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Regulations On Fees From The Public To Lawyers Etc.

Original Language Title: Forskrift om salær fra det offentlige til advokater m.v

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Regulations on fees from the public to lawyers etc.

Date FOR-1997-12-03-1441

Affairs Ministry of Justice

Published Dept. In 1997 2520

Commencement 01.01.1998


FOR-2009-01-07-51 from 01.02.2009

FOR 1992-10-26-969



LOV-1981-05-22-25-§78, LOV-1981-05-22-25-L-107, LOV-1981-05-22-25-§107d, LAW-1916-07-21- 2 Section 10, LOV-1980-06-13-35-§3, FOR-1982-10-08-1445


Short Title
Fee Regulations

Adopted by the Ministry of Justice 3 December 1997 pursuant to the Act of 22 May 1981 no. 25 relating to legal procedure in criminal cases (Criminal Procedure Act) § 78, § 107 and § 107d, the Act of 21 July 1916 No.. 2 the witnesses and experts remuneration etc. § 10 and Act 13 June 1980 No.. 35 for legal aid § 3, ref. delegated decision of 8 October 1982 No.. 1445.
Changes: Amended by regulations 13 January 1999 No.. 504, June 16, 2006 no. 954, January 7, 2009 No.. 51.

§ 1. Who regulation applies This regulation applies to the determination of fees to the appointed defense lawyers, private presumed defends accruing public fees, appointed attorney for the aggrieved party in criminal cases, lawyers without a fixed salary from the public serving as prosecutor and lawyer / counsel and others who provide legal aid under the Act on free legal aid. This regulation does not apply to prosecutors, defenders and a lawyer for the aggrieved party in criminal cases before the Supreme Court.
Regulations also apply fees to appointed experts and law interpreters in cases before courts other than the Supreme Court, experts / institutions and interpreters who serve for prosecutors as well as to experts, interpreters or others providing assistance under the Act on Free Legal Aid. This regulation does not apply translatøroppdrag.
Regulations apply further for health professionals who perform physical examination pursuant to the Criminal Procedure Act § 157 and the Prison Act § 30a.
Justice may, for particular lawyer or advocate rota provide separate rules on fees.

Comments 1.1. Defenders and legal aid lawyers
regulation is applicable in all cases where it shall be determined fees to a publicly appointed defender or counsel, with the exception of fees that apply to criminal cases before the Supreme Court. Regulation is applicable to the cases where the court finds that special circumstances indicate that a private thought defends should be awarded fees of state as if he had been officially appointed, cf. Criminal Procedure § 107 third paragraph.
1.2. Lawyers / law helpers who provide free legal aid
regulations apply both to lawyers and legal services, cf. Courts Act § 218 second paragraph. 1, providing free legal advice under the Act 13 June 1980 No.. 35 on Free Legal Aid (Legal Aid Act) Sec. II and for counsel in cases where it has been granted free legal aid by the legal aid Act chap. III.
Legal assistants' freedom to provide free legal advice by law on free legal aid is regulated in accordance with § 2, paragraph cf. Regulation 9 October 1997 no. 1087 on the freedom to provide free legal advice for legal candidates exercising legal aid.
1.3. Surveyor
The appointed expert shall be remunerated pursuant to the fees regulations, regardless of who actually pay for the mission. Thus, it is irrelevant whether it is the public or the private party to pay the expert's fees. At each appointment should the expert in advance are advised that the fee will be determined according to the fee Regulations.
After Criminal Procedure § 138 subsection entitled appointed experts attorney fees under the provisions of the Act of 21 July 1916 No.. 2 about witnesses and experts remuneration etc., Ref. § 1 and § 10. According to § 10 shall be appointed experts without a fixed salary, be remunerated for their current assignment. Assessors must be deemed to have a fixed salary in the provision sense when it belongs to their normal duties to serve as an expert witness. There must be sufficient in this regard that the current assignment as an expert is included as one of several official duties. This applies, for example, officials of Criminal Investigation. It will for this group to be a part of their official duty as an employee to carry out the assignment as court-appointed expert. They have therefore not entitled to any special remuneration for this.
As regards other groups will depend on a specific assessment of the individual's employment whether it is part of their official duty to perform the mission as court-appointed expert.

In respect of employees at the National Institute of Forensic Toxicology (SRI), the employment pr. today so that attendance in court is not counted as part of their official duties and therefore not remunerated by SRI. If an employee at SRI appointed as an expert witness, he shall thus be remunerated according to the fees regulations as regards the time spent on actual attendance in court, including legal review directly related to attendance in court.
As regards the so-called "police experts," for example. experts police use either the order police service or by purely preliminary investigations, the court will have to assess the need for the appointment in accordance with the Disputes Act § 25-2 and the Criminal Procedure Act Sec. 11. The Ministry assumes that it generally will not be the reason to appoint those who experts if the assignment is performed during office hours as part of the service, and on the basis of the present report in the case.
Regulation also applies where the county finds itself unable to cover expenses for expert witnesses who are not appointed by the court by the Legal Aid Act § 22, second paragraph, and for expert assistance in free legal cases under the Legal Aid Act § 14, second paragraph.
It occurs that doctors who are appointed psychiatric experts find it necessary that the subject being examined by another expert, for example. a psychologist. Consent must be obtained beforehand from the person who made the appointment, and fee regulation will also apply this expert.
In some cases it is, especially by the police requisitioned expert assistance in institutes that occasion. especially apparatus, test equipment, etc. are particularly well suited to undertake certain investigations. A significant portion of the bill from such institutes will be associated with the use of machines. It is believed that the purchase of such services not covered by the fees regulations and the Regulations rates does not necessarily have to be the basis for this type of expert assistance. If the relevant department will not accept the fees regulations be applied shall, however, such institutions only be used where it is deemed absolutely necessary, and whoever has requested assistance must certify this against anyone who shall determine the fee.
1.4. Interpreters
regulation applies to both court-appointed interpreters and interpreters who serve by the Legal Aid Act. It comes ahead of an approved interpreter to the extent required by Circular G-113/88. Such interpreters shall be remunerated in accordance with Regulation concerning legal fees regardless of who actually pay for the mission. Thus, it is irrelevant whether it is public or private party shall pay the interpreter's fee.
Regulations apply interpreters who serve for prosecution. This regulation is, however, only apply to the interpretation assignment in criminal matters, and not by interpreting jobs involving police administrative tasks, including immigration cases.
Ministry will emphasize the importance of the users of interpreters is critical to who is appointed to interpret contracts, as not all used is equally suited to carry out such missions.
It is also important to be aware of the difference between interpreters and translators. A sworn translator will not necessarily be regarded as fully qualified to perform interpreting assignments. As pointed out above, it is important to have experience in interpreting. If during interpretation arises for translation of documents and recording of the contents of the document, should the recipient (ie the interpreted too) called upon to record the translation, so no interpreter performs written translation.
Regulation does not apply translatøroppdrag. Such missions are regarded as purchases of services and not as an expert mission. Regarding the performance of this type of mission, arises from experience, often inconsistencies with regard to the invoice size. The Ministry would therefore recommend that there already when the research conclusion agreed what rate to use.
1.5. Health professionals
Pursuant to Regulation § 2, third paragraph prepared separate unit price rates for certain medical experts business, cf. Justice Ministry's circular.
As regards the permanent employee healthcare, it has in fact been linked in some doubt as to whether it is the employee or the institution he is employed by, as are fees warranted under the Regulations. What matters must be if it is the employee who is appointed as an expert witness. In such case, the fee paid to the person concerned. This will regularly be the case where the expert is appointed by the court. If prosecutors appeal to a hospital or laboratory to get someone to take a blood sample and analyze this, it must however be concerned hospital or laboratory that must be considered fees deductible.
1.6. Lawyer and defend rota

Pursuant to the fourth paragraph, the ministry has its own rules about fees for defending the emergency service at the Oslo District Court.

§ 2. The public fee rate of fees given by an hourly rate determined by the Ministry of Justice. Interpreters are remunerated with 4/5 of this hourly rate.
It granted remuneration for each commenced half hour. Total time spent, with the exception of time used for travel absence and attendance in court proceedings, shall be rounded to the mission as a whole up to the nearest half hour. Time spent for travel absence shall be rounded to the same way. Time spent for hearings rounded up to a half hour each day. Court sittings that last less than one hour is remunerated by one hour. If it can be paid compensation before a mission is completed, the rounding after this provision be made for each task as remunerated.
Ministry of Justice may issue rules regarding the unit price rates for specific subject areas and for medical experts business requested by the public.
Counsel who is not a lawyer / associate and who is appointed pursuant to the Disputes Act § 3-3 or the Criminal Procedure Act § 95 is compensated with half hourly rate.
The annual fee rate is intended to cover expenses for office management and even retirement. Office costs includes expenses for rent, copying, postage, telephone, writing assistance and procurement of literature, etc. Expenditure on charging for searching Lovdata, fax expenses and telex expenses must also be counted as regular office management expenses.
Fees The rate includes work related to writing task and any issuance of appeal so that this work can not be claimed separately.

§ 3. Determination of the fee The fee question is entitled to fees under these regulations from the time the appointment comes.
By fees determination shall fee task remunerated by the hourly rate applicable at the time the work was completed.
The fees deductible are not entitled to any addition to the fees he is entitled to according to the fee regulations even if the due assignment miss his regular salary or other missions or to pay a substitute for the time assignment relates.
The fees beneficiary is not entitled to remuneration for the latency between the main hearing and judgment where the judgment will take place the same day.
Defenders is only entitled to fees for work done by appointment and not in connection with prior police interrogation el If work preceded the appointment has led to less work later, you can still also this well done. The defense attorney's attorney fees for assistance rendered before the hearing held to decision of incarceration question, is not conditional on whether he was already appointed.
Lawyers / law helpers who perform work in connection with legal aid and free legal advice has only the attorney fees from the time the appointment comes. If given after authorization of free legal aid must be ensured that the appointment specifies the date from which the license applies. The general rule is that an authorization of free legal representation applies from subpoena or similar. An exception is where the work of preparing the application for legal aid is taken out of the time the license indicates, when work regarding this can always be included in the task and be remunerated when legal aid is granted.
If an application for free legal aid rejected, the lawyer's work until the subpoena could be covered by the rules concerning free legal advice if the required conditions otherwise exist.
It is requested ensured that the task contains information on when the work was completed ref. Below in section 5.2. Advance payments shall be made by the hourly rate applicable at the time of payment.

§ 4. Who determines the fee Fees for having served as a public defender or prosecutor in a criminal case, a lawyer for the aggrieved, as counsel in legal aid case or as an expert witness in a criminal or civil case, decided by the court that has considered the matter to treatment. If it is held proceedings before a court other than the one that has had essentially, it is the right that has had the proceedings task applies to determine and pay the fee for this.
In other matters under the Act on Free Legal Aid determined the fee of the administrative body that granted free legal aid. In cases with free legal advice where the lawyer or legal assistant have been granted legal aid, will the fees still determined by the County.
Fees for expert who serve for prosecutors determined by the competent police chief.

Comments 4.1. Adoption of the law

In task to court in custody matters shall not be included work done in view of the upcoming main hearing in the District Court. This work should consequently be included in the task to the district court.
Aid Act § 22 first paragraph, third sentence gives the right of hearing the case the authority to decide whether an authorization of free legal representation shall also include legal proceedings by another court. Any application for extension of the license shall be submitted in writing to the court that hearing the case.
4.2. Determination of the County
If the applicant moves to another county for the granting of free legal advice, but before submission of fee requirements, the demand for fees generally sent to the county governor's office that granted free legal advice.

§ 5. Submission of task Task be delivered the fee determinable authority no later than 3 months after finishing work. Task filed after the deadline shall not be remunerated unless the delay is regarded as excusable. In cases where the claim is not covered by the state, they can not demand fees of the client.
Tasks should be given in the form prescribed by the Ministry of Justice. The mission will provide as detailed information on the work performed outside court proceedings that fee determinable authority can judge the time spent at work. Only actual time spent shall be invoiced.
The fee determinable authority may require that such documentation from the fees justified as necessary to consider the merits scope. In the task should be clarified whether the fees for work performed in the same case previously determined and directed by the same or other fees determinable authority. A copy of any previously assigned task in the case should be enclosed.
In cases where the lawyer or expert uses an interpreter, the latter is liable for compensation to the interpreter. The lawyer must certify interpreter's expense and must in this regard, inter alia, verify the date and time for the interpreting service. The interpreter's bill will then generally be included in the lawyer's task and attached in connection with the submission of the thesis. If interpreter exceptionally send special task this must also be certified by the attorney.
Documented expenses that are necessary to execute missions as a prosecutor, defense counsel, counsel, lawyer or expert in a satisfactory manner, to be included in the salærberettigedes task.

Comments 5.1. Deadline for submission of task
Delays will be excusable under the first paragraph, second sentence, if they are due to circumstances beyond the lawyer's disposal. Examples include lack of documentation regarding the client's finances. For that late submission shall be considered excusable in such cases, it is assumed that the lawyer has made more active attempts to get information from his client, and that the time overrun solely due to conditions from the client side. Ministry on the other hand is not considered wrong filing with the lawyer or a mere oversight that excusable.
As a defense assignment only applies to certain proceedings in the case, the assignment will generally be deemed terminated when the current proceedings progress has been made. Accordingly, it is this time that will form the basis for the calculation of the three-month deadline. Upon remand is regarded mission ended when the client release or assignment is taken over by another counsel. Task must still be submitted within three months after the remand hearing that it required compensation for.
5.2. About task
thesis is so elaborate that the body that determines the fee can judge the reasonableness and necessity of the time given. This means in particular the task of preparatory work must be specified thoroughly and overhead justified. Task must also contain information on the work was completed. Tasks that are not specified (eg concerning the preparatory work and possibly travel absence) or are not populated with the time of work termination, etc., Shall not be remunerated until deficiencies are corrected. Responsibilities for example. using only the keywords related standard expression / summary timesheets without further clarifying comments, will not give rise to remuneration.
Should disclose the matter is taken over by another, and that previously paid fees, cf. § 12 with comments.
Parties, witnesses and appointed experts' expenses shall not be included in the lawyer's task. These will eventually be covered by reinsurance.

Referred as counsel, advocate, appointed expert or interpreter is personal and not transferable to others. This means that the task must be submitted by the person. Settlement must thus be carried out with the fees deductible unless there is a transport declaration.
5.3. Especially if necessary legitimate expenses and extraordinary expenses
With legitimate expenses after subsection understood costs not covered by the fee, cf. § 2 with comments, and that necessary for performance of the contract, for example. costs associated with medical expert business and technical studies. The precondition for compensation is that the work is reasonable and that he who has done the work, sends bill to the fees eligible for this.
Expenses for necessary written translations are covered by prior approval of the fees determinable authority. The lawyer must justify the need for written translations.
The layout is established only to the extent that the fees determinable authority finds that it has been necessary for performance of the contract.
It should be noted that spending on office management and even retirement can not be regarded as expenses. Such expenses are covered by the annual fee rate, see further comments on § 2. Absolutely extraordinary expenses may however be covered if there are reasonable grounds for it. Application for this must be separately justified. If copying expenses regarded as extraordinary, well done every copy of NOK 1, -. It will eg. considered extraordinary if the police in criminal cases leaves the defender to undertake the necessary copying of documents in the case, cf. Prosecution § 25-5. Even copy documents to appeal excerpts covered by NOK 1 pr. copy. Time spent on actual copying comprised of expenses for regular office hold and is not covered separately. Attorney working on designing appeal excerpts are covered separately as preparatory work. In cases paid with a unit price, included the work of preparing an appeal excerpts of the unit price.

§ 6. Fees Determination and payment of fees Determination and payment of the fee shall be as far as possible within 30 days.
Approved fees paid even though the deadline for appeals are not looking or appeal proceedings are not finalized.
If a case is particularly lengthy and time consuming, it can be paid an advance equivalent to the fees hitherto vested in the case. In that case, a specification of what work the advance payment applies, and the period during which this work is performed.
By prepayment may amount paid demanded if the task is not approved or the amount exceeds what is finally accepted.
30-day deadline for the determination and payment of the fee runs from the time the fee determinable authority has been submitted all necessary information for assessing the demand for fees. If fee determination was appealed / appealed, payment may still be made for the amount approved.
If the accused shifts defends during the preparation, the first appointed defense counsel is entitled to their fees in the case set and paid when his work is completed.
The rules on advance payment does not apply to unit price matters, cf. Rt-2006-1327 and the Ministry of Justice comments on unit price Regulations § 11 of the Circular G-13/05. The exception is not an obstacle for continuous payment by unit price in detention cases, cf. Unit price Regulations § 11, second paragraph, second sentence with comments

§ 7. Reduction of the fee Finds the fee fixing the authority that has been used longer than what is reasonable and necessary, the fee may be reduced. In criminal cases and in cases under the law on free legal aid Sec. III is the person who has filed task, given the opportunity to respond before the fee is reduced. In criminal cases the court may, if deemed necessary, obtain the relevant documents for assessing saksforberedelsens scope.
When the fee determinable authority puts down the fee, shall be briefly explained.

Comments 7.1. General
It is a condition for compensation for the regulations that work is done in a professional manner. If the fee determinable authority concludes that the work not hold academic goals, he is not entitled to full compensation.
7.2. Reduction of the fee for work beyond what is reasonable and necessary
provision entails an obligation to reduce the fee in cases where timeliness exceeds the reasonable and necessary. Please refer to Rt-1992-1556.

The work of persons who are appointed as counsel or advocate pursuant Disputes Act § 3-3 or the Criminal Procedure Act § 95, to be assessed by the same standards as lawyers / attorneys. This means that it should not be granted compensation to a greater extent than an attorney / lawyer would have received for work.
Salærnedsettelser in criminal cases and in cases involving free legal representation, cf.. Concerning free legal Sec. III, should be taken up with the fees deductible before reduction made. Extensive salærnedsettelser should also the fees justified in cases involving free legal advice, cf. Act on Free Legal Aid chap. II, given the opportunity to express their views. Insignificant changes, correction of calculation errors and other obvious mistakes that can not be regarded as a fee reduction, need not be submitted to the fees deductible.
7.3. What is reasonable and necessary work in the case
What time consumption that could be considered reasonable and necessary to be decided by a concrete discretion in individual cases. The lawyer shall clarify the factual and legal aspects of a case. The work must not go beyond what is deemed necessary to protect the client's needs. It must be assumed that the lawyer has a general familiarity with legal rules and case law on the matter the specific case in question, so that work almost get the character of studies fall outside what it is reasonable for the public covers.
In some cases, including family and criminal cases and especially in cases where one is a lawyer for the aggrieved party, the lawyers often a certain demand from the client to discuss matters beyond the actual legal aspects of the case. The principle is that it is not fair that the public should cover lawyers' involvement in this field. Only if the need for this are particularly necessary, it can to a reasonable extent given compensation also for such work.
Work consisting in contact with the press, etc. will generally not covered by the state. The Ministry is however of the opinion that the Criminal Procedure Act § 107, second paragraph is not to prevent an appointed defense lawyers can claim against the accused remuneration for work related to the tasks that lie outside it the fee covers. The accused must in this case be made aware of this before expenses are incurred.

§ 8. Travel Absence In between the hours. 0800-1600 on weekdays (Monday to Friday) will be given compensation for travel and other absences. At other times given compensation for traveling time.
The fee will be determined by the rate that would otherwise apply. Compensation is paid only for consecutive absences over 30 minutes.
Absence Compensation is not granted for travel back and forth to the right place if it would be cheaper for the state of the fees deductible takes up residence at the site.
Fees Eligible fixed salary accorded no absence compensation during working hours, unless the applicant can verify wage deductions during the absence of their regular employment.
Expenses incurred in connection with the absence, for example. expenses for travel, accommodation, etc., shall not be remunerated by fees regulations, but are paid according to the rates the government travel.

Comments 8.1. The timing and magnitude of absence compensation
After the first paragraph, first sentence. Shall be given compensation both for actual travel time and for the time you are otherwise absent from the office on weekdays between the hours. 0800 and 1600. At other times given compensation only for actual flight time, including any waiting time associated with journey. With latency is understood waiting for departure or corresponding transport and delays during the journey. Waiting for the arrival destination, including accommodation in advance of a hearing, etc are not considered as "travel time", but considered "other absences" which can be demonstrated by § 8 first paragraph. This is applicable in cases where the fees deductible travel right place the day before the hearing or arrive right place prior to the meeting that day.
Regulations § 8 first paragraph should be seen in connection with the provision of Government travel regulations § 3 no. 1 which states that the journey must be carried on it the state's fastest and cheapest way as far as is compatible with performance of the contract when including taking total respect of all expenditure and an efficient and proper termination of service.
8.2. Remuneration the scale of

Fees on compensation for travel absence by subsections are the same as for other consideration, according to the fee regulations and paid thus ordinary fee rate per. commenced half hour. Remuneration granted, however, only for continuous absence for a period of more than 30 minutes. This means that it is not given compensation for absences of less than 30 minutes each way. If absence makes up more than 30 minutes each way, given the compensation for the total total absence, ie that no deduction shall be made for the first 30 minutes.
8.3. Deductions from pay as a condition of absence compensation
If the fee entitled to document wage deductions due to absence in connection with the assignment, the employee will be entitled to absence compensation equivalent salary deduction, however limited to the fee pr. hour.
8.4. Location Disclaimers conditional absence compensation
Absence Allowance can generally only be granted if the rules on residence subject is not an obstacle to it. Look closer Regulations § 9 with comments.
It granted however absence compensation for the travel time spent working for defense counsel to consult the accused / defendant in prison for necessary calls even if the accused / defendant is in custody outside jurisdiction. Travel expenses for such visits are remunerated in accordance with government travel.
8.5. Especially in fees to medical experts
It is found most convenient and appropriate to have a fixed payment for each expert business carried out by doctors and other health professionals. In connection with the transactions which are remunerated by unit price rates, cf. Regulation § 2, third paragraph, it is permitted to manifest absence compensation also when traveling absenteeism falls outside what is otherwise considered normal business hours.

§ 9. Location Disclaimers The public good does not additional expenses as a result of the chosen attorney with offices outside jurisdiction.
The public good does not additional expenses as a result of the free-rettsrådsak or free sakførselsak for administrative chosen lawyer or other legal services beyond reasonable proximity of the rettshjelpsberettigedes residence or whereabouts.
The fee determinable authority may in special cases decide that travel and subsistence expenses and / or absence compensation still to be covered wholly or partly by the public. The decision shall, where justified.
Application for revocation of residency caveat should normally be made before aid is granted.

Comments 9.1. Free litigation and criminal cases
Subsection applies to both legal aid and criminal cases. Straight circuit in cases of the Court of Appeal is lagsognet cf. Justice Act § 16. The division of jurisdictions are subject to regulations on 16 December 2005 no. 1494 about judicial district and judge.
In cases where the accused under the Criminal Procedure Act are entitled to public defender, the costs to defend the work of the case always be covered by the public. However, it follows from § 9 first paragraph that the public will not be charged with additional expenses by the accused chooses a defender whose office outside jurisdiction. If the accused could choose such a defender and this involves additional expenses, he will as a rule even had to cover the lawyer's additional expenses for travel and absence. The assessment of what is extra expenses can not be covered, are discussed in Rt-1994-1160.
Provision provides in practice the accused a real option and does not entail a restriction on their right to free choice of defense. Reference is made to the European Convention of Human Rights. 6 subparagraph c, after which the accused shall be entitled to free legal assistance but not necessarily his choice. Please refer also to Rt-1994-1160.
Where adjudication / request for an extension of detention carried out by a court other than the one who has had custody issue for consideration, an application for revocation of residency caveat. For a more detailed assessment in such cases refer to Section 9.3 and Rt-1994-671.
It must nevertheless be assumed that the initial appointment is valid until the court at the new place has appointed a new defense attorney. Until a new appointment is taken, it must first defender could require the government covers the expenses that were necessary to safeguard the accused's interest.

If the victim chooses a counsel with offices outside the jurisdiction, he or she must cover the expenses. Exemption provision in the third paragraph can be used if there is a particular need for a lawyer with a particular gender or a lawyer with experience as counsel, and this is not found within the jurisdiction. Upon revocation of residency caveat on this basis it is normally assumed that the victim chooses the nearest lawyer of the desired sex or the nearest lawyer with experience as counsel.
9.2. Cases
It appears from the Legal Aid Act § 3, third paragraph, second sentence, that the applicant normally need to choose a lawyer in reasonable proximity of their domicile or residence. This also applies where free legal aid is provided without means testing.
If the lawyer is in doubt his office is so reasonably close, he will raise the issue with the county / county board before he provides assistance to the client. This significantly in the interests of the client, since domicile caveat implies that there may be additional costs for the client.
For large distances between lawyer and client is permitted to seek county repealing residence caveat, ref. Section 9.3.
9.3. Revocation of residency caveat
It stated to the fourth paragraph, the application for revocation of residence subject to be promoted before assistance is provided. In exceptional cases, fees determinable authority nevertheless revoke residency caveat after aid is granted. This presupposes that it can not be the lawyer to load the application has not been submitted at an earlier date.
In assessing whether residence caveat be suspended, the particular attention to the nature of the case, scope, difficulty and importance of the client. If nature of the case or other special circumstances warrant a particular need to use a lawyer close to the client's domicile / residence, this could be a factor in the assessment. This will eg. could be the case where jurisdiction is a different place than where the client living / staying.
It will when assessing also be significant if the lawyer previously had dealt with the case. The fact that the lawyer has previously assisted in connection with imprisonment, can not in itself considered sufficient grounds to revoke residency caveat on subsequent main proceedings in another jurisdiction. If change of counsel will be more expensive for the government than the revocation of residency caveat, the residence caveat repealed.
Neither case apparently serious nature and high sentencing will automatically give reason to dispense. Where in such cases present a confession or where case law is relatively clear, the case must generally considered barely unproblematic that there will be grounds to dispense. Reference is made to Rt-1997-467.
When a case is transferred to the page Superior Court, ref. Courts Act § 38, this would suggest a repeal. The same will apply in cases where it held legal proceedings before a court other than the one hearing the case. An example is that if it held taking of evidence by a court other than the one hearing the case, must the accused have a right to retain the original Defender also by the evidence. The same applies to the taking of evidence abroad.
In criminal cases must always consider whether it is possible to obtain a qualified local advocate who can provide assistance impartially in the matter. This is not always possible in districts with few lawyers. Especially in complex cases / appeals will be perceived as unreasonable that the accused / defendant has no real choice with regard to choice of counsel. This will be a factor that should be given considerable weight in assessing whether revocation of residency caveat. In serious criminal cases where the defendant has an automatic right to re-examination in the Court of Appeal both the question of guilt and sentencing, ref. Criminal Procedure § 321, third paragraph, there may be reason to repeal residency caveat thus the accused / defendant can choose defense counsel within lagsognet.
By the way, the size of the additional costs of a possible repeal given significant weight in assessing.
Ministry wishes to emphasize that the individual ultimately has the right and obligation to make an independent assessment of the issue of revocation of residency caveat. The fact that the residence caveat is waived in the lower instance, is however a factor to dispense also the appellate court.

§ 10. Processing Necessary rework that is actually conducted by defense counsel, the prosecutor, counsel, counsel or expert remunerated with up to two hours.
In exceptional circumstances may be granted compensation for finishing out of this.
The provisions of subsections does not apply in cases where the fee is determined by the unit price rates under unit price regulation.

This provision applies to both criminal and civil cases. It will primarily be relevant for lawyers, but may also apply to expert witnesses. This will eg. could be the case in children's and family issues where there is a need to review the report with the parties or assist with consultation or facilitation measures.
In the first paragraph are the fees deductible covered two hours required and actually performed finishing work (including consideration of the appeal and any issuance of the appeal declaration) in the individual case.
In most cases, after work not exceed 1-2 hours and captured then by the first paragraph. In larger and more complex cases will two hours not be sufficient for the defender can perform its duties under the Criminal Procedure Act § 313 in a satisfactory manner. In these cases must be given compensation by the second paragraph of the actually performed after work. The same will apply in major civil cases.
Bill for conducted follow-shipped right who have had hearing the case, cf. § 4.
In cases covered by unit price regulation is compensation for follow-incorporated unit price rate, ref. Unit price Regulation § 2, second paragraph, first and third sentences .

§ 11. Suspension or loss of hearing / assignment When cancellation policy or postponement of a court hearing or county commission meeting provided fees with three times the official fee rate per. Today for the first two days of the meeting's estimated duration.
By cancellation or postponement of a court hearing or county boards meet with estimated duration of more than two days, the fee entitled to special application granted compensation of twice the public fee rate per. day starting on day three, provided that they have as their main occupation to carry out missions as a lawyer, expert or interpreter, and can demonstrate that other missions can not take the place of the lapsed.
By cancellation or postponement of a court hearing or county boards meet with estimated duration of more than two weeks, the fees eligible for special application accorded discretionary compensation as of day three, provided that they have as their main occupation to carry out missions as a lawyer, expert or interpreter and can document that other missions can not enter into the place of the lapsed.
By postponed or canceled hearing or county boards meet lawyers and experts after an assessment accorded special allowance for necessary preparations for the meeting.
If a hearing or county commission meeting held, but the assignment lapses, the salærberettigedes allowance for the first two days equal remuneration for congress actual duration. For meetings with estimated duration of more than two days shall salærberettigedes compensation starting on day 3 is calculated in accordance with second to third paragraphs.
First, second, third and fifth paragraph only applies to delays, cancellations or loss happens three working days or less before the meeting first day.
This provision also applies in cases where the fee is determined by the unit price regulations, ref. Unit price Regulation § 2, second sentence.
The first paragraph is intended to provide a legal basis for a standard allowance to avoid having difficult considering whether the fees deductible actually suffer a loss at that hearing or county commission meeting canceled or postponed. Standard fee shall be both the minimum and maximum for the fees deductible shall be paid in such cases.
Allowance for second and third paragraphs applies only to those whose main occupation is to act as a lawyer, expert or interpreter. The rule means that people who take occasional assignments as an interpreter or expert is not entitled to compensation pursuant to these provisions. This will eg. be the case for students, housewives or employees whose main task is to perform other types of missions. It is a condition for compensation pursuant to these provisions that the fees deductible can prove that it has not been possible to fill the time fully with other work. If a lawyer has left the matter to his proxy, it must generally be assumed that the principal actually had the opportunity to fill the time with other work. Moreover, it must be assumed that the attorney in such cases can perform other tasks. If the fees deductible fills the conditions for reimbursement under subsection shall the fee be estimated. In the assessment should inter alia be taken of the time that is set aside for the hearing.
It is an absolute prerequisite for compensation pursuant to the first, second, third and fifth paragraphs that the cancellation / postponement / demise occurs three business days or less before the meeting first day. By working days means Monday to Friday.

If a hearing / county committee meeting being canceled, shall under subsection discretionary fee determination for the lawyer or expert preparatory work for this meeting. The assessment of the preparatory work in such cases must be in accordance with the standard in § 7. In cases where the meeting is postponed, it will depend on a concrete assessment of the preparatory work should be remunerated separately or included in the task of working in conjunction with the later meeting. Crucial will be about it on the basis of the reason for the postponement, the Grace length and / or subject matter scope / character is necessary wholly or partially to perform the preparatory work on new in conjunction with another meeting. Upon postponement of a court hearing in cases that are remunerated by unit price regulations, this assessment also determines whether any of the preparatory work can be covered in addition to the fee for a unit price regulations, cf. Regulations § 2, second paragraph, second sentence.

§ 12. Change of defender / lawyer / legal services shall normally be carried discretionary curtailment of the new defender's / lawyer / legal assistants pers fees.
The fee determinable authority shall by a change of counsel / attorney / legal counsel take the express reservation that the shift could lead to curtailment of the new Defender's / lawyer / legal aid's fees.

Comments Except for free legal matters and custody matters, the discretionary fee determination for both the lawyer / advocate who first accepted the commission and for the person who takes over the mission. This also applies to matters that would be compensated by the unit price rates, cf. Unit price Regulation § 3, second paragraph, first sentence.
Reduction of fees when changing lawyer / legal assistant in free legal aid cases and detention cases that are remunerated at a unit price regulated unit price Regulations § 3.
haircut according to § 12 first paragraph shall in principle correspond to the work carried out before the shift occurred . Here it must be exercised reasonably considered where among other things due attention up the extent and complexity. There should also be considerable emphasis on whether previously made change of attorney in the same case. Frequent change of attorney should indicate deduction equal to the work done before the shift occurred. Please refer to Rt-1994-1180.
Exceptions basically the full reduction can be done if the party is without fault in that he must shift lawyer, for example. the lawyer's illness or death. In criminal cases, it may also be given to the accused / defendant's grounds for changing defender. It will eg. be reason to make exceptions if the original defense was a real public defender and the accused / defendant now want to choose another defender.
It will usually be waived where the first lawyer with legitimate reasons must withdraw from the case without this being justified in the client relationship. Considerable work pressure is not considered legitimate reasons. Neither unscheduled leave or controlled liquidation of legal practice.
The solid defense attorneys at the court is not expected to be obliged to undertake defends positions where there are reservations about the fees curtailment.
For the fee fixing the authority to consider the issue of curtailment, obliged the fees deductible in connection with the submission of the task to advise on whether the case is taken over by another, and that previously paid fees cf. The comments section 5.2.

§ 13. Complaints and Appeals Decisions made by the courts in pursuance of these regulations may be appealed to the Superior Court under the provisions of the Legal Aid Act § 27, cf.. Criminal Procedure § 78, second paragraph. The deadline for appeal is one month.
Other salærfastsettelser and decisions pursuant to these regulations may be appealed to the Norwegian Civil Affairs under the rules of the Public Administration.

Comments 13.1. Courts salærfastsettelser
Disputes Act rules for appeal apply to the appeal of salærfastsettelser, ref. Aid Act § 27, second paragraph. This also applies salærfastsettelser case pursuant to § 78 subsection.
As it usually will not be any counterparty of such appeals, it is important that the appeals court will issue adequately lit from both the involved sides. It is therefore determined in the Legal Aid Act § 27 fourth paragraph that the court which has determined the allowance shall prepare the case for the appeals court and give such relevant facts necessary for the Court of Appeals.
Court of Appeal is the appellate court for decisions made by the Insurance Court, ref. Aid Act § 27 first paragraph, third sentence.
Basis for the calculation of the appeal deadline set out in the Legal Aid Act § 27 subsection.
13.2. other salærfastsettelser

The deadline for appeals is three weeks from receipt of notification of the decision, see. Administration Act § 29.

§ 14. Transitional provision regulations shall apply to all salærfastsettelser and other decisions made pursuant to the regulations made after the entry into force. Regulations §§ 8 and 9 shall not apply where work has commenced or appointment has been made prior to that date. Regulation § 2, first paragraph does not apply to interpreters for regulations on fees from the public to lawyers, etc. of 26 October 1992 no. 969 were entitled to the full rate. In these cases applied Regulation of 26 October 1992 no. 969 §§ 3, 7 and 8.

§ 15. Entry into force This regulation enters into force on 1 January 1998 is repealed by 26 October 1992 no. 969 on fees from the public to lawyers etc.