Fee based on time spent
Tariff Item No. 38
Unless individual provisions of the Tariff under which particular work is remunerated according to time spent provide otherwise, the fee for each hour spent shall be 25 points.
Tariff Item No. 39
For waiting for a hearing or during the court's deliberation, for absence from the office during travel and the like, the attorney shall be entitled to reimbursement of 25 points for each commenced hour, but not more than 7 hours per day.
Representation of multiple persons
Tariff Item No. 40
1. Where an attorney defends or represents several persons in the same proceedings, the attorney shall be entitled to increase the tariff rates by 10% for the second and each subsequent person, provided that the total increase may not exceed 50%.
The amount of the increased fee shall be divided into equal parts according to the number of persons defended or represented.
2. Where there is an obvious disproportion in the defence or representation of one party in relation to other parties in the proceedings represented or defended by the same attorney, the attorney may agree with the parties on another method of calculating costs.
Increasing and reducing tariff rates
Tariff Item No. 41
1. For especially advanced professional and specialist knowledge required by the matter handled, particular complexity of the matter or special responsibility for the work performed, tariff rates may be increased by 100%.
Special professional expertise and specialist knowledge shall be recognised in particular in complex disputes or proceedings or special types of contracts, where knowledge or study of foreign law or legal literature is required, or study or consideration of professional issues in the fields of engineering, chemistry, technology, natural and physical sciences, medicine, sport, social sciences, use of a foreign language, and the like.
2. Taking into account all circumstances of the work performed and the benefits obtained by the client, the attorney may reduce individual tariff rates by 50%.
Special arrangements for attorneys' fees
Tariff Item No. 42
An attorney may agree to provide legal assistance to a legal entity or a person carrying on an independent activity for a flat fee, except for representation before courts and other judicial authorities, state administration authorities and other state bodies, bodies of local and regional self-government units and legal entities vested with public authority.
An agreement on the provision of legal assistance for a flat fee shall be concluded in writing and may exclusively concern oral and written legal opinions and consultations, review of contracts already drafted, and participation in meetings and conferences with the client.
The attorney must report the agreement to the Croatian Bar Association.
Tariff Item No. 43
An attorney and the client may agree on the amount of the fee for the attorney's work. The agreement shall be valid only if concluded in writing. The agreement shall not bind the court when awarding costs to the successful party.
In all legal matters, attorneys may agree in writing with the client on an hourly fee for their work, in which case they shall not be bound by Tariff Item No. 38.
In property-law matters, attorneys may agree in writing with the client on a fee for their work proportionate to the success achieved in the proceedings or legal actions which they undertake for the client. The upper limit of the agreed percentage may not exceed 30% of the total success achieved. The basis for calculating the fee shall be the sum of the principal and interest, while awarded representation costs belong to the attorney, who may charge them to the client only if such costs have been awarded and have fallen due for payment or have been collected.
Tariff Item No. 44
For providing legal assistance abroad to a Croatian citizen or Croatian legal entity, the attorney may claim reimbursement of costs and a fee according to the tariff applicable in the country in which the attorney represented the client, even where such representation was performed in writing.
Tariff Item No. 45
In matters without an assessable value which are not provided for by the tariff provisions of the Tariff (e.g. declaratory actions), and where the value of the subject matter of the dispute cannot be determined in another manner, the attorney shall be entitled, for each action undertaken, to a fee as follows:
1. In proceedings before a municipal court and authorities of the same level: 100 points.
2. In proceedings before county and commercial courts and authorities of the same level: 200 points.
3. In proceedings before the Supreme Court of the Republic of Croatia and authorities of the same level: 500 points.
Tariff Item No. 46
For all services performed, the attorney shall calculate the applicable value added tax in accordance with the tax regulations in force.
Tariff Item No. 47
Assessment and recovery of costs from the opposing party shall not affect the calculation of costs between the attorney and the client for the work performed and expenses related to the work performed.
At the client's request, the attorney shall prepare a written calculation of the fee and reimbursement for work performed and out-of-pocket expenses, with presentation of the Tariff.
An attorney appointed by the Croatian Bar Association as authorised representative of a party pursuant to the provisions on free legal assistance to socially disadvantaged persons and victims of the Homeland War shall not be entitled to a fee, except in cases determined by the Code of Attorneys' Ethics.