09 Oct Interpretation of Tariff Number 17 of the Bar Tariff

Leposavić & Bosović Law Firm recently approached the Steering Committee of the Montenegrin Bar Association to seek clarification regarding Tariff Number 17 of the Bar Tariff. This inquiry was prompted by discrepancies observed in the decisions made by competent prosecutor’s offices and courts concerning the compensation for lawyers serving as ex officio defense counsel.

Heading 17 provides for the following:
“The total award for the work of a lawyer is increased by:
– 100% for compulsory work at night (between 10 p.m. and 6 p.m. the next day),
– 100% for compulsory work on Saturdays, Sundays and on public and religious holidays.”

Our request was specifically related to the determination of the method of calculating the increase of the reward for the work of lawyers in situations where the mandatory work of lawyers is performed at night, and this time falls on Saturday, Sunday or on public or religious holidays. That is, whether in these situations the increase in the reward for the work of lawyers from Tariff Number 17 is calculated cumulatively on both grounds.

In its interpretation, the Steering Committee of the Montenegrin Bar Association points out: “If it happens that the work is carried out between 22:00 and 06:00 the next day, and the working day falls on Saturday or Sunday, i.e. on the day of state and religious holidays, the increase in question will be calculated cumulatively. In other words, the Tariff will be charged an additional 100% instead of 100%, which means that the amount of the basic tariff, excluding VAT, will be 400 €.”

Given that at the request of lawyers, courts and other state bodies, the the Steering Committee of the Montenegrin Bar Association provides an interpretation of this Tariff that is binding in its application, this interpretation provides clear guidance on how the award is calculated to lawyers in these situations.

With the aim of creating a transparent and harmonized framework for calculating awards for the work of lawyers when acting ex officio, we publish the interpretation of the the Steering Committee of the Montenegrin Bar Association in its entirety: Tumačenje Tarifnog Broja 17 – AKCG