Remuneration for services

Under Act No. 586/2003 Coll. concerning the Bar, members of the Bar provide legal services and have the right to claim a reasonable advance payment. In addition to remuneration, members of the Bar are also entitled to compensation for cash expenditures and for loss of time. Cash expenditures are purposeful and demonstrable expenses related to provision of legal services such as court and other fees and charges, travel expenses, telecommunication expenses, expenses for expert opinions, translations, transcripts of or excerpts from public registers.

Remuneration of the lawyer is agreed upon between the lawyer and the client (contractual remuneration); if there is no agreement, the lawyer is entitled to a tariff pay in line with the decree of the Ministry of Justice SR No. 655/2004 Coll. of 10 November 2004 concerning remuneration and compensation for members of the Bar for provision of services.

Under the above ministerial decree contractual remuneration is set as follows:

  • a) By hours purposefully spent on handling a matter (hourly fee),
  • b) As a flat rate (flat rate),
  • c) As a share in value of the matter (contingent fee),
  • d) Tariff fee agreed upon in another way than the basic rate of a tariff fee
The contractual remuneration may be set as a combination of the various ways.

Hourly fee
An hourly fee may be agreed upon as number of hours needed to provide a legal service. The lawyer shall submit a time-specification for the provided service to the client upon request.

Flat fee
A flat fee may be agreed upon either for provision of legal services at a certain time period (or for unlimited time) or for complete handling of a matter (set of matters).

Contingent fee
A contingent fee may be agreed upon as a share in value of a matter handled before court or another authority if the outcome of the proceedings, given the circumstances, is rather uncertain, and the client was instructed about that fact by the lawyer. The maximum contingent fee must not exceed 20% of the value of the matter of the proceedings before a court or another authority.

Tariff fee
The basic tariff for a tariff fee is set in dependence on the tariff value of the matter or kind of matter or right and on the number of legal service acts performed by the lawyer in the case.

Under the provisions of § 15 of the above decree, in addition to remuneration, the lawyer is also entitled to:

  • a) Compensation for cash expenditures purposefully and demonstrably incurred in relation to provision of legal services, especially for court and other fees, travel and telecommunication expenditures, and expenditures on expert opinions, translations and transcripts
  • b) Compensation for loss of time (§ 17)