into account the expected substantive and temporal workload and the basic hourly rate.
If the lawyer does not provide legal assistance until a full case or set of cases has been completed, or if he does not provide legal assistance for the entire period agreed, he shall be entitled to a proportion of the agreed flat-rate remuneration; In such a case, he is obliged to present the work specification to the client.
Share remuneration
(1) The share remuneration may be negotiated in the form of a share of the value of the case which is the subject of proceedings before a court or other institution, provided that the outcome of such proceedings is very uncertain as to the circumstances of the case.
(2) The share remuneration must not exceed 20% of the value of the case.
(1) The lawyer is entitled to the agreed share remuneration only if the client with whom he has agreed to provide legal assistance for that remuneration has been fully successful in the matter.
(2) If the proceedings end only in part with the success of the client, the lawyer shall be entitled to a non-contractual remuneration at an amount set according to the degree of success in the case.
(3) If the client did not even have a partial success in the matter, the lawyer may only require him to pay the final expenses.
Non-contractual remuneration
The amount of non-contractual remuneration shall be determined by the value or type of the case and by the number of legal aid operations performed by the lawyer in the case.
(1) The rate of non-contractual remuneration for a single act of legal aid, determined according to the value of the case, shall be:
| do 1000 Kčs | 200 Kčs |
| přes 1000 Kčs do 5000 Kčs | 300 Kčs |
| přes 5000 Kčs do 10 000 Kčs | 400 Kčs |
| přes 10 000 Kčs do 200 000 Kčs | 400 Kčs a 10 Kčs za každých započatých 1000 Kčs, o které hodnota věci převyšuje 10 000 Kčs |
| přes 200 000 Kčs | 2300 Kčs a 10 Kčs za každých započatých 10 000 Kčs, o které hodnota věci převyšuje 200 000 Kčs. |
(2) The value of refills shall be determined by the sum of the values of those refills; However, where the performance is more than three years or for an indefinite period, only three times the annual performance shall be determined.
(3) Only repayments already due at the time of the enforcement regulation shall be liable for determining the remuneration in the execution of the decision.
(4) In the case of the cancellation and settlement of joint ownership and the settlement of joint ownership, the value of the requested share shall be based on the value.
(5) Non-contractual remuneration of 10% of the gross annual income of the assets managed shall be paid for the management of the assets, at least 400 CZK per year.
(6) If the value of the case cannot be expressed in cash or if it can be found only with disproportionate difficulty, the rate of non-contractual remuneration for a single legal aid operation shall be 200 CZK, unless otherwise specified.
The rate of non-contractual remuneration for one act of legal assistance in matters of care for minors, adoption, foster care, legal capacity, custody, death declaration, review of decisions of other institutions and in cases pending before a state notary, with the exception of consideration of inheritance and enforcement of decisions by sale of real estate, shall be 100 Kns.
(1) The rate of non-contractual remuneration for one act of legal assistance in defence in criminal proceedings, representation in the clarification of offences and in infringement proceedings shall be as follows:
(a) 200 Cds, if it is an offence or an offence to which the law provides for a custodial sentence, whose upper limit does not exceed one year;
(b) 400 CJs, if it is a criminal offence to which the law provides for a custodial sentence whose upper limit does not exceed five years;
(c) 600 CJs, if it is an offence to which the law provides for a custodial sentence, the upper limit of which does not exceed 10 years;
(d) 800 CJs, if it is an offence for which the law provides for a prison sentence exceeding 10 years, or for which an exceptional penalty may be imposed.
(2) A legal reduction in the criminal rate in adolescents is not taken into account.
(3) For the defence to be taken over and for any other act of legal aid in cases in which the Court of First Instance decides in a private sitting, a remuneration of 100 Kčs shall be payable; the rates referred to in paragraph 1 shall be disregarded.
Legal aid operations
(1) The remuneration is due for each of the following legal aid operations:
(a) a first meeting with the client, including taking over and preparing the representation or defence;
(b) further consultation with a client over one hour;
(c) a written submission to the court or other authority concerning the substance of the case;
(d) participation in an investigation, familiarisation of the results of the investigation and, where appropriate, of the search, clarification of the offences and at the hearing before a court or other authority, each starting two hours;
(e) drawing up a legal analysis of the matter,
(f) negotiations with the counterparty, each starting two hours;
(g) the application for interim measures, if it is made before the initiation of the procedure, the appeal against the decision on interim measures, the application for renewal, the appeal or, where appropriate, the complaint against the decision on the application for renewal, the complaint for infringement,
(h) drawing up the instrument of legal action.
(2) A remuneration of one half is payable for each of the following legal aid operations:
(a) an application for interim measures, if it is made after the initiation of proceedings, an application for proof or inheritance;
(b) a proposal to correct the reasons for the decision, to eliminate the consequences of the missing and to amend the decision in instalments;
(c) appeal against a decision, in so far as it is not a matter of substance, and observations on appeal;
(d) proposals and complaints in matters in which decisions are taken in a public session, with the exception of the application for renewal;
(e) participation in a public session, if not for appeal or renewal of proceedings;
(f) where the enforcement of the decision, taking over and preparing the representation, the application to initiate the procedure, the observations on the application, the representation at the hearing, the appeal against the decision and the observations on the appeal.
(3) The remuneration shall be for acts of legal assistance other than those referred to in paragraphs 1 and 2 as those to which they are closest by their nature and purpose.
(1) The lawyer may reduce the non-contractual remuneration to half. It may increase it up to three times if it is extremely difficult or if it is necessary to use a foreign right or language to deal with it.
(2) The extra-contractual remuneration shall be reduced by 20% if it is a joint act in representing or defending two or more persons.
(3) When two or more items are combined, the non-contractual remuneration belonging to the case of the highest value shall be increased by half the non-contractual remuneration which would otherwise be due to the other connected matters.
(4) Paragraph 3 shall not apply where the concentration of cases for joint discussion is provided for by law. In that case, the amount of non-contractual remuneration shall be determined by reference to the case of the highest value.
Total expenditure and compensation for missed time
The lawyer shall also be entitled to:
(a) reimbursement of expenditure incurred effectively in connection with the provision of legal assistance, in particular for judicial and other fees, travel expenses, postal, postal, expert opinions, translations and copies;
(b) compensation for missed time
(1) The lawyer may agree with the client on the type and amount of certain expenditure which is expected to be incurred in connection with the provision of legal assistance.
(2) If the lawyer and the client agree on a contractual remuneration, he may also agree on a flat-rate amount as payment of all or some of the expenses incurred in connection with the provision of legal aid. The client may not then require the specification of such expenditure to be charged, and the lawyer may not claim reimbursement of those expenditure for which the agreed lump sum has been exceeded.
(3) If the lawyer and the client have not agreed on another lump sum as reimbursement of local postal, freight and transport expenses, this amount shall be 30 CZK per legal aid operation.
(4) The amount of payment of travel expenses shall be governed by the law on travel expenses, (1) unless otherwise provided for in this decree.
(1) Compensation for time missed
(a) in the case of operations carried out in a place which is not the registered office of an attorney, 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 refund referred to in paragraph 1 shall be 20 CZK for each half hour which has begun.
Remuneration of the commercial lawyer
The method of identification and the amount of remuneration for the provision of legal assistance by commercial lawyers to natural and legal persons in matters relating to their business activities shall be governed by the provisions of this Order.
Provisions common, transitional and final
When considering the granting of free legal aid (§ 4) and the reduction of remuneration (§ 6 (2), § 17 (1)), account shall be taken in particular of the ownership and social circumstances of the client and of the nature of the case.
(1) When determining the costs to be reimbursed to a client against another natural or legal person, the amount of the lawyer's remuneration shall be determined in accordance with the provisions of this noncontractual remuneration decree (Paragraph 12 et seq.); Paragraph 17 (1), first sentence, shall not apply. The lawyer is obliged to notify the client if he is dealing with a contract fee.
(2) The first sentence of paragraph 1 shall also apply to the amount of remuneration of an attorney appointed by the prosecutor or court.
(1) An attorney may agree with a foreign exchange foreign exchange client on the manner and level of remuneration that is customary in the State of his residence or his registered office or as normally required for similar legal services abroad.
(2) If the application for payment is made in a foreign currency and the special rules do not prevent it, the lawyer's remuneration may also be negotiated in that currency.
(3) The agreement referred to in paragraphs 1 and 2 shall not be taken into account in determining the costs to be reimbursed to another natural or legal person; That's what the lawyer is obliged to notify the client.
The lawyer shall be remunerated in accordance with the existing rules for legal aid operations carried out before the date of entry into force of this Order.
Decree of the Minister of Justice No 50 / 1965 Coll., on remuneration for legal aid (legal tariff) is hereby repealed.
This Decree shall take effect on 1 July 1990.
Minister:
JUDr. Bures v. r.
1) Decree No. 33 / 1984 Coll., on Travel Refunds, as amended.
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Regulation Information
| Citation | Decree of the Ministry of Justice of the Czech Republic No. 270 / 1990 Coll., on the remuneration of lawyers and commercial lawyers for providing legal assistance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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