Code of Professional Ethics for Attorneys of the Federation of Bosnia and Herzegovina
Prepared by: Azur Prnjavorac, attorney at law
“Official Gazette of the Federation of BiH”, No. 72/26
The Code was adopted on 23 May 2026 pursuant to Article 94(b) of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, No. 1/25) and Article 17(1)(b) of the Statute of the Bar Association of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, No. 66/26). Under Part XVIII, it entered into force on the day of its adoption by the Assembly and was published in the “Official Gazette of the Federation of BiH”, No. 72/26, on 11 September 2026. On the same day, the Code of Professional Ethics for Attorneys adopted at the extraordinary Assembly on 17 September 2005 was repealed. This is an unofficial translation; only the official text in the official languages of Bosnia and Herzegovina is authoritative.
New Code of Professional Ethics for Attorneys of the FBiH (2026)
The new Code of Professional Ethics sets out the standards of ethical conduct for attorneys in the Federation of Bosnia and Herzegovina: their independence and their relationship with clients, the opposing party, the courts, colleagues and the bodies of the bar associations, professional secrecy, public statements, the running of a law office and the costs of representation. It was adopted by the Assembly of the Bar Association of the FBiH on 23 May 2026, on the same day as the new Statute, and replaced the 2005 Code. This page contains the full text in eighteen parts, in an unofficial English translation, with an anchor on every item.
Key points
- Who it applies to: attorneys, joint law offices, law firms, legal associates and trainee attorneys in the FBiH, as well as foreign attorneys when they act in the Federation in accordance with the law (Part I, item 1).
- Professional development: attorneys must pursue continuous professional development and attend the training of the Bar Academy; the same duty applies to legal associates and trainee attorneys (Part III, item 13 and Part IX, item 21).
- Disloyalty: attracting clients through advertising and intermediaries, paying commission for bringing in clients and charging less than the Tariff are prohibited, except in the manner set out in Article 37 of the Tariff (Part III, item 14).
- Money laundering: a breach of the Rulebook on Risk Assessment for the Prevention of Money Laundering and Financing of Terrorist Activities and of the Rulebook on Risk-Based Supervision of the Work of Attorneys is expressly a violation of the reputation of the legal profession (Part III, item 17.1).
- Incompatible positions: an attorney may not be a director or a member of the management or supervisory board of a public enterprise, of a legal person with majority State capital or of such a bank, nor a representative of State capital (Part IV, item 11).
- Termination of the power of attorney: an attorney who terminates the power of attorney continues to represent the client until a new representative is found, but for no longer than 30 days (Part V, item 21).
- Files and costs: an attorney may refuse to hand over the file until the client pays the fee and costs, unless this would harm the client while proceedings are pending (Part XVI, items 2 and 3).
- Professional secrecy: the obligation is not limited in time, and disclosure contrary to the Code is a serious breach of duty (Part X, items 2 and 8).
- Cooperation with foreign attorneys: it is prohibited to state on websites, nameplates and letterheads any cooperation agreements with foreign attorneys that falsely suggest an institutional connection (Part XV, items 2 and 3).
Where can I find the new Code of Professional Ethics for Attorneys of the FBiH?
The Code of Professional Ethics currently in force was published in the “Official Gazette of the Federation of BiH”, No. 72/26. It was adopted by the Assembly of the Bar Association of the Federation of Bosnia and Herzegovina on 23 May 2026, pursuant to Article 94(b) of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (“Official Gazette of the FBiH”, No. 1/25) and Article 17(1)(b) of the Statute of the Bar Association of the Federation of Bosnia and Herzegovina (“Official Gazette of the FBiH”, No. 66/26). It entered into force on the day of its adoption and was published on 11 September 2026, and on the day of its adoption the 2005 Code of Professional Ethics for Attorneys ceased to have effect.
Unlike the previous Code, which was never published in an official gazette, the new Code has eighteen parts numbered in Roman numerals, from the introduction to the final provisions. It applies to attorneys, joint law offices, law firms, legal associates and trainee attorneys in the Federation of BiH, and to attorneys from other States when they act in its territory in accordance with the law. Failure to comply with the Code is a disciplinary offence, and whether a violation in a particular case also constitutes a disciplinary breach of professional duty is decided by the competent disciplinary body of the Bar Association of the FBiH.
Pursuant to Article 94(b) of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, No. 1/25) and Article 17(1)(b) of the Statute of the Bar Association of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, No. 66/26), the Assembly of the Bar Association of the Federation of Bosnia and Herzegovina, on 23 May 2026, adopted the following
CODE
OF PROFESSIONAL ETHICS
I.INTRODUCTION
1. The Code of Professional Ethics for Attorneys (hereinafter: the Code) elaborates the fundamental standards of ethical conduct and business practice of attorneys, joint law offices and law firms, legal associates and trainee attorneys in the Federation of Bosnia and Herzegovina, as well as of attorneys from other States when, in accordance with the law, they act in the territory of the Federation of Bosnia and Herzegovina.
2. The purpose of this Code is to assist attorneys, legal associates and trainee attorneys when they are faced with ethical and professional dilemmas, and to assist the Bar in preserving ethics and professional standards in the practice of law, thereby contributing to the rule of law and to the reputation of the legal profession and of the judiciary as a whole.
3. Where a member of the Bar Association of the Federation of Bosnia and Herzegovina (hereinafter: the Bar Association of the Federation of BiH) practises law in another State, the attorney shall comply with the international rules of professional ethics and with the rules of professional ethics for attorneys of the State in which he or she acts.
II.BASIC PRINCIPLES
1. Attorneys must serve the interests of justice, as well as the interests of those whose rights and freedoms have been entrusted to them to protect and defend.
2. The duty of an attorney is not only to represent the client but also to act as the client's adviser in the protection of the client's rights and interests.
3. The practice of law, in addition to the obligation to comply with legal norms, also entails respect for moral obligations towards the client, towards the courts and other authorities before which attorneys represent their client's case or act on the client's behalf, and towards the legal profession in general, each individual member of the profession and the public.
4. The Code lays down the principles and rules of conduct which must become part of the awareness and conviction of every attorney and which attorneys, for the preservation and the reputation of the legal profession, must observe in the course of their practice.
5. Failure to comply with the provisions of the Code constitutes a disciplinary offence, which shall be sanctioned in accordance with the Statute and other general acts of the Bar Association of the FBiH.
III.ETHICAL PRINCIPLES ON WHICH THE LEGAL PROFESSION IS FOUNDED
1. The fundamental ethical principle of the Code is reflected in the duty of attorneys, within the limits of the law and in accordance with constitutional principles, the morals of society and the principles and tenets contained in the general acts of the Bar Association of the FBiH, to strive consistently for the rule of law and for the protection of the freedoms and interests of the natural and legal persons whom they represent and defend.
2. The relationship of an attorney with his or her own client, with the opposing party and its representatives, with other attorneys, courts, prosecutors' offices and other State authorities vested with public powers is determined exclusively by the attorney's position as the representative and protector of the rights and interests of natural and legal persons.
3. An attorney must never place himself or herself in a position that would constitute a conflict of interest, nor in a position that would make him or her dependent on the interests of others or on his or her own interest.
4. When representing clients, an attorney shall preserve his or her independence and may protect the client's interests only by means that are in accordance with the law, with the dignity of the legal profession and with good customs that are not contrary to his or her conscience.
5. An attorney must not accept work that is incompatible with his or her profession and that could harm his or her independence, good name and the reputation of the legal profession.
6. In the practice of law, an attorney should conduct himself or herself so as to gain and strengthen the trust of the client and, at the same time, of the judicial and other authorities before which he or she acts in protecting the client's rights and interests, having regard to the requirements of professional and general culture.
7. It is the duty of attorneys, in the practice of law, to work continuously for the advancement and affirmation of the legal profession as an autonomous and independent professional activity.
8. An attorney shall safeguard the reputation and dignity of the legal profession, both in the practice of law and in private life.
9. By his or her conduct, an attorney must serve as an example of humanity, respect for human dignity and progressive endeavours in the recognition, protection and exercise of fundamental human rights and freedoms.
10. It is impermissible and contrary to the dignity of an attorney to cooperate in any way with a person engaged in the unauthorised practice of law. It is the duty of an attorney to report any person whom he or she learns to be engaged in the unauthorised practice of law to the competent State authority.
11. An attorney must not invoke his or her former office, position or function in order to attract clients, nor in any way assure a client that, for that reason, he or she can more successfully protect the client's rights and interests that have been infringed.
12. Until the final conclusion of the proceedings in which he or she acts as the representative of any party, an attorney must not make statements or take other actions by which he or she could improperly influence the course and outcome of the proceedings.
13. It is the duty of an attorney to pursue continuous professional development and to participate in the training organised and conducted by the Bar Academy.
Disloyalty in the practice of lawPart III, item 14
14. Disloyalty in the practice of law constitutes a violation of the honour and reputation of the legal profession, and is reflected in the following:
a) attracting clients by means of offers, intermediaries or advertising,
b) cooperating with persons engaged in the unauthorised practice of law or with persons suspected of being so engaged,
c) promising a commission or reward to others for bringing in clients,
d) disparaging other attorneys,
e) promising to resolve cases through connections and acquaintances,
f) offering representation at prices lower than those laid down in the Attorney Tariff, except in the manner prescribed by the provision of Article 37 of the Tariff,
g) displaying an attorney's nameplate of an ostentatious form and content, or displaying a nameplate at places other than the building in which the office is located,
h) using a disproportionately large or round seal,
i) ostentatiously displaying, in submissions, letters or otherwise, information about the law offices with which an agreement on affiliation and cooperation has been concluded,
j) ostentatiously displaying any specialisation,
k) appearances in the mass media with marked emphasis on one's status as an attorney, or in a manner that could be understood as imposing oneself on the public or as self-promotion, and the like.
Acquiring clients in a dishonourable or otherwise impermissible mannerPart III, item 15
15.1. An attorney is prohibited from acquiring clients in a dishonourable or otherwise impermissible manner. An attorney shall be deemed to resort to the dishonourable or impermissible acquisition of clients, in particular where he or she:
a) gives unrealistic assessments and promises success, or misleads the client as to the legal nature of the case,
b) disparages other attorneys,
c) encourages, or fails to challenge, the client's belief in the effectiveness of corruption, or proposes or hints at his or her own participation in corruption,
d) contacts the clients of other attorneys and induces them to transfer their representation to him or her, or takes over the clients of other attorneys in a manner contrary to this Code,
e) at hearings and in other public appearances in his or her capacity as an attorney, provokes incidents and, without justified reason, creates situations of conflict with the intention of creating an impression of boldness and gaining personal popularity.
15.2. An attorney is permitted to publish in the mass media information on the opening or relocation of his or her office, while avoiding any attempt at, or impression of, advertising, and to send notice of the opening or relocation of his or her office to the judicial authorities, other attorneys and his or her clients.
Observance of other codes of ethicsPart III, item 16
16.1. When an attorney defends or represents a client in the territory of Republika Srpska, he or she shall act in accordance with the Code of Ethics for Attorneys of the Bar Association of Republika Srpska, provided that the principles and tenets of that Code are not contrary to the principles and content of this Code.
16.2. When practising law abroad, an attorney shall also act in accordance with the codes of international associations of attorneys, as well as with the code of professional ethics of the country in which he or she practises, provided that the principles and tenets of those codes are not contrary to the principles and content of this Code.
Disciplinary liabilityPart III, item 17
17.1. Any conduct contrary to the principles and rules of the Law on the Legal Profession of the FBiH, the Statute and the rules of this Code, the Rulebook on Risk Assessment for the Prevention of Money Laundering and Financing of Terrorist Activities and the Rulebook on Risk-Based Supervision of the Work of Attorneys of the Bar Association of the FBiH constitutes a violation of the reputation of the legal profession in the Federation of Bosnia and Herzegovina.
17.2. The competent disciplinary body of the Bar Association of the FBiH shall decide whether a violation of the principles and rules of this Code in an individual case also constitutes a disciplinary breach of professional duty, and shall take a position on the initiation of disciplinary proceedings.
IV.MORAL CHARACTER OF THE ATTORNEY
1. In the practice of law, an attorney shall act humanely and considerately, with regard and respect for all those with whom he or she is in contact in the course of his or her professional activity.
2. Every attorney shall safeguard his or her honour, the moral character of an attorney, independence, conscientiousness and professional competence, so that by such conduct he or she also sets an example to others.
3. An attorney shall pay tax on the income earned from the provision of legal services in accordance with the tax regulations, and shall settle the obligations towards the competent institutions arising from his or her status as an attorney.
4. When representing a client, an attorney shall preserve his or her independence. This independence must be absolute and free from any other influence, especially influence that may arise from his or her own interest or from external pressure.
5. An attorney must avoid circumstances that could jeopardise his or her independence and must take care not to compromise his or her professional standards in order to please the client, the court or third parties.
6. An attorney shall reject all attempts to influence his or her independence and shall inform the bodies of the regional bar association to which he or she belongs of such attempts.
7. An attorney may not engage in activities that undermine the standing and reputation of the legal profession.
8. An attorney must not accept work or positions that would place him or her in a subordinate position, lead him or her to carry out the instructions of others uncritically, or make his or her work conditional on obligations or benefits of a kind that could jeopardise his or her independence and autonomy.
9. An attorney may engage in activities in the fields of science, literature, the arts, journalism, legal education, humanitarian work, translation and sport.
10. An attorney may be the head or a member of professional, working or advisory bodies of the governmental or non-governmental sector, of non-governmental organisations, and of editorial boards and publishing councils in organisations whose work is not contrary to the principles of the legal profession.
11. An attorney may not be a representative, director, president or member of the management or supervisory board of a legal person or institution vested with public powers, of a public enterprise or of a legal person with majority State capital, nor president or member of the management board, supervisory board or audit committee of a bank with majority State capital, nor a representative of State capital, nor may he or she perform those functions to any extent or hold a public office that is incompatible with the practice of law.
12. A senior position held by an attorney in the Bar Association of the FBiH is incompatible with a senior position in a political party.
13. Traditional virtues such as the honour, honesty and integrity of an attorney must be beyond all doubt; they are a professional obligation of the attorney and the basis for establishing a relationship of trust in the attorney.
14. The client and third parties from whom the attorney obtains information must be certain of the attorney's confidentiality.
15. Confidentiality is a primary right and obligation of the attorney.
16. Only an attorney who knows the law can protect the interests of his or her client by the means permitted by law, and in order to fulfil that duty he or she shall renew, broaden and improve his or her legal and general education by following the professional literature, taking part in professional debates, conferences and congresses, publishing professional papers, contributing to the journal of the Bar Association of the FBiH, and the like.
17. An attorney must act in the best interests of his or her client and must put those interests before his or her personal interests or the interests of others that conflict with the interests of the client he or she represents.
18. An attorney should assist other attorneys with his or her professional knowledge, and it is a particular duty of all attorneys to assist in the professional development of legal associates and trainee attorneys.
19. An attorney shall conscientiously fulfil his or her obligations towards the Bar Association of the FBiH and the regional bar association, safeguard and enhance the reputation of the bar associations and contribute to their successful work, and in particular shall respect the decisions of the bodies of the bar associations and refrain from any offensive conduct in contacts with those bodies.
20. A person who works against the interests of the legal profession as an independent professional activity and who does not respect the fundamental principles of this Code and of the other acts of the Bar Association of the FBiH is not worthy of being an attorney, nor is a person who, under the provisions of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina and the provisions of the Statute of the Bar Association of the FBiH, is considered unworthy of practising law.
V.RELATIONSHIP WITH PERSONS TO WHOM LEGAL ASSISTANCE IS PROVIDED
1. Loyalty to the client is the fundamental duty of an attorney. It takes precedence over the interests of the attorney and over considerations of collegiality.
2. An attorney shall devote all his or her professional competence and conscientiousness to representing the client and shall provide the client with the expected legal assistance in full and in good time.
3. An attorney's excessive workload must not jeopardise the completeness, conscientiousness and timeliness of the legal assistance provided to the client, and every attorney shall bear this in mind when taking on new work from clients.
4. An attorney who is approached by an excessive number of clients shall refer clients to other attorneys in order to avoid being overburdened with work.
Acceptance and termination of engagementPart V, item 5
5.1. An attorney decides independently whether to accept an offer to represent a client, to provide legal assistance or to conduct a defence.
5.2. An attorney may refuse an offer to represent a client, to provide legal assistance or to conduct a defence only on the grounds prescribed by the Law on the Legal Profession of the Federation of Bosnia and Herzegovina, by this Code and by the other general acts of the Bar Association of the FBiH.
5.3. An attorney who personally knows the opposing party may refuse to act against that party, and if he or she nevertheless accepts the representation, he or she must first inform his or her client of that acquaintance.
6. An attorney shall refuse representation:
a) if he or she has provided legal assistance to the opposing party in the same case or on any other matter connected with that case,
b) if legal assistance was provided to the opposing party in the same case by an attorney working in the same law office or law firm,
c) if he or she, or a member or employee of the law office or law firm, worked as a trainee attorney with the attorney who is providing legal assistance to the opposing party,
d) if he or she, or a member or employee of the law office or law firm, acted in the same case as a judge, prosecutor, authorised official of the Ministry of the Interior or as an official in an administrative authority,
e) if he or she, or a member or employee of the law office or law firm, has dealt with the case in question in another professional capacity,
f) if he or she, or a member or employee of the law office or law firm, has a personal interest which is, or may be, in conflict with the interests of the represented client, and
g) in other cases provided for by law or by the general acts of the Bar Association of the FBiH.
7. A decision on representation must not be influenced by differences in sex, race, national affiliation, language, religion, political or other belief, origin, social status or party affiliation.
8. An attorney may refuse to provide legal assistance owing to a personal conviction that he or she cannot successfully represent such a case.
9. If an attorney has a recognised specialisation, or does not practise in a particular area of law at all, he or she may refuse a client's request for representation where the case falls outside his or her specialisation or outside the area in which he or she is competent.
10. An attorney shall handle a case for a client only on the instructions of that client. He or she may, however, work on a case on the instructions of another attorney acting for the client, or where the case is assigned to him or her by a court or another competent authority.
11. When taking on a case for representation, an attorney shall obtain comprehensive information from the client and inform the client of the approximate duration of the proceedings, the costs, and the attorney's expenses and fees for the work performed.
12. An attorney shall advise and represent the client promptly, conscientiously and diligently, taking particular care not to cause the client unnecessary costs of proceedings, and shall, by his or her conduct and professional work, justify the trust the client has placed in him or her by choosing him or her as its representative.
13. An attorney shall assume personal responsibility for carrying out the instructions given to him or her and shall keep the client informed of the status of the case.
14. Throughout the proceedings, an attorney shall endeavour to have the proceedings resolved by settlement if this is in the client's interest.
15. An attorney shall not handle a case for which he or she knows or ought to know that he or she is not qualified and fully competent, without cooperating with an attorney who is competent for such a case.
16. As a rule, an attorney takes on for representation only as many cases as he or she can handle conscientiously and promptly, and shall not accept instructions which he or she knows he or she will be unable to carry out efficiently.
17. Where an attorney establishes that the client he or she represents is litigating vexatiously, the attorney shall warn the client of such conduct and of the harmful conduct of the proceedings, and if the client persists in that attitude, the attorney may, for that reason, terminate the power of attorney and refuse to provide further legal assistance.
18. If an attorney establishes that the client he or she represents or defends is giving untruthful instructions and stating untrue facts about the case, the attorney may refuse to continue providing legal assistance to that person.
19. One of the reasons for which an attorney may refuse to continue providing legal assistance to a client is the client's inability to pay the attorney's out-of-pocket expenses and the fee for the work performed up to that time.
20. An attorney may terminate the power of attorney on the same grounds on which he or she may refuse to provide legal assistance.
21. An attorney has no right to withdraw from a case in a manner and in circumstances in which the client would be unable to find other legal assistance in time to prevent harmful consequences for the client, and the attorney shall continue to represent a person whose power of attorney he or she terminates on any valid ground until that person finds a representative, but for no longer than 30 days from the termination of the power of attorney. During that time, the attorney shall take all actions necessary to prevent harmful consequences for the client whose power of attorney is being terminated.
22. An attorney should not terminate the power of attorney because evidentiary or other motions in the proceedings have been rejected owing to personal animosity between him or her and the person conducting the proceedings; in other words, he or she must not identify his or her personal relationships and interests with the interests of the client to whom he or she provides legal assistance, and vice versa.
23. It is the duty of an attorney to devote all his or her knowledge, attention, professional approach and dedication to the person to whom he or she provides legal assistance, but he or she must not be led by the improper conduct and manifestly untrue statements of the person he or she represents, since in that way he or she would damage his or her personal reputation and the reputation of the legal profession as an independent professional activity.
24. If, after the representation has ended and upon the attorney's invitation to collect its files and documents, the client fails to collect them within three months of the invitation, then, in the event of a subsequent request by the client for the handover of the files and documents, the attorney shall be entitled to reimbursement of the costs of preparing the return of the files and documents to the client, in accordance with the Tariff on Fees and Reimbursement of Costs for work charged by the hour and for the review of files and documents.
Conflict of interestPart V, item 25
25.1. An attorney shall not advise, represent or act on behalf of two or more clients in the same matter if there is a conflict, or a significant risk of a conflict, between the interests of those clients. When acting in bilateral legal transactions and engaged by one or all of the parties, the attorney shall protect the interests of all participants in that legal transaction equally and fairly, irrespective of who pays the fee for the work he or she has performed.
25.2. An attorney must cease to act for both clients when a conflict of interest arises between those clients, and also whenever there is a risk of a breach of confidentiality or where his or her independence might be impaired.
25.3. An attorney must not accept the representation of a client in a matter in which he or she previously received information in the same matter from a party with opposing interests, even though he or she did not agree to represent that party either, if his or her knowledge of the case would jeopardise the client's interests or the duty to preserve the confidentiality of the information previously obtained.
25.4. Where attorneys practise in a joint law office or in a law firm, the above provisions apply to all members of the joint office or of the law firm.
25.5. An attorney must not advise the opposing party or take on representation against the party he or she represents, and may take on representation against a client he or she previously represented only if, in the circumstances of the case, such conduct would not be contrary to the principles of professional ethics for attorneys.
VI.REPRESENTATION IN CRIMINAL CASES
1. An attorney shall accept an offered defence of a suspect or accused in criminal cases irrespective of the personality of the suspect or accused and of the type and gravity of the criminal offence committed.
2. An attorney must not refuse to provide legal assistance (defence) in criminal cases for the following reasons:
a) because a successful defence would be difficult,
b) because there is irrefutable evidence that the criminal offence was committed,
c) because the suspect/accused has confessed to committing the criminal offence,
d) because of negative public opinion provoked by the criminal offence and by the conduct of the injured parties.
3. An attorney may refuse an offered defence of a suspect/accused only if he or she is specialised in another branch of law, or if his or her practice does not also include criminal law, and may withdraw from a defence already accepted only if his or her conscience as defence counsel would not permit him or her to continue the defence and the position of the defendant would not thereby be worsened.
4. During criminal proceedings, an attorney must not make statements to the mass media which could improperly influence the course and outcome of the criminal proceedings, in particular by creating certain impressions among the public.
5. During criminal proceedings, an attorney may make statements to the mass media in accordance with the provisions of this Code governing the duties and obligations of attorneys in public communication.
6. Where several suspects/accused and several attorneys acting as defence counsel take part in criminal proceedings, the attorneys shall endeavour to coordinate their work to the greatest possible extent, so that it is not to the detriment of any of the defendants.
7. In defending his or her client, an attorney must not act in a way that shifts responsibility onto other co-accused or increases their guilt in order to exclude entirely or reduce the guilt of his or her own client.
8. In legal reasoning and closing arguments, the attorney acting as defence counsel is independent and acts according to his or her own conscience, knowledge, responsibility and expertise, and is not bound by the instructions of the defendant, except as regards the facts of the case.
9. Any direct or indirect offer of the services of defence counsel to detainees, or the use of other detainees to obtain engagement as defence counsel, is contrary to the reputation and dignity of the legal profession and constitutes a breach of the rules of this Code.
VII.RELATIONSHIP WITH OPPOSING PARTIES IN PROCEEDINGS
1. An attorney should act towards the opposing party considerately and objectively, thereby seeking to create the conditions for the dispute to be resolved in the mutual interest.
2. However, if the opposing party is inconsiderate, intransigent, unreasonable or biased, the attorney shall act firmly towards that party, in particular where the absence of such an approach would harm the legitimate interests of his or her client.
3. An attorney shall prevent quarrels with, and insults directed at, opposing parties in proceedings.
4. In line with the principle of prompt and efficient provision of legal assistance and avoidance of unnecessary costs for the client, before instituting proceedings an attorney should send a warning to the opposing party, giving it a reasonable time limit for voluntary compliance with the disputed claim, unless the matter is urgent or the opponent is manifestly vexatious and intransigent.
5. An attorney must not exploit the ignorance, mistake or timidity of the opposing party, in particular if that party has no legal representative, in order to achieve an unjustified success for his or her client.
6. If the opposing party has a representative, the attorney shall communicate exclusively with that representative, and if the opposing party approaches the attorney directly, the attorney shall refer that party to its representative and inform his or her own client of all of this.
7. An attorney should dissuade his or her client from bringing criminal proceedings against the opposing party because of rash statements provoked by tension in the proceedings, unless such prosecution is necessary to secure the client's interests.
8. An attorney must maintain a proper relationship with the opposing party. If the opposing party insults the attorney, threatens him or her, or the like, the attorney should show understanding for the state of agitation in which the opposing party behaved inappropriately or rudely towards him or her, and if, after a warning by the attorney or by the authority before which the insult, threat or the like occurred, an apology follows, the attorney should not in that case take actions that would lead to the criminal or other liability of the opposing party.
9. A closer and more intensive acquaintance of the attorney with a future opposing party or with a close relative of that party may be a ground for refusing representation if it led or could lead to harmful consequences for the client owing to the attorney's incomplete commitment or to a lack of professional and conscientious provision of legal assistance to the client.
10. An attorney must not disparage the opposing party or otherwise treat it improperly.
VIII.RELATIONS WITH COURTS, ADMINISTRATIVE AND OTHER STATE AUTHORITIES
1. An attorney shall conduct representation before courts and other authorities properly, respecting their authority and standing in accordance with the rules of procedure, while at the same time preserving the autonomy and independence of the legal profession as an independent professional activity, as well as his or her personal and professional reputation.
2. The relationship of an attorney with the court, other State authorities and their representatives, and the relationship of the court, other State authorities and their representatives with the attorney, should be an expression of respect for the law, for legal culture and for the legal profession.
3. An attorney's submissions and oral presentations should be clear, concise, skilful and logical, and any criticism which an attorney addresses to the court, other State authorities and their representatives must not be expressed in an insolent or offensive manner.
4. In relation to the court, other State authorities and their representatives, an attorney must not:
a) influence the course of the proceedings and the making of a decision by unprofessional means, in particular by approaching authorities and persons who have no right to interfere in the proceedings, the hearing and the decision-making,
b) display personal friendly relations with judges, prosecutors and other representatives of public authorities in front of the client, the opposing party or its representative, or create in front of those persons the impression that such relations exist,
c) justify the course or outcome of proceedings by attributing corruption and other forms of abuse to judges, prosecutors and representatives of other public authorities, or support such a belief held by the client, unless he or she or the client has evidence that would entitle them to file a report with the authorities competent for criminal or disciplinary prosecution,
d) abuse the role of defence counsel in order to deliver secretly to the client, or through a client who is in detention or serving a sentence to other detainees or prisoners, letters, messages or objects whose delivery is prohibited, subject to control or intended for unlawful purposes,
e) in front of the client, the opposing party or its representative, enter the courtroom or other official room intended for the hearing before being called, or remain in the courtroom or such room after the end of the hearing once all those persons have left, unless he or she has first explained his or her entry or stay to those persons by exceptional, justified and truthful reasons unrelated to the subject matter of the dispute.
5. With due respect for the court, an attorney shall defend the interests of his or her client honourably and courageously, regardless of his or her own interests or of the consequences for himself or herself or for any other person.
6. An attorney shall, by legally permitted means and within the limits of propriety, offer firm resistance to any violation of legality, to any infringement of personal dignity and of fundamental human rights, and to any infringement of the interests of his or her client.
7. An attorney shall caution his or her client to show respect towards the court and shall endeavour to ensure that he or she and the client exercise their procedural rights conscientiously, seeking to avoid any delay and any abuse of rights in proceedings before the court.
8. An attorney is permitted to communicate with witnesses before the beginning of and during the trial, but any abuse of such a conversation for the purpose of influencing the witness is prohibited. The conversation must be conducted in a manner that avoids any doubt as to possible influence on the witness.
IX.MUTUAL RELATIONS BETWEEN ATTORNEYS, LEGAL ASSOCIATES AND TRAINEE ATTORNEYS
1. The collective spirit of the profession requires a relationship of trust and cooperation among attorneys for the benefit of their clients, in order to avoid lengthy and unnecessary proceedings and other conduct harmful to the reputation of the profession.
2. Mutual relations between attorneys, legal associates and trainee attorneys, both in their professional activity and in their personal lives, should be proper and marked by mutual regard and respect, and must not affect their autonomy and resolve in representing and protecting the interests of their own client.
3. It is impermissible to win clients for representation in a disloyal manner, to advertise in any form, to make negative statements about other attorneys, legal associates or trainee attorneys, or to maintain any contact with persons engaged in the unauthorised practice of law, and the like.
4. An attorney who knows that the opposing party is represented by an attorney must address himself or herself exclusively to that colleague, and if the opposing party approaches him or her directly, must advise that party to address its own attorney and shall inform the colleague accordingly.
5. An attorney, where he or she is aware of it, must not take on the representation of a client who is already represented by another attorney before the client has revoked that attorney's power of attorney or has informed that attorney that a newly engaged attorney is entering the proceedings in addition to the attorney already engaged.
6. An attorney engaged in place of another attorney in a particular case must inform that attorney accordingly and shall not begin work until he or she has established that the other attorney has been fully settled and paid for the work performed.
7. In accordance with the choice made, several attorneys may provide legal assistance to one person.
8. An attorney may not request or accept from another attorney or from any other person a fee, commission or other compensation for referring or recommending a client.
9. An attorney shall not pay anyone a fee, commission or other compensation for having referred a client to him or her.
10. The collegial spirit of the profession and professional solidarity require attorneys to give advice and an opinion to another attorney, especially one who is junior in years of practice and experience, when he or she so requests.
11. When substituting for another attorney, an attorney acts as if he or she were providing legal assistance himself or herself (in his or her own case). The solidarity of attorneys is also reflected in the provision of legal assistance, that is, in substituting for foreign attorneys. An attorney must be particularly responsible when providing legal assistance to foreign attorneys and should take on such cases only if he or she can handle them professionally and without delay.
12. It is impermissible for an attorney, unless the interests of the person to whom he or she provides legal assistance so require, to incriminate a co-defendant or accomplice in the proceedings.
13. Attorneys shall resolve their disputes with one another themselves or before the bodies of the Bar Association of the FBiH, since it is not in keeping with the principles of this Code for attorneys to settle their disagreements through the courts.
14. For the purpose of educating and training future members of the profession, which is one of the more important tasks of the Bar, attorneys are encouraged to take on young law graduates for practical training with a view to qualifying them for entry in the Register of Attorneys, and to provide them with professional assistance to that end.
15. It is the duty of an attorney to take care of the formation of the moral character of the trainee attorney and the legal associate, who through their daily practice become acquainted with the principles and rules of the Code of Professional Ethics for Attorneys and adopt them as their own rules of conduct at work and in life, and the trainee and the legal associate are themselves also under this duty.
16. An attorney shall inform his or her trainee and legal associate of the obligation to keep the secrets of the office in which they work, and shall pay particular attention to acquainting the trainee and the legal associate with the rules of professional ethics for attorneys.
17. An attorney shall regularly pay the established salary for the work of the legal associate and the trainee attorney. In addition to the salary, the attorney may also pay a bonus for work to the legal associate and the trainee attorney.
18. An attorney shall provide the trainee with practical training that is varied and gives thorough knowledge, as well as with the use of professional literature, while conscientiously supervising the trainee's work, all with a view to professional development and preparation for the bar examination.
19. In his or her work, a trainee attorney shall follow the instructions of the attorney with whom he or she is completing the traineeship and the foundations and principles of the Code, and his or her relationship with that attorney should be proper and marked by regard and respect.
20. During the traineeship, a trainee attorney shall take part in the work of the Organisation of Trainee Attorneys of the Bar Association of the FBiH and shall conscientiously perform the duties and obligations in the bodies of the Bar Association of the FBiH to which he or she has been delegated by that organisation.
21. Legal associates and trainee attorneys shall participate in the training organised by the Bar Academy.
22. Fictitious traineeship is prohibited, and a trainee attorney shall complete the traineeship on a full-time basis.
23. The conclusion of any kind of contract between an attorney and his or her trainee on profit sharing or partnership is prohibited.
24. A trainee is prohibited from handling legal matters independently.
25. A trainee is not permitted, at the direct request of another attorney or of that attorney's trainee and without the approval of the attorney with whom he or she is completing the traineeship, to substitute for another attorney in individual acts of representation, nor to request or accept directly from another attorney a fee for substitute representation.
26. It is the duty of all attorneys to assist a younger attorney in opening a law office and in acquiring persons to whom he or she will provide legal assistance, and it is desirable that each of them refer at least one such person.
27. All the principles and tenets of this Code concerning attorneys in their relations with the persons to whom they provide legal assistance, with opposing parties, with courts and other authorities, and concerning other matters, also apply to legal associates and trainee attorneys.
X.PROFESSIONAL SECRECY
1. The preservation of professional secrecy is a principle of the legal profession which constitutes an essential prerequisite for professional and conscientious representation and is an indispensable condition for the independence and autonomy of the legal profession.
2. The obligation to preserve professional secrecy is not limited in time.
3. Professional secrecy covers everything that the attorney has learned in confidence, from his or her client or otherwise, in the course of providing legal assistance. In substance, in addition to the attorney's knowledge, this secrecy also covers all files, audio, information and communication, image and similar records, as well as clients' deposits held in the law office.
4. The duty to preserve professional secrecy does not cease merely upon the termination of the representation or the conclusion of the proceedings in which, and in connection with which, the facts and circumstances constituting professional secrecy became known. The duty of secrecy also exists in respect of facts and circumstances entrusted by a client whose representation the attorney did not accept.
5. An attorney may disclose facts and circumstances constituting professional secrecy only in a particular type of proceedings with the consent, given in writing, of the person from whom he or she learned them, or where disclosure of the secret is necessary in criminal proceedings or in proceedings concerning the attorney's disciplinary liability in order to prove his or her innocence.
6. The attorney must himself or herself assess conscientiously what the client wishes to be kept as professional secrecy, which may sometimes extend to the very fact that the client approached him or her for legal assistance and to not disclosing what kind of assistance.
7. An attorney shall, in an appropriate manner, inform all his or her staff in the office of the obligation to preserve professional secrecy, and shall expressly provide for that obligation, in the employment contracts concluded with them, as a ground for termination of employment.
8. The obligation to preserve professional secrecy extends to all attorneys in a joint law office, to all attorneys in a law firm and to all employees. Disclosure of professional secrecy contrary to the provisions of this Code constitutes a serious breach of duty and of the reputation of the legal profession.
XI.RELATIONSHIP OF ATTORNEYS WITH THE BODIES OF THE BAR ASSOCIATION OF THE FBiH
1. Attorneys shall safeguard the reputation, autonomy and independence of the bodies of the Bar Association of the FBiH and of the regional bar associations.
2. It is the right and duty of attorneys to participate in the work of the bodies of the Bar Association of the FBiH, to assist in their work, and to perform conscientiously and responsibly their obligations in all elected positions in the bodies and organs of the Bar Association of the FBiH.
3. An attorney shall conscientiously and in good time fulfil all his or her obligations towards the Bar Association of the FBiH, respect, safeguard and enhance its reputation, contribute through active participation to its work being as successful as possible by attending meetings and assemblies, and honourably perform the functions to which he or she has been elected.
4. An attorney commits a serious breach of professional duty if he or she fails to comply with the decisions of the bodies of the Bar Association of the FBiH or performs the obligations and rights attached to elected positions in its bodies without conscientiousness and responsibility; fails to reply within the time limit set to a written communication or fails to respond to a summons from its competent bodies; fails to provide the requested information and the requested explanations, unless doing so would breach the obligation to preserve professional secrecy; submits untruthful reports to its bodies, behaves offensively in written or oral contacts with the bodies of the Bar Association of the FBiH and/or its officials, and fails to perform, or performs irregularly, his or her financial obligations towards it; or fails to comply with a decision of the competent body of the Bar Association of the FBiH on the suspension or restriction of practice, provided that the minimum level of activity necessary to protect the rights and interests of clients has been established.
XII.CONDUCT OF BUSINESS IN THE LAW OFFICE
1. An attorney is responsible for the work of his or her office.
2. In joint law offices, all attorneys are responsible for the work of the office.
3. In law firms, the attorneys who are members of the firm are responsible for the work of the firm.
4. An attorney shall handle cases properly and in good time, store files and keep accurate records of time limits and hearings, so that he or she and the client can always establish the status of the case by inspecting the file.
5. An attorney must be particularly conscientious and accurate in handling money. He or she must not mix other people's money with his or her own and must always be in a position to pay out other people's money. He or she must not retain money received on behalf of a client for longer than necessary.
6. An attorney must not use or retain money contrary to the purpose for which it was handed over, nor extend the right of retention to claims not yet due for services which he or she is still to provide.
XIII.DUTIES AND OBLIGATIONS OF ATTORNEYS IN PUBLIC COMMUNICATION
1. As a matter of principle, an attorney must not disclose to the public in any way information about the clients he or she represents, the facts and circumstances known to him or her from a case he or she has accepted for representation, or anything the client has confided in him or her as its representative, unless the client has authorised him or her to make such information public.
2. If the public has been informed through the mass media by the opposing party in any proceedings, or by the court, prosecutor's office or other authority before which the proceedings are conducted, and such information is aimed at misinforming the public through a particular item of information, or has influenced or could influence the course and outcome of particular proceedings, the attorney shall, by means of a public statement, provide accurate information and prevent the attempt to misinform the public or the influence of the public information on the course and outcome of the particular proceedings to the detriment of the client he or she represents.
3. Disclosure to the public of information on the mere existence of a particular type of proceedings in which the attorney represents a client is permitted if the disclosure of such information would neither harm the interests of the client he or she represents nor, in itself, constitute a breach of professional secrecy.
4. Conduct contrary to the above principles constitutes a serious breach of the duties of an attorney in the practice of law.
5. An attorney who is written or spoken about in the mass media in a manner contrary to the provisions of the Law on the Legal Profession, the Statute of the Bar Association or the Code shall, immediately upon learning of such reporting, distance himself or herself from it in an appropriate manner.
XIV.PROVISION OF FREE LEGAL AID
1. The obligations of an attorney also include the provision of free legal aid to socially disadvantaged persons in accordance with the Law on the Legal Profession of the Federation of Bosnia and Herzegovina.
2. An attorney shall provide free legal aid with the same conscientiousness and care as when providing legal assistance to other clients.
3. In the event of success in the proceedings, an attorney may request from such a client a fee for the services provided, to the extent that the representation does not thereby lose its humane and social character, but in any event the attorney may claim the fee which the represented client has been awarded against the opposing party on the basis of his or her representation.
XV.POWERS AND DUTIES OF ATTORNEYS IN INTERNATIONAL LEGAL TRANSACTIONS
1. An attorney is not authorised to perform legal work for foreign legal entities as the permanent representative of a foreign law office or law firm, nor may he or she place on the name of the office any marks indicating the representation of foreign law offices of any form.
2. No form of cooperation with foreign attorneys is permitted if they use such cooperation to misrepresent an attorney who is a member of the Bar Association as an attorney of their firm, as a partner, as their branch, or as being in any form of institutional connection with them.
3. Attorneys, joint law offices and law firms are prohibited from stating on websites, displayed nameplates, letterheads and the like the existence of an agreement and cooperation referred to in the preceding paragraph.
4. When accepting for representation a client domiciled in another State, an attorney shall expressly warn the client of the possible outcome of the requested representation through the application of the laws and other regulations in the territory of Bosnia and Herzegovina, and shall give such a warning in writing if acting otherwise could cause significant harm to that client.
5. In all proceedings with an international element before domestic courts and other authorities, as well as before foreign authorities and courts, if there is a conflict between the principles of the code of professional ethics of a foreign State and those of this Code, the attorney shall apply the principles of this Code.
XVI.COSTS OF REPRESENTATION
1. An attorney is entitled to a fee for his or her work in accordance with the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys in the Federation of Bosnia and Herzegovina.
2. If the representation ended during the proceedings, the attorney may refuse to hand over the case file to the client at the client's request if the client has not paid the costs incurred through the attorney's actions in the course of the proceedings, according to the attorney's calculation at that time, unless this could result in harmful consequences for the client or would make it difficult or impossible for the client to take steps in the proceedings.
3. After the conclusion of the proceedings, an attorney may refuse to hand over the case file to the client at the client's request if the client has not paid the fee and the reimbursement of costs.
4. It is the duty of an attorney to inform the client of the approximate amount of the costs of representation and to warn the client that the costs to be awarded against the opposing party may be lower than his or her bill (statement of costs).
XVII.APPEARANCE OF THE LAW OFFICE, OFFICE NAME AND SEAL
1. As a rule, a law office should be located in premises with a waiting room. As a rule, an attorney receives clients only in his or her office.
2. The name of the law office (the attorney's first name and surname, and specialisation, if any) should be displayed on the building in which the law office is located.
3. This obligation also applies to joint law offices and law firms. The name of the office or firm should be written in one of the official languages in BiH, without any promotional character, on a metal or other plate.
4. A law office or law firm may have its own seal, which may not be of a promotional character.
5. Every submission must bear a letterhead or a seal.
XVIII.FINAL PROVISIONS
1. The Code of Professional Ethics for Attorneys adopted at the extraordinary Assembly held on 17 September 2005 is hereby repealed.
2. This Code enters into force on the day of its adoption by the Assembly of the Bar Association of the FBiH.
No. 1822/26
23 May 2026
President
of the Bar Association of the FBiH
Ana Primorac, m.p.
Source: “Official Gazette of the Federation of BiH”, No. 72/26 of 11 September 2026. This is an unofficial translation prepared by Azur Prnjavorac, attorney, technically adapted for easier reading; only the original text published in the “Official Gazette of the Federation of BiH”, No. 72/26, is authoritative. Original text in Bosnian.
What is new in the 2026 Code compared with the 2005 Code
The 2026 Code is not a consolidated version of the earlier act but a new instrument, so many of the earlier rules are repeated, although reworded and arranged differently. The overview below highlights the differences that matter in practice for attorneys and their clients. It was prepared by comparing the new text with the 2005 Code, as amended on 27 May 2023, which remains available as an archive. Pactum de quota litis, deleted as early as 2023, does not appear in the new Code.
| Issue | 2005 Code | 2026 Code | Item |
|---|---|---|---|
| Publication and structure | Adopted on 17 September 2005, amended on 27 May 2023; not published in an official gazette. General provisions and sixteen parts. | Published in the “Official Gazette of the FBiH”, No. 72/26. Eighteen parts, with a new introduction and a separate part on basic principles. | I and II 2005: general provisions |
| Professional development | A general duty of the attorney to renew and broaden his or her legal and general education. | An express duty of continuous professional development and attendance at Bar Academy training, for attorneys as well as for legal associates and trainees. | III.13 and IX.21 2005: I.8 |
| Fees below the Tariff | Offering representation at prices below the Tariff was disloyalty without exception. | It remains disloyalty, except where the fee is agreed in the manner set out in Article 37 of the Tariff (hourly rate, fixed amount, monthly flat fee and other models). | III.14 f) 2005: I.9 |
| Liability insurance | The Code itself required compulsory insurance, and failure to take it out was a disciplinary offence. | The Code no longer regulates insurance; the minimum sums insured are now laid down in Article 69 of the 2026 Statute. | none 2005: I.14 |
| Disciplinary framework | A violation of the Code is a breach of professional duty. | Conduct contrary to the Law on the Legal Profession, the Statute, the Rulebook on Risk Assessment for the Prevention of Money Laundering and Financing of Terrorist Activities and the Rulebook on Risk-Based Supervision of the Work of Attorneys is also a violation of the reputation of the legal profession. | III.17 2005: I.16 |
| Tax and incompatible positions | Not regulated. | A duty to pay tax on income from legal practice; a ban on serving as director, representative or member of the management or supervisory board of public enterprises, legal persons and banks with majority State capital. | IV.3 and IV.11 2005: none |
| Reasons for refusing representation | An attorney who refused representation had to state the reasons for the refusal. | That obligation no longer exists; the mandatory and permitted grounds for refusal have been retained. | V.5 to V.9 2005: III.6 |
| Handing over files to the client | An attorney could not withhold the return of original files because of unpaid costs. | An attorney may refuse to hand over the file until the client pays, except where this would cause harmful consequences while proceedings are pending; for files not collected within three months of the invitation, the attorney is entitled to reimbursement of the costs of preparing their return. | XVI.2 and 3, V.24 2005: XIV.2 |
| Substituting for a colleague | A duty to substitute for a colleague; the costs were borne by the attorney who requested the substitution, as a rule half of the Tariff amount. | The rules on the costs of substitution have been omitted; the rule that an attorney acting as a substitute proceeds as in his or her own case has been retained. | IX.11 2005: VII.8 |
| Trainees and legal associates | Payment of the prescribed or agreed remuneration. | Regular payment of the established salary, with the option of an additional bonus; help with opening an office is directed at younger attorneys. | IX.17 and IX.26 2005: VII.14 and VII.20 |
| Professional secrecy | Disclosure of a secret was the “most serious” breach of duty. | Disclosure contrary to the Code is a serious breach of duty; information and communication records are expressly covered by secrecy. | X.3 and X.8 2005: VIII.2 and VIII.7 |
| Obligations towards the bar association | Failure to comply with decisions, untruthful reports, offensive conduct and unpaid obligations. | Added: failure to reply within the time limit set, failure to respond to a summons, withholding information (except to protect professional secrecy) and non-compliance with a decision on the suspension or restriction of practice. | XI.4 2005: IX.4 |
| Public statements | A ban on disclosing information about clients, with no exception in the text. | Disclosure is possible with the client's authorisation; a new duty to distance oneself from media reporting contrary to the Law, the Statute or the Code. | XIII.1 and XIII.5 2005: XI.1 |
| Cooperation with foreign attorneys | Only a ban on acting as the permanent representative of a foreign law office. | A ban on cooperation through which an attorney is falsely presented as a partner or branch of a foreign law office, and a ban on stating such agreements on websites, nameplates and letterheads. | XV.2 and XV.3 2005: XIII.1 |
| Free legal aid | An attorney had to take on the representation of a socially disadvantaged person when so assigned by a body of the Bar Association. | The obligation is linked to the Law on the Legal Profession of the FBiH; the provision on assignment by the Bar Association has been omitted. | XIV.1 2005: XII.2 |
| Nameplate and receiving clients | Name on the nameplate in the Latin script; receiving clients in court corridors and restaurants was undesirable. | Name in one of the official languages in BiH; the sentence on corridors and restaurants has been omitted. | XVII.1 and 3 2005: XV.1 and 2 |
The overview covers the most significant differences and is no substitute for reading the full text of both acts. Each entry shows the part and item of the new Code, with the reference to the earlier Code below it. The text published in the “Official Gazette of the Federation of BiH”, No. 72/26, is authoritative.
The Code in day-to-day work with clients
The rules of the Code are not only a matter of relations between attorneys. Clients feel their effect from the very first meeting: the attorney must inform them of the approximate duration of the proceedings and the costs (Part V, item 11), must not give unrealistic assessments or promise success (Part III, item 15.1) and must not cause them unnecessary costs. That is why the fee is calculated under the Attorney Tariff of the FBiH or under a written agreement pursuant to Article 37 of the Tariff, as explained on the page on legal services and attorney fees. In more complex matters, the client may ask for an in-depth legal analysis of the case before deciding how to proceed.
The duty to settle a dispute where this is in the client's interest (Part V, item 14) and to send the opponent a warning before bringing an action (Part VII, item 4) matters most in debt collection, compensation claims and commercial disputes, where much is resolved without going to court. In divorce cases in the Federation, mediation before divorce serves the same purpose. In inheritance matters and in real estate transactions, the conflict of interest rules (Part V, item 25) determine when an attorney may act for several participants in the same legal transaction and how he or she must then protect the interests of all of them.
For clients living abroad, the Code contains a special rule: the attorney must warn them expressly, and in writing where significant harm is at stake, of the possible outcome of the representation under the regulations of Bosnia and Herzegovina (Part XV, item 4). This is everyday practice in matters of private international law, in renunciation of citizenship of BiH and in tax and VAT matters. In administrative proceedings and administrative disputes, in appeals in public procurement procedures and in insurance law disputes, the rule from Part VIII applies: criticism addressed to a court or authority must never be expressed in an insolent or offensive manner (Part VIII, item 3). The same standards apply when a case continues before the Constitutional Court of BiH or the European Court of Human Rights.
About this text
This page contains an unofficial English translation, prepared by Azur Prnjavorac, attorney, of the full text of the Code of Professional Ethics for Attorneys as published in the “Official Gazette of the Federation of BiH”, No. 72/26. The translation follows the original without additions or omissions, and only the original text in the official languages of Bosnia and Herzegovina is authoritative. The text has been technically adapted for online reading: every part and every numbered item has its own anchor, so it can be cited with a direct link (for example Part III, item 14 or Part V, item 25.1), and the dash in the introductory sentence of Part VI, item 2, of the original text has been replaced with brackets, which this translation also follows.
The Code applies together with the Law on the Legal Profession of the FBiH, the Statute of the Bar Association of the FBiH and the Tariff. Related legislation:
- Law on the Legal Profession of the Federation of BiH (“Official Gazette of the FBiH”, No. 1/25)
- Statute of the Bar Association of the FBiH (“Official Gazette of the FBiH”, No. 66/26), in Bosnian
- Tariff on Fees and Reimbursement of Costs for the Work of Attorneys in the FBiH (“Official Gazette of the FBiH”, No. 43/25)
- Rulebook on Disciplinary Liability of Attorneys (2026), in Bosnian
- Charter of Core Principles of the European Legal Profession and Code of Conduct for European Lawyers, in Bosnian
- Code of Ethics for Attorneys of the Bar Association of Republika Srpska (PDF, in Bosnian)
- Law on the Prevention of Money Laundering and Financing of Terrorist Activities of BiH, in Bosnian
- 2005 Code of Professional Ethics for Attorneys (archive)
Frequently asked questions about the Code of Professional Ethics for Attorneys of the FBiH
What is the Code of Professional Ethics for Attorneys of the FBiH?
The Code of Professional Ethics is a general act of the Bar Association of the Federation of Bosnia and Herzegovina that elaborates the fundamental standards of ethical conduct and business practice of attorneys. It assists attorneys, legal associates and trainee attorneys when they face ethical and professional dilemmas, and failure to comply with its provisions is a disciplinary offence. Text of the provision.
When did the new Code of Professional Ethics enter into force?
The Code was adopted by the Assembly of the Bar Association of the FBiH on 23 May 2026 and entered into force on the day of its adoption. It was published in the Official Gazette of the Federation of BiH, No. 72/26, on 11 September 2026. On the day of its adoption, the Code of Professional Ethics for Attorneys adopted at the extraordinary Assembly on 17 September 2005 ceased to have effect. Text of the provision.
Who does the Code of Professional Ethics apply to?
It applies to attorneys, joint law offices and law firms, legal associates and trainee attorneys in the Federation of BiH, and to attorneys from other States when they act in the territory of the Federation in accordance with the law. A member of the Bar Association who practises in another State must also comply with the international rules of professional ethics and with the rules of that State. Text of the provision.
May an attorney advertise his or her services?
The Code treats as disloyalty attracting clients through offers, intermediaries or advertising, promising a commission for bringing in clients, ostentatiously displaying a specialisation and media appearances that could be understood as self-promotion. An attorney may publish information on the opening or relocation of the office, provided it does not give the impression of advertising, and may notify judicial authorities, colleagues and clients accordingly. Text of the provision.
May an attorney charge less than the Attorney Tariff?
Offering representation at prices lower than those laid down in the Attorney Tariff is disloyalty, unless the fee is agreed in the manner prescribed by Article 37 of the Tariff, which permits a written agreement on an hourly rate or a fixed amount, a monthly amount for ongoing work, a success fee of up to 30% and other models. Text of the provision.
When must an attorney refuse representation?
An attorney shall refuse representation if he or she has provided legal assistance to the opposing party in the same case, if an attorney from the same office or firm has done so, if he or she or someone from the office worked as a trainee attorney with the attorney of the opposing party, if he or she or someone from the office acted in the same case as a judge, prosecutor or official, if he or she has dealt with the case in another professional capacity, if he or she has a personal interest contrary to the client's interest, and in other cases provided for by law and by the acts of the Bar Association. Text of the provision.
How long must an attorney continue to represent a client after terminating the power of attorney?
An attorney must not withdraw in a way that would leave the client without legal assistance in good time. The attorney must continue to represent a client whose power of attorney he or she has terminated until the client finds a new representative, but for no longer than 30 days from the termination, and during that time must take all steps necessary to prevent harmful consequences. Text of the provision.
May an attorney retain the file if the client has not paid?
Under the new Code, yes. If the representation ended during the proceedings, the attorney may refuse to hand over the file until the client pays the costs incurred through the attorney's actions, unless this would cause harmful consequences or make it more difficult for the client to take steps in the proceedings. After the conclusion of the proceedings, the attorney may refuse to hand over the file until the client pays the fee and costs. Text of the provision.
What happens to files that the client does not collect?
If, after the representation has ended and upon the attorney's invitation, the client does not collect the files and documents within three months and later requests them, the attorney is entitled to reimbursement of the costs of preparing their return, calculated under the Tariff for work charged by the hour and for the review of files. Text of the provision.
How long does the duty of professional secrecy last?
The obligation is not limited in time and does not end with the termination of the representation or the conclusion of the proceedings. It also exists towards a person whose representation the attorney did not accept. The secret may be disclosed only with the written consent of the person from whom it originates, or where this is necessary to prove the attorney's innocence in criminal or disciplinary proceedings. Text of the provision.
Which positions may an attorney not hold?
An attorney may not be a representative, director, president or member of the management or supervisory board of a legal person or institution vested with public powers, of a public enterprise or of a legal person with majority State capital, nor a member of the management board, supervisory board or audit committee of a bank with majority State capital, nor a representative of State capital. A senior position in the Bar Association is incompatible with a senior position in a political party. Text of the provision.
May an attorney contact an opposing party who has a lawyer?
No. If the opposing party has a representative, the attorney communicates exclusively with that representative. If the opposing party approaches the attorney directly, the attorney must refer that party to its own lawyer and inform his or her own client and the colleague accordingly. Text of the provision.
When may an attorney take over a client from another attorney?
An attorney must not take on the representation of a client who is already represented by another attorney until the client has revoked that attorney's power of attorney or has informed that attorney that a new attorney is also entering the proceedings. The newly engaged attorney must inform the previous one and shall not begin work until he or she has established that the previous attorney has been paid in full for the work performed. Text of the provision.
May an attorney advertise cooperation with foreign law firms?
An attorney may not act as the permanent representative of a foreign law office or indicate such representation in the name of the office. Nor is cooperation permitted through which the attorney is falsely presented as a partner, a branch or as institutionally connected with foreign attorneys, and stating such agreements on websites, nameplates and letterheads is prohibited. Text of the provision.
Related legislation and legal assistance
The Code of Professional Ethics forms a whole with the Law on the Legal Profession of the Federation of BiH, the new Statute of the Bar Association of the FBiH and the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys. When representing clients in Republika Srpska, an attorney also applies the Code of Ethics of the Bar Association of Republika Srpska, and abroad also the codes of international associations of attorneys.
Legislation and resources related to this act
- Law on the Legal Profession of the FBiH“Official Gazette of the FBiH”, No. 1/25
- Statute of the Bar Association of the FBiH“Official Gazette of the FBiH”, No. 66/26 (in Bosnian)
- Attorney Tariff of the FBiHFees and reimbursement of costs for the work of attorneys
- Rulebook on Disciplinary Liability of Attorneys (2026)Proceedings before the disciplinary bodies of the Bar Association (in Bosnian)
- Charter and Code of Conduct for European LawyersCore principles of the European legal profession (in Bosnian)
- Code of Ethics for Attorneys of Republika SrpskaApplies to representation in Republika Srpska (PDF, in Bosnian)
- Code of Ethics for NotariesComparable ethical act of a related profession (in Bosnian)
- 2005 Code of Professional Ethics (archive)Previous text, repealed with effect from 23 May 2026
Legal assistance from Law Office Prnjavorac
- Attorney in Bosnia and HerzegovinaRepresentation before courts and administrative authorities
- Practice areasOverview of the areas of law covered by the office
- Legal services and attorney feesCalculation of the costs of representation
- Attorney costsCalculation of costs under the Tariff
- Attorney-client privilegeThe duty to protect confidential information
- Court proceedings and dispute resolutionLitigation, enforcement, arbitration and mediation
Practice areas of the office
- Administrative lawAdministrative proceedings and administrative disputes
- Public procurementAppeals in public procurement procedures (in Bosnian)
- Insurance lawDisputes with insurance companies (in Bosnian)
- Compensation for damagePecuniary and non-pecuniary damage
- Real estateSale and purchase, land registration and disputes
- Inheritance lawProbate proceedings and wills
- DivorceProcedure, matrimonial property and children
- Debt collectionWarning letter, action and enforcement
- Commercial disputesDomestic and international commercial disputes
- Tax law and VATTax proceedings and audits
- Private international lawCases with an international element
- Renunciation of citizenship of BiHProcedure without travelling to BiH
- Constitutional Court of BiHAppeals and procedure
- European Court of Human RightsApplications and representation
Representation by city
FBiH legal profession rules in three languages
The Law, the Statute and the Code form the core framework of the legal profession in the Federation of BiH. Each act is available in the original Bosnian text and in unofficial English and German translations.
Law on the Legal Profession of the FBiHOfficial Gazette FBiH No. 1/25
- 🇧🇦 Bosanski: Zakon o advokaturi FBiH
- 🇬🇧 English: Law on the Legal Profession of the FBiH
- 🇩🇪 Deutsch: Gesetz über die Rechtsanwaltschaft der FBiH
Statute of the Bar Association of the FBiHOfficial Gazette FBiH No. 66/26
- 🇧🇦 Bosanski: Statut Advokatske komore FBiH
- 🇬🇧 English: Statute of the Bar Association of the FBiH
- 🇩🇪 Deutsch: Satzung der Anwaltskammer der FBiH
Code of Professional Ethics for Attorneys of the FBiHOfficial Gazette FBiH No. 72/26
- 🇧🇦 Bosanski: Kodeks advokatske etike FBiH
- 🇬🇧 English: This page
- 🇩🇪 Deutsch: Kodex der anwaltlichen Berufsethik der FBiH