LAWYERS' TARIFF OF THE BAR ASSOCIATION OF MONTENEGRO
(Revised text – »Official Gazette of the Republic of Montenegro«,number12/2005, »Official Gazette of Montenegro«,number 45/2008, »Official Gazette of Montenegro« number 11/2015)
I. GENERAL PROVISIONS
Article 1
This Tariff establishes the fee and reimbursements of expenses for lawyers’ work.
The amount of feeshall be determined subject to the type of proceedings and type of action taken.
A lawyer shall be entitled to a fee and reimbursement of expenses for the actions performed pursuant to a Power of Attorney, a decision by a competent authority and based on an oral or written order of the Client.
The Client and the competent authority shall pay the lawyer both the fee and reimbursement of expenses determined in a manner stipulated by this Tariff.
The client shall pay the lawyer both the fee and reimbursement of expenses determined by this Tariff regardless to the success in a litigation, unless agreed otherwise between the client and the lawyer.
Competent courts and state public authorities shall apply this tariff in their proceedings and recognize and calculate the fee and reimbursement of expenses stipulated by this tariff.
The lawyer is entitled to the fee laid down by this tariff and for working out of the registered office of the Law firm, notwithstanding any other lawyers having their registered offices in the place of conducting activities.
Article 2
When rendering legal assistance in a foreign country, the lawyer may charge the fee and reimbursement of expenses in accordance with this Tariff, or in accordance with the lawyers’ tariff of the respective country.
When rendering legal assistance to foreign legal entities or natural persons, the lawyer may apply this Tariff or the tariff effective in the client’s country of domicile or the tariff of the country the proceedings is conducted in.
Article 3
In addition to the lawyer’s fee determined by tariff numbers of this Tariff, the lawyer and the client may agree to receive a lump sum fee, the percentage – wise fee and the hourly rate fee which may not be less than EUR 75 per each started hour.
When ruling on the setting out and calculating the amount of fee and reimbursement of lawyers’ expenses to the party that succeeded in the proceedings, the courts of law or other state authorities shall not be bound to apply the agreement on the amount of lump sum fee or the agreement on fees on hourly rate, or foreign lawyers’ tariff, but to calculate the fee and costs of the proceedings according to this Tariff.
Article 4
The lawyer may agree with the client to receive a fee for his/her work lower than the amount prescribed by the tariff numbers of this Tariff, but not less than 50 % of the full amount determined by individual tariff number of this Tariff for each respective action.
The lawyer may agree with the client to receive a fee exceeding the amount prescribed by the tariff numbers of this Tariff, but not more than five times the amount prescribed by tariff numbers for each respective action.
II. REIMBURSEMENT OF EXPENSES
Article 5
The lawyer is entitled to reimbursement of actual expenses incurred in the course of work (for travel and accommodation expenses, postal services, photocopying of acts and documents, etc.).
The courts of law and state authorities shall recognize and calculate the reimbursement of expenses to a lawyer, which he/she may prove by documentary evidence, in accordance with this Tariff.
The lawyer who has the status of VAT taxpayer is entitled to include the amount of the relevant value added tax in the calculation of the fee and expenses.
The Lawyers’ Tariff presents the amounts related to the fees for lawyers’ work presented in EUR, without the calculated VAT, which will be additionally calculated on each amount determined or calculated under this Lawyers’ tariff, for lawyers who are VAT taxpayers.
The courts of law and the state authorities shall recognize and calculate the value added tax on the fees and reimbursement of expenses determined by this Tariff to a lawyer who is the VAT taxpayer who, in the proceedings, submits the decision of the competent authority that he/she is the VAT taxpayer.
Article 6
For the work performed outside the place of the Law Firm registered office, the lawyer is entitled to reimbursement of travel and accommodation expenses and per diem allowance.
The lawyer is entitled to reimbursement of expenses:
1)For regional travel in the amount of public transportation costs, and in case of the air transportation in the amount of a return plane ticket;
2)For the use of personal vehicle in the amount equal to 30 % of the price of the highest quality gasoline per kilometre travelled.
3)For accommodation in the amount equal to hotel accommodation price, except for five star and higher rated hotels.
The lawyer is entitled to a per diem allowance in the amount of EUR 30.00 for business trip within the country, to a place which is minimum 30km away from the place of a registered office.
The lawyer is entitled to the expenses and per diem allowance referred to in paragraphs 1, 2 and 3 of this Article regardless to the fact if there are any other lawyers having their registered offices in a place where he/she is taking actions.
iii. COLLECTION
Article 7
The fee is collected as a rule after the service has been rendered, for each individual action, but the lawyer may agree with the client that a part or the entire amount of the fee and expenses is paid in advance.
The lawyer is entitled to request and receive in advance the monies from the client as security for future fees and expenses incurred in the course of representation, from which the lawyer may charge the rendered lawyer’s services in the amounts determined by this Tariff, or in the amount determined by the agreement with the client.
Article 8
The amount of fee and reimbursement of expenses for the lawyers’ work shall be set pursuant to the effective lawyers’ tariff at the time of calculation.
If collection is not executed at the time of calculation, the fees and expenses shall be set according to the lawyers’ tariff effective at the time of their collection.
IV. FEE FOR THE LAWYERS’ WORK
1. Criminal proceedings
Defence of the accused
Tariff number 1
For the defence of the accused in the preliminary proceeding, pre-investigation, main hearing, procedure on legal remedies and other proceedings laid down by the Criminal Proceedings Code, a lawyer shall be entitled to the fee depending on the type and amount of the threatened penalty for criminal acts, such as:
1) / For monetary fine and imprisonment / Up to 3years / 100 / €2) / For imprisonment / From 3to 5years / 150 / €
3) / For imprisonment / from 5 to 10years / 200 / €
4) / For imprisonment / more than 10years / 250 / €
For process actions failed to be held a lawyer shall be entitled to 50 % of the fee amount referred to in paragraph 1 of this tariff number.
For accessing for the purposes of receiving the decision on detention, if not present at the hearing of the accused, a lawyer shall be entitled to 50% of the fee amount referred to in paragraph 1 of this tariff number.
If the accused is suspected of more than one criminal actions, during the period of such process situation, a lawyer shall be entitled to the fee stipulated by paragraph 1 and paragraph 2 of this tariff number, increased by 50 % for each second and next criminal action taken, calculated according to the act threatened by the most serious penalty.
If during the proceeding it came to the amendments of legal qualification of the criminal act, a lawyer shall be entitled to the fee referred to in this tariff number according to the legal qualification existing at the time of taking the action.
Representation of the injured party, private prosecutor and the injured as the prosecutor
Tariff number 2
For the representation of a private prosecutor, the injured and the injured as prosecutor, a lawyer shall be entitled to the fee in the amount referred to in tariff number 1 of this Tariff.
Preparation of submissions
Tariff number 3
For the preparation of criminal charges, private complaints, and request for carrying out the investigation, indictment and information of the injured as prosecutor, motion and all other reasoned submissions, a lawyer shall be entitled to the fee referred to in tariff number 1 of this Tariff.
For the preparation of unreasoned submissions, a lawyer shall be entitled to 50% fee referred to in paragraph 1 of this tariff number.
Legal remedies
Tariff number 4
For the preparation of regular and extraordinary legal remedies, replies to the same, motions for raising the claims for protection of legality, request for amnesty, request for conditional discharge and similar, a lawyer shall be entitled to the fee in the amount double than the fee referred to in tariff number 1.
A lawyer shall be entitled to the fee in the amount double than the one referred to in tariff number 1 in case of filing the request for establishing the procedure costs to the investigation judge, as well as the complaints against the decision on the costs of the procedure for the investigation judge and panel of judges.
2. OTHER PROCEDURES
Preparation of submissions in assessable matters
Tariff number 5
For the preparation of claim, counterclaim, proposal, petition, request and other submissions to initiate the proceedings, and for the preparation of any other submission during the proceedings before the competent court, competent public receiver, state and local administrative authorities, military authorities, misdemeanour authorities, authorities competent for conciliation, mediation and peaceful dispute resolution, arbitrage, legal entities and natural persons, private and public institutions, funds, public enterprises, non- governmental and social organizations and other forms of association whose party abilities are recognized by the law, in assessable matters, a lawyer shall be entitled to the fee according to the dispute value, for each action taken as follows:
1) / Up to 5.000 € / 100 / €2) / from 5.000 € to 10.000 € / 125 / €
3) / from10.000 € to25.000 € / 150 / €
4) / from25.000 € to 50.000 € / 200 / €
5) / from 50.000 € to 100.000 € / 250 / €
6) / from100.000 € to 200.000 € / 300 / €
7) / from200.000 € to 300.000 € / 350 / €
8) / from300.000 € to 400.000 € / 400 / €
9) / from400.000 € to 500.000 € / 450 / €
10) / from500.000 € to 600.000 € / 500 / €
11) / from600.000 € to 700.000 € / 550 / €
12) / from700.000 € to 800.000 € / 600 / €
13) / from800.000 € to 900.000 € / 650 / €
14) / from900.000 € to 1.000.000 € / 700 / €
In the assessable matters, for the preparation of claims, counterclaim, proposal, petition, request and other submissions to initiate the proceedings and also for the preparation of any other submission during the period of procedure, for the amounts exceeding EUR 1.000.000 the fee shall be increased by EUR 50 for each EUR 100.000, but the fee for individual submission or action may not be higher than EUR 2.700, whereat the fee stipulated by this tariff number may increase pursuant to the provisions stipulated in other tariff numbers of this Tariff.
In assessable matters before the Administrative and Constitutional court, a lawyer shall be entitled to the fee referred to in this tariff number, and anyway not less than the fee prescribed for the respective procedures by tariff number 6.
Preparation of submissions in other matters
Tariff number 6
For the preparation of submissions referred to in tariff number 5, in not-assessable matters, a lawyer shall be entitled to the following fee:
1) / In the litigations related to property and other civil and legal relations of natural persons and legal entities, for trespassing, on the right of easement and other actual rights / 150 / €2) / In litigations related to divorce and cancellation of the marriage, on legal execution, custody of juvenile children, contesting or establishing fatherhood and motherhood and in related cases / 125 / €
3) / In mediation procedures, before the court of honour, at chambers of commerce, before the selected court, arbitrage or other similar proceedings / 125 / €
4) / In the procedures of entry into the Companies Register at the competent authority and in disputes regarding the entry into the above Register / 200 / €
5) / In the procedures of entering into the court or any other register / 125 / €
6) / In disputes related to entering into the court or any other register / 150 / €
7) / In the proceedings before the Constitutional court / 250 / €
8) / In the administrative procedure and administrative dispute / 200 / €
9) / In the proceedings on commercial offences / 100 / €
10) / In infringement procedures / 100 / €
11) / - in labour procedures conducted at the Employer, in disputes incurred from labour, residential and lease relations / 125 / €
12) / In procedures of obtaining and protecting the copyrights and all related rights and the industrial property rights / 250 / €
13) / In all other procedures / 150 / €
Other submissions
Tariff number 7
For the preparation of replies to the submissions referred to in tariff numbers 5 and 6, objections and other reasoned submissions or other submissions containing the factual statements, a lawyer shall be entitled to the fee referred to in tariff number 5 or tariff number 6.
For the preparation of other submissions, a lawyer shall be entitled to 50% of the amount of fee referred to in tariff number 5 or tariff number 6.
If the submissions referred to in tariff numbers 5 and 6 include more claims, a lawyer shall be entitled to a full amount of the fee, increased by 50% for the second and any further claim.
If by way of single submission a lawyer takes several separately tariffed actions, he/she shall be entitled to a full amount of the fee, which will be increased by 50% of the fee amount for each successive action.
Representation at hearings
Tariff number 8
For the representation at hearings, a lawyer shall be entitled to:
1)For each hearing, an equal amount of the fee also payable for submissions referred to in tariff numbers 5,6 or 7.
2)For each hearing adjourned by a decision of the court or the proceeding authority of not holding the hearing, 50 % of the fee referred to in the previous item of this tariff number;
3) for each adjourned hearing when a lawyer was not notified about the adjournment until the date of holding the hearing, 50% of the fee referred to in paragraph 1 item 1 of this tariff number.
The fee referred to in this tariff number shall also be payable to a lawyer for attending the expert evaluations, investigation, dispute before the second-instance authorities and all other actions of the court or any other proceeding authority that are held in or out of the premises of the court or other proceeding authority, in all proceedings the Lawyers’ tariff applies to.
Legal remedies
Tariff number 9
For the preparation of regular and extraordinary legal remedies, replies to the same and motions for raising extraordinary legal remedies, a lawyer shall be entitled to a double amount of the fee prescribed by tariff numbers 5, 6 or 7.
3. PREPARATION OF DOCUMENTS
Tariff number 10
For preparation of documents on entering into legal and other transactions, preparation of contracts and statements of the will, general and individual acts at the commercial entities, state authorities and other legal entities, a lawyer shall be entitled to the fee referred to in tariff numbers 1, 5, 6 or 7 of this Tariff, subject to the type of the act and if the matter is assessable or non-assessable one.
4. COMMON PROVISIONS
Defence and representation of multiple persons
Tariff number 11
When initiating the procedure, representing or defending two or more persons, that is, if the opposed parties are multiple persons regardless of being one or more parties in process terms, a lawyer shall be entitled to the fee prescribed by this tariff, increased by 50% for each second or any further person.
Legal advices
Tariff number 12
For the provision of oral legal advice, a lawyer shall be entitled to 50% of the fee referred to in tariff numbers 1, 5, 6 or 7.
For the provision of written legal advice, a lawyer shall be entitled to the fee referred to in tariff numbers 1, 5, 6 or 7.
Reviewing of records and attendance at meetings
Tariff number 13
A lawyer shall be entitled to:
1)For talking to the accused in custody or in prison, the fee stipulated by tariff numbers1, 5, 6or 7.
2)For examination and reviewing of records, the fee stipulated by tariff numbers 1, 5, 6or 7.
3)For examining public books, taking extracts or transcripts of the same, for obtaining the certificate of finality or enforceability, the fee in the amount of 20% of the fee referred to in tariff numbers 1, 5, 6or 7.
4)For attending the meetings on discussing the factual or legal matters related to the case where the lawyer proceeds, 50 % of the fee referred to in tariff numbers1, 5, 6or 7.
Hourly rate
Tariff number 14
If process or any other action lasts for more than one hour, a lawyer shall be entitled to 25% of the prescribed fee extra, for each started hour.
Requests, letters and notices
Tariff number 15
For the preparation of requests, letters and notices asking the state authorities, legal entities or natural persons to perform an action or refrain from performing the same, or asking for explanations, evidence, reports and other data, a lawyer shall be entitled to 50% of the fee referred to in tariff numbers 1, 5, 6 or 7.
Absence from the office
Tariff number 16
If rendering services in a place which is more than 10km away from the office, a lawyer shall be entitled to the fee in the amount of 15,00 € for each started hour of absence from the office, but not more than 8 hours a day.
Other increases of the fee
Tariff number 17
The total calculated fee for lawyer’s work shall increase:
-100% for mandatory night work (between 22:00 and 06:00 of the next day),
-100% for mandatory work on Saturday, Sunday and during state and religious holidays.
Tariff number 18
A lawyer shall be entitled to a lump sum amount for additional actions in the amount of 25% of total calculated fee amount under this tariff.
The amount of fee referred to in previous tariff numbers is stated with calculated lump sum amount referred to in this tariff number.
Article 8a
Following the request of a lawyer, courts or other state authorities, the Steering Committee of the Bar Association shall provide the interpretation of this Tariff, which will be mandatory in enforcing it.
V. FINAL PROVISION
Article 9
This Tariff shall come into force on the eight day following its publication in the “Official Gazette of Montenegro”.
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BAR ASSOCIATION OF MONTENEGRO
TABULAR OVERVIEW OF THE TARIFF
ON FEES AND REIMBURSEMENT OF EXPENSES FOR LAWYERS’ WORK IN MONTENEGRO
The amounts in the table are stated in EURO, without the value added tax, which shall be additionally calculated for each amount from the Tabular overview of the Lawyers’ Tariff.