When you need legal help, one of the first questions is how much it will cost. The answer can often be found in the so-called lawyer’s fee schedule, which sets out the rules for calculating the lawyer’s fee unless the client contracts with the lawyer on a cost-plus basis. In this article, we will clearly explain what the lawyer’s tariff is and how the lawyer’s fee is calculated according to it.
The Lawyer’s Tariff is a legal regulation, or decree, which sets the amount of the lawyer’s remuneration and reimbursement of his/her expenses. It applies whenever no contractual fee is agreed between the client and the lawyer. Typically, this occurs in cases where the court decides on compensation for the costs of the proceedings – i.e. when one party has to pay the other party’s legal expenses.
Simply put, the Lawyer’s Tariff tells how much the lawyer will be paid for certain acts, either directly from the client (unless they have agreed on a price contractually) or from the opposing party in the litigation.
A big advantage of working with an Affordable Lawyer is that you can order specific legal services at a predetermined price. Unlike traditional fee schedule billing, you already know exactly how much the legal assistance will cost when you order it; we do not charge any hidden items. This eliminates the complicated calculation according to the decree and gives you a clear overview of your costs right at the beginning of the cooperation.
When working with an attorney, you may encounter several types of fees:
How it works in practice: if you agree on a contractual hourly rate of CZK 3,000, the lawyer will charge you for every hour you spend. However, if there is no agreement, the lawyer’s tariff applies, where the rate is different and depends on the value of the dispute.
Whether you are dealing with family, employment, property or business matters, our experienced attorneys will provide you with fast, clear and practical legal assistance. We will explain your options, suggest solutions and stand by you every step of the way – from the initial enquiry through to court proceedings. What’s more, with clearly defined services, you’ll actually pay more than you actually pay.
The basis for the calculation is the so-called tariff value, which is usually the value of the subject matter of the dispute (e.g. the amount sued). The basic rate per legal service is determined according to this value.
The fee for one act of legal service according to the amount in dispute:
An act of legal service is typically: taking over and preparing representation, drafting a statement of claim, attending court hearings, appeals, statements of claim, etc.
Thus, if an attorney drafts a lawsuit on behalf of a client and attends two court hearings in a dispute for CZK 200,000, his fee according to the tariff will be 3 × CZK 9,100 = CZK 27,300 + flat-rate compensation and any VAT.
If the client asks whether he has to pay the lawyer even if he loses the dispute, the answer is yes – in such a case he usually pays not only his lawyer but also the costs of the opposing party.
Another frequent question concerns whether a lawyer can charge a higher rate than the lawyer’s tariff. This is also possible, but only if the client and the lawyer have contractually agreed on it. In fact, the tariff itself applies only if the contractual fee is missing.
On the other hand, if the client succeeds in the dispute, the opposing party usually pays his lawyer’s fees, as the court will order him to pay the costs of the proceedings, including the tariff fee.
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If the value of a thing or right cannot be expressed in money or would be possible only with unreasonable difficulty, the tariff value is deemed to be CZK 30,000 (unless otherwise specified).
In specific proceedings, such as proceedings for the custody of minors, adoption, support measures, self-capacity, incapacity and death, orders for interference with integrity, proceedings for taking over or keeping in a medical institution, guardianship proceedings and maintenance of adult children, the tariff value shall be CZK 10 000.
For example, CZK 65,000 for the determination of the existence or invalidity of a legal act, if the subject matter of the dispute is invaluable in monetary terms, for the establishment or cancellation of an easement or a building right, for personality rights, protection of personal data or intellectual property without a claim for compensation for non-pecuniary damage, or for leases of non-residential premises, buildings and land, if no monetary compensation is involved.
A higher tariff value, namely CZK 113,000, is used in more complex cases, for example, when determining the existence or invalidity of a legal act concerning a commercial establishment, real estate or industrial property rights, or in proceedings concerning trusts, companies and legal entities, or in insolvency proceedings.
For disputes under the Administrative Procedure Code (e.g. actions or cassation complaints), the tariff value is set at CZK 88,000, and even CZK 128,000 for constitutional complaints. However, the exceptions are custody cases, court care of minors and adoptions, where the tariff value is CZK 30,000 even in the case of a constitutional complaint.
Finally, in the performance of the function of the appointed guardian in matters of support measures, self-capacity, incapacity and death, in the decision on the intervention in the integrity, in the proceedings on the admission to a medical institution or in the dissolution and liquidation of a legal person, the tariff value is set at CZK 5,000.
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The Lawyer’s Tariff is a decree that sets the lawyer’s fee and reimbursement of his expenses in cases where there is no contractual price. The basis for the calculation is the so-called tariff value (typically the value of the dispute), from which the rate for one act of legal service, such as drafting a claim or appearing in court, is based. Fees range from CZK 300 for small cases to CZK 48,300 or more for disputes over CZK 10 million, plus fixed expenses and VAT, if applicable. If the value of the case is not expressible in monetary terms, special amounts are used (e.g. the client may also conclude a fee agreement with the lawyer – most often an hourly rate, a flat fee or a success fee. In the event of success in a dispute, the opposing party usually pays the fee; if the client loses, he pays not only his lawyer but also the opposing party’s costs. In addition, the lawyer is entitled to reimbursement of his or her expenses (a flat rate of CZK 300 per act, travel expenses, etc.). An affordable lawyer, on the other hand, offers clearly fixed prices in advance so that the client knows the costs without a complicated calculation according to the tariff.
The Advocate’s Tariff is a decree which sets the amount of the advocate’s fee and the compensation of his/her out-of-pocket expenses in cases where the client and the advocate have not agreed on the price contractually. It is typically applied when the court decides on the costs of proceedings.
The contractual fee is determined by agreement between the client and the attorney – it may be hourly, flat-rate or share-based. The non-contractual (tariff) fee, on the other hand, is calculated according to the lawyer’s tariff on the basis of the so-called tariff value of the dispute.
The basis is the tariff value, usually the amount sued or the subject matter of the dispute. It is used to set the rate for one act of legal service, for example, for drafting a statement of claim or attending a court hearing.
Yes, the client always pays for their lawyer. If he or she is unsuccessful in the dispute, he or she usually has to pay the costs of the other party, including the legal representation.
In addition to the fee itself, the attorney is entitled to compensation for his/her expenses – a flat rate of CZK 300 per legal service act, travel expenses, missed time or postage.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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