The Decree of the Ministry of Justice No. 177/1996 of the Collection

dated 4 July 1996 ,on commission and compensations of attorneys at law for provision of legal services (legal counsel tariff) , in wording of Decree no. 235/1997 of the Collection, dated 25 September 1997

The Ministry of Justice legislates as follows, in compliance with Article 22 para. 2, of the Act No. 85/1996 of the Collection, on legal counsel:

PART ONE - GENERAL PROVISIONS

Article1

1.Commission of attorney at law for provision of legal services (further referred to as "commission of attorney at law") is governed by contract with client (further referred to as "contractual commission"); if commission of attorney at law is not thus specified, it is governed by provisions of this Decree on extra-contractual commission.

2.In setting of expenses of proceeding warded to client in verdict of court of law or other authority the amount of commission as per provisions on extra-contractual commission is used; Article 12 para. 2 and 5 do not apply. Attorney at law is obliged to warn client of the fact in negotiating contractual commission.

3.Stipulation of paragraph 2, first clause governs setting of commission of attorney at law appointed by court of law.

Article2

1.Attorney at law is, besides commission of attorney at law, entitled to compensation of ready expenses and compensation of missed time under conditions and in amounts specified in this Decree.

2.Other expenses, namely expenses of regular administration of office are included in the commission of attorney at law.

PART TWO - COMMISSION OF ATTORNEY AT LAW SECTION ONE

Contractual commission
Article3

1.Contractual commission is result of agreement between attorney at law and client on amount for which legal service will be provided, or on manner of its definition.

2.Agreement on contractual commission is either part of contract forming grounds for provision of legal service or is negotiated separately.

Article4

1.If contractual commission is set separately according to billed time in hours or other time units (further referred to as "time commission"), the agreed amount of time commission is due for each commenced time unit, unless specified otherwise. Attorney at law is liable to present to client time specification of provision of legal services upon request.

2.If attorney at law provides rough advance estimate of total time commission in agreement the attorney at law must forewarn client of significant excess of the amount in writing; otherwise payment of the part in excess may not be requested.

Article5

If attorney at law is not providing legal services in the agreed extent, the attorney at law is entitled to corresponding portion of contractual commission, unless specified otherwise.

SECTION TWO

Extra-contractual commission

Article6

Amount of extra-contractual commission

1.Amount of extra-contractual commission is specified in accordance with extra-contractual commission for single act of legal service and the quantity of acts of legal service, conducted by attorney at law in given matter.

2.Commission of 10% of annual revenue from assets are due to attorney at law for administration of such assets, no less than CZK 1000 per year.

Article7

Tariff of extra-contractual commission

Amounts of extra-contractual commission per single act of legal service as set by tariff:

up to CZK 500	CZK 250
above CZK 500 to CZK 1,000	CZK 500
above CZK 1,000 to CZK 5,000	CZK 750
above CZK 5,000 to CZK 10,000	CZK 1,000
above CZK 10,000 to CZK 200,000	CZK 1,000
plus CZK 25 per each commenced CZK 1,000 in excess of	CZK 10,000
over CZK 200,000	CZK 5,750
plus CZK 25 per each commenced CZK 10,000 in excess of	CZK 200,000
over CZK 10,000,000	CZK 30,250
plus CZK 25 per each commenced CZK 100,000 in excess of	CZK 10,000,000.

Article8
Tariff value

1.Unless specified otherwise, tariff value is the value of item or right and appurtenances at time of commencement of act of legal service related to; the value of receivable as well as liability is considered value of right.

2.If legal service consists of recurring performance tariff value is set as sum of such performances; if the period of recurrence exceeds five years the value is five times the annual performance value.

3.If law requires joined processing of two or more matters the highest value is taken as the tariff value.

4.In effectuation of recurring performance only the value of due installments is decisive for tariff value.

5.In matters of cancellation and settlement of ratio-shared co-ownership the value of items minus share of client is taken if proposal is to ascribe such item to client or sell such item. If proposal is to ascribe such item to other co-owners the value of item after minus values of shares of other co-owners is taken. In case of proposal to divide item the whole price of item is taken.

6.In matters of settlement of joint co-ownership of spouses half of value of all items, receivables and liabilities subject to settlement is taken.

Article9

1.If value of item or right cannot be expressed in money or if assessable with significant difficulties only the amount of CZK 1,000 is used as tariff value unless specified otherwise.

2.In matters of custody of underage children, adoption, guardianship, eligibility to legal acts, matters of custody, declaration of deceased, and matters of claims of natural persons in field of social security, old pension or illness and general health insurance the value of CZK 500 is taken as tariff value.

3.The amount of CZK 10,000 is taken as tariff value in the following cases:

a.ascertaining of existence or legal relation or right, invalidity of legal act, with the exception of ascertaining of right to appraisable item or invalidity of legal act whose object is item or performance appraisable in money,
b.plaints against expression of will, unless object of legal act, origination, alteration or extinction of which is the aim of expression of will, is appraisable in money,
c.establishment or cancellation of factual burden and other rights and liabilities of factual burdens,
d.protection of personality, personal copyright, matters in compliance with act of law on periodical printed matter and other information means without proposal to compensate non-property damage,
e.rent of inhabitable space, buildings and land, if not financially reimbursed,
f.plaints and corrective measures against resolutions of administration authorities deliberated in compliance with Part Five of the Civil Judicial Order, with the exception of matters as per paragraph 2 below, and
g.constitutional complaints, with the exception of matters in compliance with paragraph 2 below.

1.In matters of protection of personality, personal copyright, in compliance with act of law on periodical printed matter and other information means with proposal to compensate property damage the value of CZK 30,000 is taken as the tariff value.

Article10

1.In cases of representation in proceeding of misconduct tariff value is CZK 1,000.

2.In legal defence in criminal proceeding in matters ruled by first level court of law in closed hearing tariff value is CZK 500.

3.In case of legal defence in criminal proceeding, in matters other than specified in paragraph 2 above, the following tariff values apply:

a.CZK 1,000 for criminal offence penalised according to law with imprisonment for up to one year,
b.CZK 10,000 for criminal offence penalised according to law with imprisonment from one year to five years,
c.CZK 30 000 for criminal offence penalized according to law with imprisonment from five years to ten years,
d.CZK 50 000 for criminal offence penalized according to law with imprisonment above ten years or exceptional penalty.

4.Legal decrease of penalization of juveniles does not apply to tariffs.

Article 11
Deeds of legal service

1.Attorney at law is entitled to extra-contractual commission for each of the following deeds of legal service:

a.acceptance and preparation of legal representation or defense on grounds of contract of provision of legal services,
b.first counsel to client including acceptance and preparation of legal representation or defense if legal representative or barrister is appointed by court of law,
c.subsequent counsel with client exceeding one hour,
d.written motion to court of law or other authority directly related to matter,
e.participation in investigation acts in preparatory proceeding, per each commenced two hours,
f.study of file upon conclusion of investigation, per each commenced two hours,
g.participation in act of administration or other authority, participation at proceeding before court of law or other authority, per each commenced two hours,
h.written elaboration of legal analysis of matter,
i.negotiation with counter-party, per each commenced two hours,
j.motion to impose preliminary measure if filed before commencement of proceeding, appeal against resolution on preliminary measure and statements to such,
k.appeal, challenge, motion to restore proceeding, complaint against resolution on restoration of proceeding and statements to such,
l.inducement to file complaint for breach of law and statement to complaint for breach of law,
m.written elaboration of document of legal deed.

2.Attorney at law is entitled to extra-contractual commission of one half for each of the following deeds of legal service:

a.motion to impose preliminary measure if filed after commencement of proceeding, motion to secure evidence or inheritance,
b.motion to correct reasoning of resolution, removal of effects of default and alteration of resolution imposing performance of future instalments or to instalment performance,
c.appeal against resolution if not directly related to mater, and statement to such appeal,
d.motions and complaints in matters ruled on in public hearing, statements to such, with the exception of appeal, motion to restore proceeding and inducement to file complaint for breach of law,
e.in case of effectuation of resolution, first counsel to client, including acceptance and preparation of legal representation, written elaboration of motion to initiate proceeding, statement to motion, representation in proceeding and written elaboration of appeal against resolution,
f.participation in proceeding where declaration is announced only.

3.Legal deeds not specified in paragraphs 1 and 2 above are rewarded with commission as deeds closest in nature and objective.

Article12

Increase or decrease of extra-contractual commission

1.In case of legal deeds of exceptional difficulty, namely requiring use of foreign law or foreign language, or legal deeds exceptionally demanding in time, attorney at law may increase extra-contractual commission up to three times.

2.Attorney at law may decrease extra-contractual commission by as much as one half.

3.In joined processing of two or more matters that is not required by law, the extra-contractual commission of the matter with highest commission is increased by half of extra-contractual commission that would otherwise be applied in other joined matters.

4.If regarded are joined legal deeds in representation or defense of to or more persons or defense in criminal proceeding of criminal offences committed in concurrence attorney at law is entitled to extra-contractual commission for each prosecuted offence decreased by 20 %.

5.If the Czech Advocacy Chamber appoints attorney at law to person that cannot afford provision of legal service and social circumstances of such person justify, the Czech Advocacy Chamber may specify in conditions of provision of legal service that extra-contractual commission is decreased or services provided free of charge.

PART THREE - COMPENSATION OF READY EXPENSES AND COMPENSATION OF MISSED TIME

Article 13

Compensation of ready expenses

1.Attorney at law is entitled to compensation of ready expenses effectively spent in relation to provision of legal service, namely to court fees and other duties, traveling expenses, telecommunication charges, expert reports and statements, translations, transcripts and photocopies.

2.Attorney at law may agree with client of appropriate flat payment as compensation for all or some ready expenses whose expounding is expected in relation to provision of legal service. Client in such case may not require specification of such ready expenses and attorney at law may not request compensation of ready expenses included in such flat payment.

3.Unless attorney at law agrees with client on another flat payment amount as compensation for domestic postage, local telephone calls and transportation expenses, amount of CZK 75 is charged per single deed of legal service.

4.Unless specified otherwise, compensation of traveling expenses is governed by legal regulations on compensation of traveling expenses.1

Article 14

Compensation of missed time

1.Attorney at law is entitled to time missed in relation to provision of legal service.

a.in deeds conducted at locations that are not seat or residence of attorney at law, for time spent en route to and form such place,
b.for time missed as result of delay in commencement of proceeding before court of law or other authority if such delay exceeds 30 minutes.

2.Attorney at law is entitled to compensation for time missed in relation to provision of legal service in amount equal to half of extra-contractual commission for participation in proceeding adjourned without processing of matter, and for attendance of proceeding cancelled without notification to attorney at law if reasons for adjournment or cancellation of proceeding rest on the side of client of attorney at law if such reasons had been known to client two days previous to the date of proceeding attorney at law is entitled to compensation equal to one quarter of extra-contractual commission.

3.Unless specified otherwise, compensation as per paragraph 1 above is CZK 50 per each commenced half-hour.

PART FOUR - TEMPORARY AND TERMINAL PROVISIONS

Article 15

Attorney at law or commercial lawyer is entitled to commission for legal services provided before effectuation of this Decree in compliance with current regulations.

Article 15a*

Extra-contractual commission for deeds of legal services provided by attorney at law appointed as barrister in criminal proceeding after 1 October 1997 is decreased by 10%.

Article 16

Decree of the Ministry of Justice of the Czech Republic No. 270/ /1990 of the Collection, on commissions pf attorneys at law and commercial lawyers for provision of legal services, in wording of Decree No. 573/1990 of the Collection, is cancelled.

Article 17

This Decree comes into force on 1 July 1996.

Minister: Novák, LLD, personally

Footnotes: Act No. 119/1992 of the Collection, on travelling expenses, in wording of Act No. 44/1994 of the Collection

*) Article 15a came into force on 1 October 1997.

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