Bar Tariff

Original Language Title: Advokátní tarif

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44272&nr=177~2F1996~20Sb.&ft=txt

177/1996 Coll.



DECREE



The Ministry of Justice



from day 4. June 1996



rewards and compensation lawyers for lawyers providing legal services

(the bar fare)



Change: 235/1997.



Change: 484/2000 Sb.



Change: 68/2003 Coll.



Change: 618/2004 Sb.



Change: 276/2006 Sb.



Change: 399/2010 Sb.



Change: 399/2010 Coll. (part), 486/2012 Sb.



Change: 484/2000 Coll. (part)



Change: 390/Sb.



Change: 120/2014 Sb.



The Justice Department determined in accordance with section 22 paragraph 1. 2 of Act No. 85/1996

Coll. on advocacy:



PART THE FIRST



GENERAL PROVISIONS



§ 1



(1) the remuneration of the lawyer for the provision of legal services (hereinafter referred to as "reward

the lawyer ") is governed by its contract with the client (hereinafter referred to as" the Contracting

reward "); If it is not the reward of the lawyer as follows, shall be governed by the provisions of the intended

This Decree on the non-contractual remuneration.



(2) in determining the costs, the reimbursement of the client acknowledges

by decision of the Court or other authority, shall determine the amount of the remuneration of the lawyer

under the provisions on non-contractual remuneration, unless otherwise provided by this Ordinance

otherwise; § 12 para. 2. It is obliged to notify the lawyer

the client, if the contractual remuneration.



(3) the amount of remuneration of the lawyer appointed by the Court shall be determined according to the provisions of

non-contractual remuneration; § 12 para. 2 yet.



§ 2



(1) the lawyer shall in addition to the remuneration of the lawyer also entitled to reimbursement of the

cash expenses and compensation for loss of time under the conditions and in the amount of

laid down by this Decree.



(2) any other costs, in particular lawyer costs of routine administrative

work, are included in the consideration of the lawyer.



PART TWO



THE REMUNERATION OF THE LAWYER



The first section



Award a contract



§ 3



(1) where the reward is the arrangement between lawyer and client of the amount for

which will be the legal services are provided to, or on the way of determining it.



(2) the contractual arrangements of the reward is either part of the contract on the

basis, the legal service provides, or is agreed separately.



§ 4



(1) if the agreed remuneration by the number of hours or other

time units (hereinafter referred to as "reward"), belongs to the agreed rate

the time rewards for every new unit of time, if not agreed

otherwise. On request, the client is obliged to advocate Bill rewards

lawyer to submit a time specification provided by the client of the legal

services.



(2) if the Attorney in the contract of the time carried out the estimation of the remuneration

of the total amount, is obliged to notify the client in writing in advance on essential

exceeding the originally estimated amount of remuneration of the lawyer; otherwise, they cannot

claim a payment of that part of the remuneration of the lawyer, which was the original estimate

its amount is exceeded.



(3) remuneration must be proportionate and must not be clearly disproportionate to the

the value and complexity of the case.



§ 5



If the Attorney does not provide legal services within the agreed scope, it must

dilute an aliquot portion of the contract remuneration, unless otherwise agreed.



Section two



Non-contractual remuneration



§ 6



The amount of the non-contractual remuneration



(1) the amount of the non-contractual remuneration is determined by the rates of non-contractual remuneration

in one act of legal services and legal services, according to the number of operations that

a lawyer in the case.



(2) the assets of the remuneration in the amount of 10% of the annual income from

managed assets of at least $ 1000 per year.



(3) if the lawyer Declaration of authenticity of signature ^ 1a), it has the reward

30 for every copy of the Declaration of the authenticity of the signature of one person to

one Charter.



(4) for the execution of authorized conversion of the document is the reward of 30 EUR per

every new side with a converted document.



§ 7



The rate of non-contractual remuneration



The rate of non-contractual remuneration for one Act legal services makes the tariff

the values of the

1. to $ 300-$ 500,



2. over 500 to 1 000 CZK, 500 Czk



3. over $ 100 to $ 1,000,



4. over CZK 5,000 to CZK 10,000 Czk 1 500,



5. over 10 000 € to 200 000 CZK 1 500 € and 40 € for every

initiated 1 000 CZK, of which

value in excess of $ 10,000,

6. over 200 000 CZK

to 10 000 000 € 9 100 € and 40 € for every

initiated CZK 10,000, of which

value in excess of 200 000 CZK



7. over 10 000 000 Eur 48 300 € and 40 € for every

begun by 100 000 Eur, of which

value in excess of 10 000 000 CZK.



Tariff value



§ 8



(1) unless otherwise provided, shall be considered the tariff value of the above

cash or the price of things or rights at the time of the commencement of the Act

legal services concerned by the legal service; at the price of rights shall be deemed to

as the value of the receivables and debt. When determining the tariff value is

the accessories, unless it is required as a separate

claim.



(2) if the subject of the legal services of recurrent performance, the

the tariff value of the sum of the values of these transactions; If, however, on the implementation of the

For more than five years, or for an indefinite period, the only

five times the value of annual benefits.



(3) if the law provided for connection of two or more things to the common

consultation, it considered the tariff value of the value of things, which is

the highest.



(4) when the enforcement of a decision or execution (hereinafter referred to as "enforcement")

for recurrent performance is decisive for the determination of the tariff value of only

the value of the payments that are at the time of enforcement already

due.



(5) in cases of cancellation and settlement of the mutual ownership of the

is based on the price of the whole thing, after deduction of the price of the share client faces

a proposal for referral to the client or, in the case of a proposal to sell things.

If the proposal is directed at the commandment of the case, it is the other joint owners

the price of the whole thing, after deduction of the price of the share of the other joint owners. In

the case of the proposal on the distribution of real things is based on the price of the whole thing.



(6) in matters of marital property settlement is based on the mid-

the values of all individual things, receivables and debts, which the parties

have made the subject of settlement.



(7) in matters of succession, after the tariff value MSRP

zůstavitelova property of the corresponding amount of the client's share of the inheritance.



§ 9



(1) if the value of the thing or right to express in monetary terms or if it

Discover only with difficulty and nepoměrnými unless the context otherwise requires,

It is considered the tariff value of the amount of $ 10,000.



(2) in matters of custody court on minors, adoption, support measures,

incapacitation, nezvěstnosti and death, consent to the intervention in integrity,

the admissibility of the receipt or possession of Health Institute, in matters

guardianship and matters of claims by natural people in the field of social

security, pension, sickness and general health

insurance is deemed to be the amount of the tariff value of 5 000 CZK.



(3) the amount of EUR 35 is considered the tariff value in matters of:



and) determine whether there is a legal relationship or the law, determine the invalidity of the

legal proceedings, with regard to the determination of rights in the case of money or valuable

in the case of the determination of invalidity of legal action, whose subject is the thing

or performance money invaluable,



b) for actions for declaration of will towards the creation, modification or extinction of the legal

the negotiations, whose subject money is invaluable,



(c)) the establishment or cancellation of the easement or right to build and other

the rights and obligations of the easements or rights of construction,



d) rights relating to personality, in matters of protection against disclosure of information

that is an abuse of freedom of expression, of speech and of the press in accordance with the legal

the provisions concerning the mass of information resources, and in matters of

arising from the application of rights and obligations under the legislation on

protection of personal data or according to the law on the protection of

industrial and other intellectual property without the proposal for compensation

non-material damage, or



(e) rent non-residential premises), buildings and land, unless the cash

the performance.



(4) the amount of $ 50,000 is considered to be the tariff value in matters



and) moral rights, protection against disclosure of information that is

abuse of freedom of expression, of speech and of the press under the legislation on

the bulk of information resources, and matters arising from the

the application of rights and obligations under the legislation on the protection of

any personal data or under the legislation on the protection of industrial and

other intellectual property with the proposal for compensation for non-material damage,



b) referred to in paragraph 3 (b). and), if it is a legal relationship to a business

the race, immovable property, or rights of industrial or other intellectual

ownership,



(c)) decided in a proceeding in matters of trust funds, business

companies, cooperative societies and other legal persons, and in matters of

decided in insolvency or similar proceedings,



d) actions, appeal complaints and other legal cases pending

According to the administrative judicial procedure, with the exception of the things referred to in paragraph 2, and

in the cases heard by the fifth section of the code of civil procedure,

or



e) constitutional complaints, with the exception of the things referred to in paragraph 2.



(5) the performance of the duties of a guardian appointed by the administrative authority

a party appointed by the Court under the law governing criminal

liability of legal persons, appointed by the Court according to the law


special procedure governing judicial or appointed by the court party

control whose stay is not known, which failed to deliver on a known

address in a foreign country, which has been suffering from a mental disorder, or from other

health reasons cannot not only for a transitional period to take part in

management or who is unable to clearly express yourself ^ 1b)

considered the tariff value of the amount of $ 1,000.



§ 10



(1) and representation in administrative proceedings, including proceedings for offences

or other administrative offences shall be considered the tariff value of the amount

5000 CZK.



(2) the defence in criminal proceedings in cases in which the Court of first

the degree is decided in a private session, it is considered the tariff value of the

the amount of 500 CZK.



(3) when the defence in criminal proceedings, unless the things referred to in paragraph 2,

It is considered the tariff value of the



and) the amount of $ 500, if it is a criminal offence for which the law stipulates a prison

deprivation of liberty whose upper limit does not exceed one year,



(b)) the amount of $ 10,000, in the case of an offence for which the law stipulates a prison

deprivation of liberty whose upper limit exceeds one year and does not exceed the

five years,



(c)) the amount of $ 30 000, in the case of an offence for which the law stipulates a prison

deprivation of liberty whose upper limit exceeds five years, does not exceed the

for ten years,



(d)) the amount of $ 50,000, in the case of an offence for which the law stipulates a prison

imprisonment exceeding 10 years or that you can save

an exceptional punishment.



(4) to the legal rate reductions for juveniles shall be disregarded.



(5) in representing the injured party in criminal proceedings for compensation for injury

that was the victim caused by the criminal offence shall be considered tariff

the value of the amount of $ 10,000; If the victim has been attributed as a

the amount of cash compensation in excess of $ 10,000, it is considered

the tariff value of this amount of money.



section 10a



In the performance of functions of a guardian of a child under a special legal regulation

governing the judiciary in matters of youth ^ 1 c) are considered tariff

the value of the amounts listed in section 10, paragraph 1. 3. It is based on the criminal

the rates that would apply if the perpetrator was criminally

responsible.



§ 11



Tasks of the legal service



(1) the non-contractual remuneration belongs for each of the following legal services:



and the receipt and preparation of the representation) or of the defence on the basis of the Treaty on

the provision of legal services;



(b)) the first meeting with the client, including receipt and preparation of a representation or

the defence, if the client representative or Attorney appointed by the Court,



(c)) for more consultation with the client more than one hour,



(d) a written submission or proposal) on the merits, you are prompted to perform the basic

the factual and legal analysis of the previous proposal on the merits



e) participation in pre-trial investigations, and that each

the initial two hours,



(f)) at the end of the investigation the case file review, and each started two

hours,



g) participation in the Act of an administrative or other authority, participation in proceedings before the

the Court or other authority, and each started two hours,



h) drafting a legal analysis of the matter,



I) dealing with the opponent, and that each of the two partial hours,



(j)), the application for interim measures, it occurs before the start of the proceedings,

appeal against a decision on interim measures and the observations thereon,



to appeal, appeal) a proposal for the retrial, an action for annulment,

where appropriate, the complaint against the decision on the application for renewal of proceedings and

expression to them,



l) complaint to lodge a complaint for violation of the law and the observations to

complaint for violation of the law,



m) instrument of writing up the legal proceedings.



(2) the non-contractual remuneration in the amount of one half belongs in each of these

operations legal services:



and the application for interim measures), it occurs after the initiation of the proceeding,

an application to secure evidence or heritage,



(b) the proposal to fix the preamble) the decision to remove the effects of

missed periods and to amend decision convicting to fulfil in the future

due to the performance of benefits or in installments,



c) appeal against the decision, unless the decision on the substance, and

the expression of such an appeal,



d) suggestions and complaints on cases in which decisions are made in the public

meetings, and representations to them, with the exception of the appeal, the application for renewal

management and initiative to the complaint for violation of the law,



e) in the case of enforcement of a decision for the first meeting with the client, including the

acceptance and training agency, for the drafting of a document instituting proceedings,

comments on the proposal, representation at the hearing and writing the appeal against the

the decision,



(f) participation at the hearing,) in which only the announcement of the decision,



(g) participation in the preparation of negotiations) ^ 1 d)



h) simple call for implementation.



(3) for the actions of legal services not specified in paragraphs 1 and 2, remuneration

as for the actions of which they are, by their nature and purpose.



Increase or decrease non-contractual remuneration



§ 12



the title launched



(1) in the case of operations legal services particularly difficult, especially if they

have to apply a foreign law or foreign language, or for acts of legal

a time-consuming services increase non-contractual remuneration to the

three times.



(2) the advocate may reduce the non-contractual remuneration by up to half.



(3) when you join two or more things, for which the connection to the common

consultation is not provided for other legislation, tariff

the sum of the value of the United tariff values of things.



(4) in the case of joint operations when the representation and defence of two or

more people, belongs to the lawyer for each as follows represented or

defended a person non-contractual remuneration reduced by 20%.



(5) the defence in criminal proceedings in respect of offences committed in

overlapping belongs only to the lawyer of the remuneration laid down for the offence with

the highest criminal rate.



§ 12a



(1) the rates of non-contractual remuneration under section 7 of the legal services

designated representative in civil proceedings, set up by the

in civil proceedings a guardian, appointed defense attorney in the criminal

management, appointed an agent in criminal proceedings or guardian

the child pursuant to other legislation regulating the judicial system in matters of

the youth shall be reduced by 20%.



(2) the rate of the non-contractual remuneration for one act of the legal services set up by the

representative in civil proceedings, set up by the guardian in

civil procedure, set up by the defence counsel in criminal proceedings,

appointed an agent in criminal proceedings or custodian of a child under

other legislation regulating the judicial system in matters of youth

reduced in accordance with paragraph 1 is less than $ 500.



section 12b



cancelled



§ 12 c



cancelled



PART THREE



REIMBURSEMENT OF CASH EXPENSES AND COMPENSATION FOR LOSS OF TIME



section 13 of the



Reimbursement of cash expenses



(1) the lawyer belongs to the reimbursement of cash expenses reasonably incurred in

connection with the provision of legal services, in particular judicial and other

fees, travel costs, postage, telecommunications, expert

Testimonials and expert comments, translations, copies and photocopies.



(2) the Lawyer with the client can agree on a reasonable lump sum

as to the refund of all or part of cash expenses, which

spending is assumed in connection with the provision of legal services.

The client then you can not require the specification of these finished

expenses and the lawyer cannot request a refund of the cash expenses, which

It was negotiated by the flat-rate amount is exceeded.



(3) unless the lawyer with the client on another flat-rate amount as

reimbursement of national shipping, local rate number and freight,

This amount is 300 CZK for one act of legal services.



(4) if the amount of the reimbursement of travel expenses, unless otherwise agreed, the

the amount of this compensation legislation on travel compensation. ^ 1)



§ 14



Compensation for loss of time,



(1) the lawyer belongs to compensation for time missed in connection with

the provision of legal services



and the tasks carried out in) a place that is not established or resident

a lawyer for time spent on the way to this place and back,



(b)) for the time missed as a result of the delay of the opening of negotiations before the Court

or other authority, if the delay is more than 30 minutes.



(2) the lawyer belongs to compensation for time missed in connection with

the provision of legal services in the amount of one half of the non-contractual remuneration for

participation at the hearing, which was adjourned without consideration of the case, and for the

appearance of the negotiations, which has been held without a lawyer in a timely manner about it

notified in advance; If the negotiations adjourned or guns for reasons of

on the client side, a lawyer, and if these reasons were

a lawyer known for at least two days prior to the date of the negotiations, it has the

compensation amounting to one quarter of the non-contractual remuneration.



(3) unless otherwise agreed, the refund referred to in paragraph 1 shall be Eur 100 per

each initiated by a half hour.



(4) compensation for loss of time, the lawyer does not belong to at the same time

the period of entitlement to remuneration for the legal services Act (section 11).



PART FOUR



THE REGISTRATION CERTIFICATE OF THE PAYER OF VALUE ADDED TAX



§ 14a




(1) a lawyer who is the payer of value added tax, shall submit to the Court

or any other authority, for which it applies for this reason, an increase in remuneration

and refunds under special legislation ^ 3), a certificate of registration

the payer of value added tax issued by the competent tax administrator ^ 4).



(2) if the Attorney practicing law in public company

established under a special legal regulation ^ 5), he shall submit to

referred to in paragraph 1, the Court or other authority of a certificate of registration

the payer of value added tax issued by the competent tax administrator regarding

This business of the company.



PART FIVE



SPECIFIC PROVISIONS REGARDING COSTS



section 14b



(1) in civil proceedings,



and that started the design) of the examination on steady pattern as

repeatedly the same plaintiff in a factual and legal matters, like



(b)) in which is the subject of the management of monetary and tariff value

does not exceed $ 50,000, and



(c)) in which it was granted to the applicant to pay the costs,



for the purposes of determining the rate of pay the costs for any act of the

legal services to request the opening of the proceedings, including from tariff

the values of the

1. up to CZK 10,000................................ 200 Czk,

2. over 10 000 CZK to CZK 30,000................. 300 CZK

3. over $ 30 000 to $ 50 000 ... ... ... ... ... ... ... 500 CZK.



(2) in matters of enforcement if enforced cash transactions and

tariff value does not exceed $ 50,000, for the purposes of determining compensation

the costs, rate of pay for the first meeting with the client, including the takeover of

and the preparation and drafting of a representation of the document instituting the proceedings-$ 100 per

each of these tasks.



(3) the rate of pay for more legal services for purposes of determining

reimbursement of costs in proceedings referred to in paragraphs 1 and 2 shall be established in accordance with section 7.



(4) the total amount of remuneration for the purposes of determining the costs of the proceedings

referred to in paragraph 1 shall be limited in amount to the tariff value.



(5) lump-sum reimbursement of expenditure on the national postage,

local rate number and freight for the purpose of determining the costs to be

makes



and $ 100 for each) of operations legal services paid under paragraphs 1 and 2,



b) 300 EUR for each of the processes legal services paid under paragraph 3.



(6) the provisions of § 6 and § 8 to 12 shall apply mutatis mutandis.



PART SIX



TRANSITIONAL AND FINAL PROVISIONS



§ 15



For legal services rendered prior to the effective date of this order

It is for the lawyer or the lawyer's remuneration in accordance with the existing commercial

regulations.



section 15a



cancelled



section 16 of the



Decree of the Ministry of Justice is hereby repealed the United Kingdom no.

270/1990 Coll., on the remuneration of lawyers and commercial lawyers for the provision of

legal aid, as amended by Decree No. 576/1990 Coll.



§ 17



This Decree shall enter into force on 1 January 2000. July 1996.



Minister:



JUDr. Smith v. r.



Selected provisions of the novel



Article II of the Decree No 276/2006 Sb.



Transitional provision



For legal services rendered prior to the effective date of this order

It is for the lawyer's remuneration in accordance with the existing legislation.



Article. (II) Decree No. 399/2010 Sb.



Transitional provision



If proceedings are instituted before the date of entry into force of this order,

belongs to the designated representative and a nominated guardian in the civil

court proceedings, a nominated defenders and appointed agents in

criminal proceedings and a nominated guardian of the child in proceedings under the

Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain acts (the Act on

the judicial system in matters of youth), as amended, for the actions of

legal services provided in connection with this proceeding the date of acquisition

the effectiveness of this Decree, non-contractual remuneration according to present laws

regulations.



Article. (II) Decree No. 486/2012 Sb.



Transitional provision



For legal services rendered prior to the effective date of this order

It is for the lawyer's remuneration pursuant to Decree No. 177/1996 Coll., as amended by

effective until the date of entry into force of this Decree.



Article. (II) Decree No. 390/Sb.



Transitional provision



For the actions of legal services rendered before the date of entry into force of this

the Decree, according to the lawyer belongs to reward the existing legislation.



Article. (II) Decree No. 120/2014 Sb.



Transitional provision



In proceedings initiated before the date of entry into force of this Decree, the

costs shall decide in accordance with existing legislation.



1) Act No. 119/1992 Coll., on travel compensation, as amended by Act No.

44/1994 Coll.



1A) of section 25a of Act No. 85/1996 Coll., on the legal profession, as amended

regulations.



1B) section 29 para. 3 of the code of civil procedure.



1 c) section 91 paragraph 2. 2 and § 95 para. 1 of Act No. 218/2003 Coll., on liability

Youth for unlawful acts and the judicial system in matters of youth and amending

Some laws (the law on the judicial system in matters of youth).



1 d) in particular, section 114c of the judicial code.



3) § 23a of Act No. 85/1996 Coll., on the legal profession, as amended by Act No.

229/2002 Coll., section 151 paragraph 1. 2 Act No. 141/1961 Coll., on criminal court proceedings

the Court (code of criminal procedure), as amended. § 140 para. 2

Act No. 99/1963 Coll., the civil procedure code, as amended

regulations. § 35 para. 7 of Act No. 150/2002 Coll., the administrative court rules, in

as amended.



4) § 33 para. 11 of Act No. 337/1992 Coll., on administration of taxes and fees, in the

as amended.



5) section 15 of Act No. 85/1996 Coll.