What is the attorney’s fee according to the attorney fee schedule?

Attorney Fee Schedule

• If a client agrees on a fee with an attorney, the contractual fee takes precedence.
• In the absence of an agreement, the non-contractual fee is calculated according to the attorney fee schedule.
• The amount of the fee depends on the fee schedule rate and the number of services performed.
• A flat-rate reimbursement of 450 CZK for out-of-pocket expenses is generally added for each service.
• The reimbursement of costs awarded by the court may not cover the full amount the client actually paid to their attorney.

Do you need a lawyer’s help? With us, you’ll know exactly how much you’ll pay! Contact us, and we’ll take care of the rest.

What Is the Attorney’s Fee Schedule?

The Attorney’s Fee Schedule is a decree issued by the Ministry of Justice regarding attorneys’ fees and reimbursements for the provision of legal services. It governs both contractual and non-contractual fees, reimbursement of out-of-pocket expenses, and compensation for time spent. Non-contractual fees apply primarily when a lawyer has not agreed on the fee amount with the client, or when a court decides on the reimbursement of legal representation costs.

Simply put: The Attorney Fee Schedule specifies how much an attorney will be paid for certain services, whether directly from the client (if the price was not agreed upon contractually) or from the opposing party in a legal dispute.

A major advantage of working with Dostupný advokát is that you can order specific legal services at a predetermined price. Unlike traditional billing based on the fee schedule, you know exactly how much the legal assistance will cost you right when you place your order—we don’t charge any hidden fees. This eliminates the need for complicated calculations based on the regulations and gives you a clear overview of your costs right from the start of our collaboration.

There Are Several Types of Attorney Fees

When working with a lawyer, you may encounter several types of compensation:

1. Contractual fee —the most common method. You can agree on an hourly rate, a flat fee, or a “success fee” (a percentage-based fee contingent on the outcome of the case).
2. Non-contractual fee (based on the attorney fee schedule) – this is based directly on the attorney fee schedule and is calculated according to the so-called “fee schedule value” of the dispute or subject matter of the proceedings.
3. Reimbursement of Expenses and Lost Time – in addition to the fee, a lawyer may request a flat-rate reimbursement of out-of-pocket expenses, which is typically 450 CZK per legal service provided. Travel expenses, compensation for time lost, or other reasonably incurred costs may also be added.

How it works in practice: If a lawyer takes on a case, drafts a complaint, and attends one court hearing in a dispute involving 200,000 CZK, this generally constitutes three full legal service acts. The basic non-contractual fee may amount to 3 × 9,100 CZK, or 27,300 CZK. Added to this is a lump-sum reimbursement for out-of-pocket expenses, typically 3 × 450 CZK, plus VAT and other reimbursements as applicable. This is merely a simplified example: the specific calculation may be influenced by the type and scope of individual legal acts as well as the court’s decision on litigation costs.

The client had agreed to an hourly fee, but after winning the case, he expected a refund of the entire amount paid. However, the court awarded him only the reimbursement calculated according to the attorney’s fee schedule. Although he was successful in the case, he bore part of his attorney’s contractual fee himself. This is precisely why it is advisable to compare the likely costs with the amount of reimbursement the court may award before initiating a dispute.

Calculation of an Attorney’s Fee According to the Attorney’s Fee Schedule

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 claimed). This value is used to determine the base rate for a single legal service.

Fee for a single legal service based on the amount in dispute:

• up to 500 CZK: fee of 300 CZK
• over 500 CZK up to 1,000 CZK: fee of 500 CZK
• over 1,000 CZK up to 5,000 CZK: fee of 1,000 CZK
• over 5,000 CZK up to 10,000 CZK: fee of 1,500 CZK
• over 10,000 CZK up to 200,000 CZK: fee of 1,500 CZK plus 40 CZK for every 1,000 CZK (or fraction thereof) by which the amount exceeds 10,000 CZK
• Over 200,000 CZK up to 10,000,000 CZK: 9,100 CZK plus 40 CZK for every 1,000 CZK (or fraction thereof) by which the value exceeds 200,000 CZK
• over 10,000,000 CZK: a fee of 48,300 CZK plus 40 CZK for every 100,000 CZK or fraction thereof by which the value exceeds 10,000,000 CZK.

Legal services typically include: accepting and preparing the case, drafting a complaint, appearing at court hearings, filing an appeal, submitting a response to a complaint, etc.

If a client asks whether they must pay their attorney even if they lose the case, the answer is yes—in such a case, they usually pay not only their own attorney’s fees but also the opposing party’s costs.

Another common question concerns whether a lawyer may charge a higher rate than that set by the lawyers’ fee schedule. This is also possible, but only if the client and the lawyer have contractually agreed to it. The fee schedule itself applies only when there is no contractual fee.

Conversely, if the client prevails in the dispute, the opposing party generally pays the lawyer’s fees, as the court will order the opposing party to pay the costs of the proceedings, including the fee set by the schedule.

Certain transactions have a specific tariff

If the value of a thing or right cannot be expressed in monetary terms, or if doing so would involve disproportionate difficulty, the fee value is deemed to be 30,000 CZK (unless otherwise specified).

In specific proceedings, such as cases involving court guardianship of minors, adoption, protective measures, legal capacity, missing persons, and death, consent to an intervention affecting bodily integrity, proceedings concerning admission to or detention in a healthcare facility, guardianship cases, and cases involving child support for adult children, the tariff value is 10,000 CZK.

In other cases, different amounts apply: For example, 65,000 CZK for determining the existence or invalidity of a legal act, if the subject matter of the dispute is of inestimable value, in the establishment or termination of an easement or building right; in cases involving personality rights, personal data protection, or intellectual property without a claim for compensation for non-pecuniary harm; or in leases of non-residential premises, buildings, and land, provided that the consideration is not monetary.

A higher fee threshold, specifically 113,000 CZK, applies to more complex matters, such as determining the existence or invalidity of a legal act concerning a business enterprise, real estate, or industrial property rights, or in proceedings concerning trust funds, business entities, and legal persons, or in insolvency proceedings.

For disputes under the Administrative Court Rules (e.g., lawsuits or cassation appeals), the tariff value is set at 88,000 CZK, and for constitutional complaints, it is as high as 128,000 CZK. However, exceptions apply to guardianship matters, court supervision of minors, and adoption, where the tariff value is 30,000 CZK even in the case of a constitutional complaint.

A special rule also applies to an attorney appointed by the court as a guardianin a case involving the dissolution and liquidation of a legal entity.

The most common mistake: A single document does not always constitute a single complete act, and not every activity performed by an attorney is separately billable under the fee schedule. When reviewing a bill, it is therefore necessary to assess not only the number of items but also whether they actually correspond to the acts defined by the attorney’s fee schedule.

Not sure which rate applies in your specific case? Describe your situation to us, and we’ll explain everything to you.

Summary

The attorney’s fee schedule applies primarily when a client does not agree on a contractual fee with the attorney, and when a court decides on the reimbursement of litigation costs. Non-contractual fees are calculated based on the fee schedule and the number of legal services rendered. As a rule, a flat-rate reimbursement of out-of-pocket expenses of 450 CZK per service, as well as travel expenses, compensation for lost time, and VAT, are added to the fee. Winning a case does not automatically result in a full refund of the attorney’s contractual fee, as the court typically calculates reimbursement based on the fee schedule.