Attorney Fees in FBiH

Frequently Asked Questions About the FBiH Attorney Fee Tariff

What is the attorney fee tariff in the Federation of Bosnia and Herzegovina?

The FBiH tariff sets the method for determining attorneys’ fees and certain reimbursable expenses. It applies unless the attorney and client have made a different written fee arrangement permitted by the tariff. The current text was published in the FBiH Official Gazette, No. 43/2025, with a correction in No. 45/2025.

Can an attorney and client agree on a different fee in writing?

Yes. Article 37 of the tariff allows written fee agreements, including agreements evidenced by email correspondence, using permitted methods rather than the standard point-based tariff.

Does the total cost depend only on the amount in dispute?

No. In many civil cases, the claim’s value determines the starting fee basis. The total may also depend on the number of written submissions, hearings, appeals and other necessary steps. Court fees, travel, expert witnesses and other necessary expenses may be charged separately where applicable.

What is the fee for preparing a claim and appearing at a civil hearing?

For an ordinary civil claim, Article 15 provides a points table based on the value in dispute, while Article 17 determines the percentage for individual actions. Preparing a claim or defense and attending a preparatory or main hearing are generally assessed at 100% of the relevant basis per action. An appeal against a judgment is generally 150%; a response to an appeal is 75%; and certain reasoned submissions are 50%.

2026 example: An ordinary civil claim worth up to BAM 5,000 has a basis of 80 points. Preparing the claim at 100% would cost BAM 520.00 before VAT (80 × BAM 6.50), or BAM 608.40 if 17% VAT must be charged. Court hearings are separate actions. Article 17 assigns a deemed claim value of BAM 10,001 for specified non-monetary disputes, including certain family matters; this rule does not automatically apply to every non-monetary claim.

What is the tariff rate for an hour of an attorney’s work?

For the activities listed in Article 35(1), including legal advice and opinions, the tariff provides 30 points for each commenced half-hour. Two commenced half-hour periods therefore total 60 points, worth BAM 390.00 before VAT in 2026 or BAM 456.30 with VAT where VAT applies. The tariff increases the rate for specified foreign-language consultations and opinions by 100%: a corresponding example is BAM 780.00 before VAT or BAM 912.60 with applicable VAT. At the 2025 point value, 60 points amounted to BAM 336.00 before VAT.

How are file reviews, waiting time and travel time assessed?

Article 35(2) provides 10 points per commenced half-hour for certain tasks, including reviewing files other than in criminal proceedings, examining land and public registers, waiting for hearings and time away from the office for travel. In 2026, two commenced half-hour periods would be BAM 130.00 before VAT, or BAM 152.10 with VAT if applicable. The tariff limits compensation for waiting and time away due to travel to eight hours per day; necessary travel expenses may be calculated separately under Article 40.

Is VAT included in the tariff examples?

No. The basic figures are before VAT. Under Article 38, an attorney who is registered and required to charge VAT must apply it where the law requires. The standard VAT rate in Bosnia and Herzegovina is 17%. Amounts including VAT are illustrative and do not imply that every attorney must charge VAT.

Can a client request a written statement of fees and expenses?

Yes. Article 39(2) requires an attorney to provide a written calculation of fees and expenses upon the client’s request. The client can ask for an explanation of the actions billed, applicable points, point values, other expenses and any VAT charged.

Can fees be linked to the outcome of proceedings?

Yes, where Article 37 permits it and the arrangement is made in writing. An agreed outcome-based percentage may not exceed 30% of the total success achieved. Other permitted written arrangements include hourly rates, fixed fees for defined work, monthly retainers, allowed increases to the tariff-based fee and combinations of these methods. In the absence of a different written agreement, the applicable tariff provisions govern.