Law on the Legal Profession of the Federation of Bosnia and Herzegovina

CHAPTER I. - BASIC PROVISIONS (Articles 1-4)

Article 1(Subject Matter of the Law)

(1) This Law regulates the practice of law, the conditions for practising law, the rights and duties of attorneys, the termination of the right to practise law and the temporary prohibition of legal practice, the practice of law, the legal associate, the trainee lawyer, the attorney examination and continuing professional training, the organisation of the legal profession, the financing of the bar associations, disciplinary liability and the protection of the rights of attorneys, legal associates and trainee lawyers.

(2) This Law provides for partial harmonisation with:

• a) Council Directive of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (77/249/EEC), (L 078, 26 March 1977, p. 17), CELEX No. 31977L0249, latest consolidated version of 1 July 2013,
• b) Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (L 077, 14 March 1998, p. 36), CELEX No. 31998L0005, latest consolidated version of 1 July 2013.

Article 2(Definitions)

(1) Certain terms used in this Law have the following meanings:

• a) attorney means a person enrolled in the Register of Attorneys of the Bar Association of the Federation of Bosnia and Herzegovina (hereinafter: the Bar Association) who has taken the solemn oath and practises law,
• b) domestic attorney means an attorney holding citizenship of the Federation of Bosnia and Herzegovina and of Bosnia and Herzegovina who is enrolled in the Register of the Bar Association, as well as an attorney enrolled in the register of attorneys of the bar association in the Republika Srpska who holds citizenship of the Republika Srpska and of Bosnia and Herzegovina,
• c) foreign attorney means an attorney, law office, law firm or other legal person engaged in legal practice which is enrolled in the register of attorneys of a foreign state or in another corresponding register,
• d) candidate means a person who has submitted an application to a regional bar association (hereinafter: the regional bar association) for enrolment in the Register of Attorneys, until enrolled in the Register of Attorneys and having taken the solemn oath,
• e) client means a domestic or foreign natural or legal person who has approached an attorney for the provision of legal assistance, as well as a person whom the attorney represents or defends,
• f) representation includes the representation and defence of the client,
• g) Code means the rules of professional ethics for attorneys of the Bar Association,
• h) attorney Tariff means the regulation on fees and reimbursement of costs for the work of attorneys in the Federation of Bosnia and Herzegovina (hereinafter: the Federation),
• i) Register of Attorneys means the register of the Bar Association in which attorneys whose offices have their seat in the Federation are enrolled,
• j) joint law office means a law office established by two or more attorneys by a contract regulating their mutual business and property relations,
• k) Register of Joint Law Offices means the register of the Bar Association in which joint law offices having their seat in the territory of the Federation are enrolled,
• l) law firm means a company established in accordance with the law governing the establishment of business companies, as a limited liability company, unless otherwise provided by this Law,

lj) Register of Law Firms means the register of the Bar Association in which all law firms having their seat in the territory of the Federation are enrolled,

• m) legal associate means a law graduate who has passed the bar examination and who has entered into an employment relationship with an attorney, joint law office or law firm, as employer, in order to perform legal work within the employer's activity and for the purpose of additional professional training for work in the legal profession or the judiciary, and who is enrolled in the Register of Legal Associates of the Bar Association,
• n) Register of Legal Associates means the register of the Bar Association in which legal associates are enrolled,
• o) trainee lawyer means a law graduate who, by completing traineeship with an attorney or in a joint law office or law firm, is being trained for work in the legal profession and the judiciary and who is enrolled in the Register of Trainee Lawyers of the Bar Association,
• p) Register of Trainee Lawyers means the register of the Bar Association in which trainee lawyers are enrolled,
• r) attorney examination means an examination testing knowledge of domestic and international regulations and legal acts relating to the legal profession.

(2) Terms which, for the sake of clarity, are used in only one grammatical gender in this Law and in the regulations adopted on the basis of this Law refer, without discrimination, to both men and women.

Article 3(Autonomy and Independence of the Legal Profession)

(1) The legal profession is an independent and autonomous professional activity which ensures the provision of legal assistance to natural and legal persons and to those forms of association which do not have the capacity to be a party but to which the court or other authorities recognise that capacity in proceedings, in the exercise of their rights and legal interests.

(2) The autonomy and independence of the legal profession are achieved through:

• a) the autonomous and independent practice of law,
• b) the client's right to a free choice of attorney,
• c) the organisation of attorneys in the Bar Association as an autonomous and independent organisation of attorneys in the Federation,
• d) decision-making on admission to the legal profession, the disciplinary liability of attorneys and the termination of the right to practise law,
• e) the adoption of the Statute and other regulations of the Bar Association.

Article 4(Powers of Attorneys)

The professional activity referred to in Article 3 paragraph (1) of this Law includes:

• a) giving oral and written legal advice and opinions,
• b) drafting lawsuits, motions, requests, petitions, legal remedies, representations and other submissions,
• c) drafting contracts, wills, settlements, statements, general and individual acts and other documents,
• d) representing and defending domestic and foreign natural and legal persons and those forms of association which do not have the capacity to be a party but to which the court or other authorities recognise that capacity in proceedings,
• e) mediating for the conclusion of a legal transaction or the amicable resolution of a dispute or contentious relationship,
• f) performing other legal assistance services in the name and on behalf of a domestic or foreign natural or legal person and those forms of association which do not have the capacity to be a party but to which the court or other authorities recognise that capacity in proceedings, by which rights are exercised and freedoms and other interests are protected.

CHAPTER II. - CONDITIONS FOR PRACTISING LAW (Articles 5-15)

Article 5(Practice of Law)

(1) Only attorneys may engage in the provision of legal assistance as an occupation, unless otherwise provided by a special law.

(2) The right to practise law is acquired by enrolment in the Register of Attorneys and by taking the solemn oath.

(3) The procedure for acquiring the right to practise law is initiated by the candidate's application for enrolment in the Register of Attorneys, which is submitted to the regional bar association.

Article 6(Enrolment in the Register of Attorneys)

(1) A person who meets the following conditions has the right to be enrolled in the Register of Attorneys:

• a) is a citizen of Bosnia and Herzegovina,
• b) has graduated from a law faculty in Bosnia and Herzegovina or has obtained the title of graduate lawyer (at least 240 ECTS credits), or has graduated from any law faculty in the SFR Yugoslavia by 6 April 1992, and if the person graduated from a law faculty in a foreign state, this condition is met after recognition of that diploma in accordance with the regulations governing the recognition of that diploma and the level of professional education in the Federation,
• c) has passed the bar examination in Bosnia and Herzegovina or in the former SFR Yugoslavia by 6 April 1992, and if the person passed the bar examination in another state, this condition is met after recognition of that examination in the Federation,
• d) has passed the attorney examination in the Federation,
• e) has two years of work experience, after passing the bar examination, in legal work in the legal profession, the judiciary, the notarial profession, administrative authorities or in a legal person,
• f) has the health and legal capacity to practise law,
• g) has not been convicted of a criminal offence which would render the person unfit to practise law,
• h) has not been dismissed from judicial authorities or civil service authorities as a result of a disciplinary measure at any level of government in Bosnia and Herzegovina in the last three years from the date of submitting the application for enrolment in the Register of Attorneys,
• i) is not in an employment relationship at the time of enrolment in the Register of Attorneys,
• j) does not carry on a registered self-employed activity,
• k) is not a member of the supervisory board, a director or a member of the management, the management board or the executive board, or of the audit committee in a public enterprise or in companies with majority state ownership, except in a law firm,
• l) has secured working premises - an office suitable for the practice of law which meets the technical requirements in accordance with the act of the Bar Association,
• m) is not subject to the restrictions prescribed by the Statute.

(2) Restrictions concerning enrolment in the Register of Attorneys which relate to the previous functions and activities of the person seeking enrolment shall be regulated in more detail by the Statute of the Bar Association.

(3) Fulfilment of the conditions for enrolment in the Register of Attorneys referred to in paragraph (1) of this Article is established by the competent body of the regional bar association.

Article 7(Unfitness to Practise Law)

(1) A person is unfit to practise law if convicted by a final decision of a criminal offence against the constitutional order of the Federation, criminal offences of terrorism, criminal offences against the integrity of Bosnia and Herzegovina, the constitutional order and security of Bosnia and Herzegovina, criminal offences against humanity and values protected by international law, criminal offences of corruption and criminal offences against official and other responsible duty, criminal offences against the judiciary, or criminal offences committed out of greed or other base, immoral and dishonourable motives which render the person morally unfit to practise law.

(2) A person is unfit to practise law if found guilty by a final judgment of a criminal offence connected with their work in the legal profession, the judicial authorities or administrative authorities.

(3) A person is unfit to practise law if their previous activity outside the authorities referred to in paragraph (2) of this Article does not guarantee that they will practise law conscientiously. When assessing fitness, all facts and circumstances pointing to a conclusion about the person of the applicant shall be taken into account, which shall be regulated in more detail by the Statute of the Bar Association.

(4) If an application for enrolment in the Register of Attorneys has been rejected because the applicant is unfit to practise law for the reasons referred to in paragraph (3) of this Article, a new application for enrolment may not be submitted before the expiry of five years from the date on which the decision rejecting the application became final.

Article 8(Application for Enrolment in the Register of Attorneys)

(1) Together with the application for enrolment in the Register of Attorneys, the candidate is obliged to submit evidence and data on the fulfilment of the conditions referred to in Article 6 paragraph (1) items a) to f) and h) to l) of this Law.

(2) The regional bar association shall obtain ex officio evidence of the fulfilment of the condition referred to in Article 6 paragraph (1) item g) of this Law.

(3) The competent internal affairs authority is obliged, at the request of the regional bar association, to provide data on the candidate from the criminal records.

Article 9(Handling of the Application)

(1) The application for enrolment in the Register of Attorneys is submitted to the regional bar association, which, within 30 days from the date of submission of the application, establishes whether the conditions referred to in Article 6 of this Law have been met.

(2) The decision on enrolment in the Register of Attorneys is issued by the competent body of the regional bar association.

(3) If the regional bar association rejects the application for enrolment by a decision, the applicant may lodge an appeal against that decision with the Bar Association within 15 days.

(4) The regional bar association shall, without delay, forward the decision on enrolment referred to in paragraph (1) of this Article to the Bar Association, which is obliged to confirm the existence of the conditions for enrolment within 30 days from the date of receipt.

(5) If the Bar Association confirms the existence of the conditions for enrolment, enrolment in the unified Register of Attorneys shall be carried out.

(6) If the Bar Association establishes that the conditions have not been met, it shall annul the decision of the regional bar association on enrolment and return the matter to the regional bar association for reconsideration.

(7) No appeal is allowed against the decision of the Bar Association issued on an application for enrolment in the Register of Attorneys, but an administrative dispute may be initiated before the competent court.

(8) The Bar Association is obliged to notify the bar association in the Republika Srpska, without delay, of a final decision rejecting an application for the enrolment of an attorney.

Article 10(Annulment of the Decision on Enrolment)

(1) The Bar Association shall, exercising its right of supervision, annul the decision on enrolment in the Register of Attorneys if:

• a) the candidate does not take the solemn oath in accordance with Article 11 of this Law,
• b) it is established after enrolment in the Register of Attorneys that the conditions for issuing the decision on enrolment in the Register of Attorneys were not met,
• c) within the period referred to in Article 15 paragraph (1) of this Law, the person does not conclude a professional liability insurance contract and does not submit proof of its conclusion to the regional bar association.

(2) The procedure for annulment of the decision on enrolment in the Register of Attorneys is initiated ex officio or on the basis of a report.

(3) The Bar Association is obliged, without delay and at the latest within eight days, to notify the attorney against whom the procedure has been initiated of the initiation of the procedure referred to in paragraph (2) of this Article.

(4) The procedure for annulment of enrolment referred to in paragraph (1) of this Article shall be conducted in accordance with the provisions of this Law and the regulations of the Bar Association.

Article 11(Solemn Oath)

(1) The Bar Association is obliged, within 30 days from the date of issuance of the decision on enrolment in the Register of Attorneys, to enable the candidate to take the solemn oath, provided that the candidate has paid the enrolment costs.

(2) The solemn oath is taken before the President of the Bar Association or a person authorised by the President.

(3) The text of the solemn oath reads:

“I solemnly declare that I shall practise law conscientiously and professionally, that in my work I shall abide by the Constitution of Bosnia and Herzegovina, the Constitution of the Federation of Bosnia and Herzegovina, the laws, the statutes of the bar associations, the Code, the Charter of Core Principles of the European Legal Profession and the Code of Conduct for European Lawyers, and that in my work I shall protect the reputation of the legal profession and fulfil all obligations towards the Bar Association of the Federation of Bosnia and Herzegovina”.

Article 12(Attorney ID Card)

(1) After the candidate has taken the solemn oath, the Bar Association shall issue an attorney ID card on the basis of the data contained in the Register of Attorneys.

(2) The attorney ID card is signed by the President of the Bar Association.

(3) The attorney ID card contains the first name and surname of the attorney, their photograph, the serial number, the day, month and year of enrolment in the Register of Attorneys, as well as other data relevant to establishing the status of attorney.

(4) The form, content, design, records and other matters relating to the issuance and use of the attorney ID card are regulated by a rulebook adopted by the President of the Bar Association.

Article 13(Use of the Attorney ID Card)

(1) An attorney is obliged, at the request of the court or other authority before which the proceedings are conducted, to present the attorney ID card for inspection.

(2) In the event of doubt as to the status of a person presenting themselves as an attorney, the authority conducting the proceedings may request the necessary information from the Bar Association, and the Bar Association is obliged to act on the request without delay.

Article 14(Foreign Attorneys)

(1) A foreign attorney may, subject to reciprocity, represent clients in specific judicial and administrative proceedings.

(2) A foreign attorney may carry out the representation referred to in paragraph (1) of this Article exclusively on the basis of the prior consent of the Federal Ministry of Justice.

(3) Information on the existence and conditions of reciprocity referred to in paragraph (1) of this Article is obtained by the Federal Ministry of Justice from the Ministry of Foreign Affairs of Bosnia and Herzegovina.

(4) When submitting an application for the consent referred to in paragraph (2) of this Article, the foreign attorney is obliged to submit proof of enrolment in the Register of Attorneys of the home state.

Article 15(Obligation of Liability Insurance)

(1) An attorney is obliged, no later than 15 days from the date of taking the attorney's solemn oath, to conclude a professional liability insurance contract for a sum not lower than the minimum sum insured for professional liability damage established by this Law, and to submit proof thereof to the regional bar association.

(2) Where the consent referred to in Article 14 paragraph (2) of this Law has been obtained, the foreign attorney is obliged to conclude a professional liability insurance contract with a legal person registered in Bosnia and Herzegovina for this type of insurance and to submit it to the Federal Ministry of Justice within 15 days from the date of obtaining the consent.

(3) If the foreign attorney fails to act in accordance with paragraph (2) of this Article, the Federal Ministry of Justice shall annul the consent referred to in Article 14 paragraph (2) of this Law and notify the court or other authority in the specific case thereof.

CHAPTER III. - RIGHTS AND DUTIES OF ATTORNEYS (Articles 16-41)

Article 16(Duties of Attorneys)

An attorney is obliged:

• a) to engage in the practice of law as their sole occupation;
• b) to provide legal assistance professionally and conscientiously, in accordance with the constitution, the law, the Statute of the Bar Association and the Code of Professional Ethics for Attorneys of the Federation of Bosnia and Herzegovina (hereinafter: the Code);
• c) to keep attorney-client privilege;
• d) to safeguard the reputation of the legal profession in their professional work and in their private life to the extent that it is accessible to the public.

Article 17(Rights and Duties in Taking Legal Actions)

An attorney has the right and the duty to take the legal actions for which the client has authorised them and which may benefit the client in exercising the client's rights and interests.

Article 18(Attorneys of the Bar Association in the Republika Srpska)

An attorney enrolled in the register of attorneys of the bar association in the Republika Srpska has the right to practise law also in the territory of the Federation, but does not have the right to establish in the Federation a business unit, a representative office or any other form of organisation of work.

Article 19(Provision of Legal Assistance)

(1) An attorney is obliged to provide legal assistance to a client who approaches them and may refuse it only for reasons prescribed by law.

(2) An attorney may not refuse to provide legal assistance if appointed as representative or defence counsel in accordance with the law by a court, another state authority or the Bar Association, unless there are statutory grounds on which the attorney is obliged to refuse the representation, or unless the attorney, according to their written statement, does not provide services in that area of law.

Article 20(Refusal to Provide Legal Assistance)

(1) An attorney is obliged to refuse to provide legal assistance:

• a) if they have represented the opposing party in the same legal matter,
• b) if they are or have been a member of a joint law office or law firm in which the opposing party is or has been represented in the same legal matter,
• c) if they acted in the same legal matter as the holder of a judicial office or as an official in a state authority or in an authority of a local self-government unit,
• d) if, before the expiry of two years from the termination of their judicial office or of their position as an official in a state authority or in an authority of a local self-government unit, the attorney is approached for legal assistance by a person in whose same or other legal matter they acted in those capacities,
• e) if the interests of the client seeking legal assistance conflict with their interests or with the interests of their close relatives, friends, associates or other clients, as prescribed by the Statute of the Bar Association and the Code,
• f) if they were a trainee lawyer or legal associate in a law office, joint law office or law firm in which the opposing party is or has been represented in the same legal matter.

(2) An attorney may also refuse to provide legal assistance in other cases established by law, the Statute of the Bar Association and the Code.

Article 21(Free Legal Assistance)

(1) The regional bar associations are obliged to actively ensure the free provision of legal assistance to socially vulnerable persons in legal matters in which those persons exercise rights related to their status, as well as in other cases provided for by the general regulations of the Bar Association.

(2) The Bar Association shall, by its regulation, determine the conditions for the free provision of legal assistance referred to in paragraph (1) of this Article, as well as the number of cases per year in which free legal assistance shall be provided.

Article 22(Obligation to Keep and Return Files)

(1) After termination of representation, an attorney is obliged to hand over the case file to the client at the client's request.

(2) If the representation was terminated 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 reimbursement of costs and the fee incurred by the attorney's actions in the proceedings, unless this could cause harmful consequences for the client or would make it difficult or impossible for the client to take actions in the proceedings.

(3) An attorney may refuse to hand over the case file to the client at the client's request after the conclusion of the proceedings if the client has not paid the fee and reimbursement of costs referred to in Article 27 of this Law.

(4) An attorney is obliged to inform their client of the status of the case.

(5) An attorney is obliged to keep the files of a client who has not collected them, or which could not be delivered to the client, for five years from the date on which the proceedings were concluded by a final decision or from the date of termination or revocation of the power of attorney.

Article 23(Attorney-Client Privilege)

(1) An attorney is obliged, in accordance with the Statute and the Code, to keep as attorney-client privilege, and to ensure that the persons employed in their law office, joint law office or law firm do the same, everything that the client or the client's authorised representative has confided to them or that they have otherwise learned or obtained in the matter in which they provide legal assistance, during preparation, in the course of representation and after termination of representation.

(2) The attorney-client privilege referred to in paragraph (1) of this Article must also be kept by other persons who work or have worked in the law office, joint law office or law firm.

(3) By way of exception to paragraphs (1) and (2) of this Article, the obligation to keep attorney-client privilege ceases on the basis of the client's express authorisation, as well as where the client has initiated disciplinary proceedings against the attorney, where this is necessary for the attorney's defence in criminal proceedings initiated against them, where the attorney suspects that a serious criminal offence is about to be committed, and where the attorney initiates proceedings to recover the costs and expenses owed to them by the client.

(4) The manner of keeping attorney-client privilege and conduct in connection with attorney-client privilege are regulated by the Statute and the Code.

Article 24(Exemption from Criminal Liability)

An attorney may not be held criminally liable for a legal opinion expressed in the provision of legal assistance in proceedings before a court, outside the court or before other authorities.

Article 25(Incompatibility with the Practice of Law)

(1) An attorney may not be a representative, director or member of the management board or supervisory board of a legal person in institutions with public authority, public enterprises or legal persons 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 they perform such duties to any extent or hold a public office which is incompatible with the practice of law.

(2) The Statute and the Code shall determine in more detail the duties referred to in paragraph (1) of this Article and may also provide for other duties which are incompatible with the reputation and independence of the legal profession.

Article 26(Representation by a Legal Associate and a Trainee Lawyer)

(1) In representing a client, under the conditions provided by law, an attorney may be substituted by a legal associate or a trainee lawyer working in their office or in the office of the attorney substituting for them.

(2) The attorney, joint law office or law firm employing the legal associate or the trainee lawyer is liable for that person's omissions.

Article 27(Fees and Reimbursement of Costs)

(1) An attorney has the right to a fee and reimbursement of costs for their work, in accordance with the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys in the Federation of Bosnia and Herzegovina (hereinafter: the Tariff), which is adopted by the Bar Association after obtaining the consent of the Federal Minister of Justice.

(2) The amount of the fee payable to attorneys for ex officio defence shall be determined by the Federal Minister of Justice in consultation with the Bar Association.

(3) An attorney is obliged to issue an invoice to the client after fully carrying out the client's instruction relating to the requested legal service, as well as upon receipt of an advance payment.

(4) The Tariff referred to in paragraph (1) of this Article is published in the “Official Gazette of the Federation of BiH”.

Article 28(Agreement on a Success-Based Fee for Legal Assistance)

(1) Attorneys may also agree with the client on a fee for their work in proportion to the success in the proceedings or in the legal actions they will take for the client, under the conditions established by the Tariff.

(2) The agreement referred to in paragraph (1) of this Article is valid only if concluded in writing.

Article 29(Right of Set-off and Lien)

(1) For costs and a fee that has fallen due, an attorney may satisfy their claim from the cash which their client has deposited with them or which they have received or collected on the client's behalf, unless otherwise agreed between the attorney and the client, but in that case the attorney is obliged to settle accounts with the client without delay.

(2) An attorney has a lien over monetary funds received on behalf of the client to secure the collection of the fee and reimbursement of costs.

Article 30(Prohibition of Advertising)

(1) Advertising by attorneys, joint law offices and law firms is prohibited.

(2) In the territory of the Federation, the prohibition referred to in paragraph (1) of this Article also applies to attorneys and other forms of work and practice of law enrolled in the corresponding registers of the bar association in the Republika Srpska and of bar associations from abroad.

(3) Liability for prohibited advertising lies both with the member of the Bar Association who engages in such advertising and with the member of the Bar Association who has accepted being advertised by other persons.

(4) The prohibition of advertising, liability for breach of this prohibition and the permitted manner of presentation are regulated in more detail by the Statute of the Bar Association and the Code.

Article 31(Law Office)

(1) An attorney who practises law independently may have only one office.

(2) An attorney, as a rule, provides legal assistance in their law office, at hearings, main hearings, on-site inspections, reconstructions, negotiations or the conclusion of legal transactions, and in other places necessary for providing legal assistance to the client, which is regulated in more detail by the Statute of the Bar Association.

(3) An attorney freely chooses and changes the seat of their office in the territory of the Federation.

(4) An attorney must report every intended change of the seat of the office to the regional bar association in whose area they have their seat, after which the regional bar association shall establish whether the conditions for the operation of that law office at the new seat are met, and the regional bar association shall notify the Bar Association thereof.

(5) In the event of a change of the seat of a law office from one regional bar association to another, the attorney is obliged to notify thereof the regional bar association where they have their seat and the regional bar association in whose area they intend to have their seat. The regional bar association in whose area the attorney will have the intended seat shall establish whether the conditions for the operation of that law office are met.

(6) Every change of the seat of a law office is entered in the corresponding register of the regional bar association of the attorney's new seat.

(7) The regional bar association is obliged to make the entry referred to in paragraph (6) of this Article and to notify the Bar Association and the regional bar association of the attorney's previous seat thereof within 15 days from the date of the change.

Article 32(Attorney's Sign)

An attorney is obliged to display, on the building in which their law office is located, a sign bearing the text: “ATTORNEY” and the first name and surname of the attorney, the form and content of which are regulated by a regulation of the Bar Association.

Article 33(Seal)

(1) An attorney has a seal containing the text: “ATTORNEY”, the first name and surname of the attorney and the name of the place where the law office has its seat, the form and content of which are regulated by a regulation of the Bar Association.

(2) An attorney who is a member of a joint law office or law firm is obliged, in addition to the seal of those forms of organisation of attorneys' work, to have and use the seal referred to in paragraph (1) of this Article.

(3) An attorney is obliged to affix their signature and seal to every document, letter or submission they have drawn up.

Article 34(Termination of Representation)

(1) An attorney is obliged to terminate the power of attorney for representation for the same reasons for which, under Article 20 of this Law, they are obliged to refuse to provide legal assistance.

(2) An attorney may terminate the power of attorney for representation for the reasons prescribed in the Code.

(3) An attorney is obliged to notify the client and the authority before which the proceedings are conducted of the termination of representation without delay.

(4) An attorney is obliged to continue providing legal assistance to the client even after terminating the representation, if this is necessary to avert harm from the client they represent, but for no longer than 30 days from the date of termination of the power of attorney.

(5) An attorney is not obliged to act in accordance with paragraph (4) of this Article if the client has expressly released them from that obligation.

Article 35(Membership Fee and Other Financial Obligations)

An attorney is obliged to pay the membership fee to the Bar Association regularly and to fulfil their other financial obligations towards it.

Article 36(Inspection of the Law Office)

Files, deeds, documents and other data from cases located in a law office may be subject to inspection only under the conditions referred to in Article 37 of this Law.

Article 37(Search of the Law Office)

(1) A search of an attorney and of a law office may be ordered only by the competent court, if the conditions provided for by the law on criminal procedure are met.

(2) When the court orders a search of an attorney and of a law office, it shall notify thereof the regional bar association in whose area the office to be searched is located. The search may not be started or conducted without the presence of an authorised representative of the regional bar association, unless they fail, without justified reason, to respond to a proper and timely summons to attend the search.

(3) During a search of an attorney and of a law office, the confidentiality of documents and items must not be breached to the detriment of the client.

(4) A search of an attorney and of a law office shall be limited exclusively to the examination of only those documents and only those items which are directly connected with the criminal offence for which the proceedings are conducted and which are individually listed in the court order.

(5) Evidence obtained contrary to the provisions of this Article may not be used in proceedings against the attorney and their client.

(6) The court conducting the proceedings is obliged to notify the regional bar association immediately of a search, of the initiation of proceedings against an attorney and of the ordering of detention of an attorney.

Article 38(Obtaining Information, Files and Evidence)

(1) An attorney has the right, for the purpose of providing legal assistance, to request and receive in good time from state or other competent authorities, institutions, business companies and other organisations the information, files and evidence in their possession or under their control.

(2) State or other competent authorities, institutions and business companies are obliged, in accordance with this Law, to give the attorney access to the information, files and evidence referred to in paragraph (1) of this Article.

Article 39(Liability Insurance)

(1) For damage caused in the practice of law, an attorney is liable under the general rules on liability for damages.

(2) An attorney is obliged to conclude a professional liability insurance contract with a legal person registered for this type of insurance.

(3) The Bar Association may conclude a framework professional liability insurance contract and a collective professional liability insurance contract for all attorneys enrolled in the Register of Attorneys.

(4) The Bar Association determines the minimum sum insured for professional liability damage.

(5) The Bar Association shall refuse to issue an attorney ID card to an attorney who does not submit proof of having concluded an insurance contract, except in the case of the collective insurance referred to in paragraph (3) of this Article.

(6) If an attorney, joint law office or law firm fails to submit proof of insurance, the Bar Association shall temporarily prohibit their work until the day on which proof of fulfilment of this obligation is submitted.

Article 40(Amount of the Sum Insured)

(1) The minimum sum insured per insured event, without limitation on the number of events, is:

• a) 250,000 KM for an attorney, regardless of whether they practise law independently, as a member of a joint law office or as a member of a law firm,
• b) 1,000,000 KM for a law firm.

(2) If, on the day on which the insured event occurs, a law firm has not concluded an insurance contract for the sum insured referred to in paragraph (1) of this Article, the members of that firm are jointly and severally liable for the obligation of that firm up to the amount of the minimum sum insured prescribed for that law firm.

Article 41(Tax Obligations)

An attorney is obliged to pay tax on the income earned from providing legal services in accordance with tax regulations.

CHAPTER IV. - TERMINATION OF THE RIGHT TO PRACTISE LAW AND TEMPORARY PROHIBITION OF LEGAL PRACTICE (Articles 42-49)

Article 42(Termination of the Right to Practise Law)

(1) An attorney's right to practise law terminates:

• a) if they lose citizenship of Bosnia and Herzegovina or of the Federation of Bosnia and Herzegovina;
• b) at their personal request, from the date specified in the request, and where the request for deletion from the Register of Attorneys does not specify a date of termination of the right to practise law, or specifies a date preceding the date of submission of the request, from the date of submission of the request;
• c) in the event of death or of being declared dead;
• d) in the event of full or partial loss of legal capacity;
• e) in the event of loss of the health capacity to practise law;
• f) in the event that the disciplinary measure of deletion from the Register of Attorneys is imposed;
• g) in the event that grounds of unfitness referred to in Article 7 of this Law arise;
• h) in the event that the security measure of prohibition of practising law is imposed in criminal proceedings;
• i) in the event of commencing to serve a prison sentence of more than six months;
• j) in the event that law is not practised continuously for more than six months;
• k) in the event of carrying on an activity referred to in Article 25 of this Law;
• l) in the event that they do not conclude a professional liability insurance contract;

lj) if they fail to pay the membership fee and other financial contributions to the bar associations for a period of more than six months in one calendar year,

• m) if they enter into an employment relationship outside the practice of law.

(2) An attorney shall also be deemed not to have practised law continuously for more than six months if, within that period, documents could not be delivered to them at the address of the seat of the law office, which is established by a decision of the competent regional bar association.

(3) The competent regional bar association is obliged, within 15 days from the date on which any of the grounds for termination of the right to practise law referred to in paragraph (1) of this Article arises, to carry out the deletion from the Register of Attorneys and to appoint a liquidator of the cases of the law office.

(4) In the cases referred to in paragraph (1) items c), g) and h) of this Article, the right to practise law terminates on the date on which the decision of the competent court becomes final. In all other cases, the right to practise law terminates on the date on which the decision became final, or on the date specified therein.

(5) If an attorney has ceased to practise law at their personal request, they are obliged to propose a liquidator of their law office themselves.

(6) The provisions of paragraphs (1) to (4) of this Article apply mutatis mutandis to legal associates and trainee lawyers.

Article 43(Competence for Decision-Making)

(1) The decision on the termination of the right to practise law is issued by the competent body of the regional bar association and verified by the Bar Association, in the same manner and under the same procedure as for enrolment in the Register of Attorneys.

(2) If the competent body of the regional bar association does not issue the decision referred to in paragraph (1) of this Article although it is aware that one of the conditions for termination of the right to practise law has arisen, the Bar Association is authorised to issue directly a decision on the termination of the practice of law and on deletion from the Register of Attorneys. This decision is final.

(3) An appeal against the decision of the regional bar association may be lodged with the Bar Association within 15 days from the date of receipt of the first-instance decision.

(4) An administrative dispute may be initiated against the final decision of the Bar Association.

Article 44(Re-enrolment in the Register of Attorneys)

(1) An attorney may not be re-enrolled in the Register of Attorneys if convicted of a criminal offence which renders them unfit in accordance with Article 7 of this Law, or if the disciplinary measure of permanent loss of the right to practise law has been imposed on them.

(2) If an attorney's right to practise law has terminated on the basis of a security measure or a disciplinary measure, they acquire the right to submit an application for re-enrolment upon the expiry of the period for which the measure was imposed.

(3) In other cases, an attorney whose right to practise law has terminated may request re-enrolment in the Register of Attorneys once the reasons for which the practice of law ceased no longer exist.

Article 45(Temporary Cessation of Legal Practice)

(1) An attorney has the right to a temporary cessation of the right to practise law for as long as the following reasons last:

• a) for the purpose of professional development or for other justified reasons, and during temporary inability to work, for as long as those reasons last;
• b) during temporary inability to work due to illness, maternity leave, or leave to care for a child or other family members.

(2) An attorney is obliged, no later than 30 days before starting to exercise the right referred to in paragraph (1) item a) of this Article, and within 30 days from the onset of the temporary inability to work referred to in paragraph (1) item b) of this Article, to submit to the regional bar association a reasoned request for recognition of the right to a temporary cessation of legal practice, together with appropriate evidence and data on the start and duration of the temporary cessation of legal practice.

(3) An attorney's right to practise law ceases temporarily in the event of election, appointment or designation to a public office in an authority of Bosnia and Herzegovina, the Federation, a canton or a local self-government unit.

(4) An attorney is obliged, before taking up the public office referred to in paragraph (3) of this Article, to submit to the regional bar association a request for a temporary cessation of the right to practise law.

(5) If an attorney fails to comply with the obligation referred to in paragraph (2) of this Article, the regional bar association shall ex officio issue a decision on their deletion from the Register of Attorneys.

(6) If an attorney, within 30 days from the date of termination of the public office referred to in paragraph (3) of this Article, does not submit a request for approval to continue practising law, the regional bar association shall issue a decision on their deletion from the Register of Attorneys as of the date of termination of the public office.

Article 46(Temporary Substitute)

(1) By the decision on the temporary cessation of the right to practise law referred to in Article 45 of this Law, the regional bar association shall appoint a temporary substitute for the attorney.

(2) Only an attorney enrolled in the Register of Attorneys of the Bar Association may be the temporary substitute referred to in paragraph (1) of this Article.

(3) The attorney proposed by the temporarily substituted attorney shall be appointed as temporary substitute, provided that the written consent of that attorney is enclosed, and if there is no such proposal or consent, the temporary substitute shall be appointed by the regional bar association, taking into account the mutual relations between the temporarily substituted attorney and their possible substitute and the similarity of the areas of law in which they practise, as well as the reputation of the legal profession.

Article 47(Temporary Prohibition of Legal Practice)

(1) A temporary prohibition of legal practice may be imposed only under the conditions prescribed by this Law.

(2) An attorney shall be temporarily prohibited from practising law:

• a) if detention has been ordered against them;
• b) if criminal or disciplinary proceedings have been initiated against them for an offence or violation which renders them unfit to practise law, and they obstruct or prevent, by their conduct, the conduct of the disciplinary proceedings initiated against them;
• c) if proceedings have been initiated for the deletion of their enrolment from the Register of Attorneys;
• d) if they do not carry on their practice at the address registered with the regional bar association;
• e) if they have not paid the membership fee for six months;
• f) if they do not submit proof of having renewed their liability insurance before the expiry of the valid insurance policy;
• g) if, by the end of February of the current year, they have not settled all obligations towards the regional bar association that fell due up to and including the end of the previous year.

(3) The regional bar association shall, by the decision imposing the temporary prohibition of legal practice, decide on the duration of the prohibition.

(4) If the attorney submits proof that the reason for issuing the decision on the temporary prohibition of legal practice has ceased to exist, a decision on the termination of the prohibition shall be issued.

Article 48(Appeal Against the Decision)

(1) An appeal against a decision on the temporary prohibition of legal practice does not stay its enforcement.

(2) The appeal is decided by the competent body of the Bar Association within the period established by the Statute of the Bar Association.

(3) The Bar Association notifies the bar association in the Republika Srpska, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, the Constitutional Court of the Federation of Bosnia and Herzegovina and the Supreme Court of the Federation of Bosnia and Herzegovina of the temporary prohibition of legal practice, and the regional bar associations notify the courts according to the seat of the attorney's law office.

(4) More detailed provisions on the procedure for and duration of the temporary prohibition of legal practice shall be regulated by the Statute of the Bar Association.

Article 49(Obligation to Notify the Bar Association)

A court or authority which conducts criminal proceedings against an attorney, legal associate or trainee lawyer, or which has established the loss of health capacity and legal capacity or the loss of citizenship, is obliged to notify the Bar Association thereof within eight days from the date of issuance of the decision.

CHAPTER V. - PRACTICE OF LAW (Articles 50-67)

Article 50(Forms of Attorneys' Work)

(1) An attorney practises law independently, as a member of a joint law office or as a member of a law firm.

(2) All forms of attorneys' work are identified by a seal, a sign and other forms of identification, the form and content of which are regulated by the general regulations of the Bar Association, as well as by the enrolment documents and the founding acts.

(3) The provisions of this Law regulating the status of attorneys also apply to joint law offices and law firms, unless otherwise provided by this Law.

Article 51(Independent Practice of Law)

An attorney may practise law independently and in doing so may have only one office.

Article 52(Joint Law Office)

(1) Two or more attorneys may, by a contract regulating their mutual business and property relations, establish a joint law office (hereinafter: the law office).

(2) The contracting parties are obliged to submit the contract referred to in paragraph (1) of this Article and the application for enrolment in the Register of Joint Offices to the Bar Association within 15 days from the date of conclusion of the contract.

Article 53(Operation of a Joint Office)

(1) All attorneys of a joint office have the seat of the office in the same place and in the same working premises.

(2) A joint office must have at its disposal an office suitable for the practice of law in that form of work.

(3) A joint office must display a sign bearing the text: “JOINT LAW OFFICE”, its specific name, if any, and the names of the members of the joint office, in accordance with the founding contract and the Statute.

(4) A joint office has a seal in the centre of which is the text: “JOINT LAW OFFICE”, its specific name, if any, the names of the members of the joint office and the name of the place where the joint office has its seat, in accordance with the founding contract and the Statute.

(5) A joint office does not have the status of a legal person, but has the status of a single taxpayer.

(6) A joint office ceases to exist by agreement or if only one attorney remains in it.

Article 54(Rules of Representation and Obligations of a Joint Office)

(1) A client may authorise for representation only one attorney, some of the attorneys or all attorneys in a joint office.

(2) If the power of attorney for representation has not been given to all attorneys of the joint office, only those attorneys of the joint office in whose name the power of attorney has been given are liable for obligations towards the client who issued the power of attorney.

(3) The attorneys in a joint office are jointly and severally liable for obligations arising in the course of the work of the joint office.

Article 55(Conclusion of Employment Contracts)

(1) The attorneys of a joint office may conclude employment contracts with persons who will perform administrative, technical, financial and other tasks for those entities.

(2) With regard to the rights and obligations of employees in a joint office which are not regulated by the employment contract, the provisions of the Labour Law apply.

Article 56(Law Firm)

(1) A law firm, as a legal person, is established in accordance with the Law on Business Companies and this Law, as a limited liability company.

(2) A law firm may also have branches, provided that each branch has at least one attorney employed full-time. The procedure for establishing a branch is carried out under the same conditions as the procedure for registering a law firm.

(3) The activity of a law firm is limited to the practice of law, in accordance with the provisions of this Law.

(4) Only attorneys who are members of the Bar Association and who practise law in that law firm may be members of a law firm.

(5) The practice of law within a law firm may be entrusted to attorneys, legal associates and trainee lawyers employed in the law firm.

(6) The rights, obligations and responsibilities prescribed by this Law for attorneys in carrying out their activity also apply to attorneys employed in a law firm.

(7) A law firm may not establish another business company.

Article 57(Establishment of a Law Firm)

(1) In order to establish a law firm, the founding attorneys are obliged to obtain the prior consent of the Bar Association, which is given if it is assessed that the content and form of the founding decision or contract are in accordance with this Law, the Statute and the Code. The consent of the Bar Association is also required for amendments to the founding act and the statute of the law firm.

(2) The consent referred to in paragraph (1) of this Article is a condition for entry in the Register of Business Entities of the competent court and in the Register of Law Firms of the Bar Association.

(3) A law firm is obliged to notify the regional bar association of its entry in the relevant register of business entities of the competent court within eight days of receiving the notification and the decision of the competent court on the entry.

(4) The regional bar association is obliged to enter the law firm in the Register of Law Firms within eight days from the date of receipt of the notification referred to in paragraph (3) of this Article.

(5) A law firm and its attorneys may not provide legal assistance before the law firm has been entered in the Register of Law Firms of the Bar Association.

Article 58(Operation of a Law Firm)

(1) A law firm may have only one law office, at the seat of the firm.

(2) A law firm must display a sign bearing the text: “LAW FIRM” and the name of the firm, in accordance with the founding contract and the Statute.

(3) A law firm has a seal bearing the text: “Law firm”, the name of the firm and the name of the place where the firm has its seat.

(4) The provisions of paragraphs (1), (2) and (3) of this Article apply mutatis mutandis to branches of a law firm.

Article 59(Deletion of a Law Firm)

(1) The regional bar association shall issue a decision on deletion from the Register of Law Firms and carry out the deletion from the Register of Law Firms upon the occurrence of the following reasons:

• a) if a court, by its decision, prohibits the law firm from operating;
• b) if the law firm has not carried on its activity continuously for more than six months;
• c) if all members of the firm are deleted from the Register of Attorneys.

(2) An appeal against the decision referred to in paragraph (1) of this Article may be lodged with the Bar Association within 15 days.

(3) The decision of the Bar Association on an appeal concerning the deletion of a law firm is final, and an administrative dispute may be initiated against it.

(4) In the procedure for the deletion of a law firm from the Register of Law Firms, the provisions of this Law and the Statute apply mutatis mutandis.

(5) The Bar Association is obliged to notify the competent registry court, without delay, of the issuance of the decision referred to in paragraph (1) of this Article, for the purpose of conducting the relevant procedure for deletion from the Register of Business Entities.

(6) A law firm ceases to practise law on the date of its deletion from the Register of Law Firms.

(7) The Bar Association shall take all necessary measures to protect the interests of the clients who were represented by the law firm deleted from the Register of Law Firms.

Article 60(Liability of a Law Firm)

A law firm is liable for the practice of law under the general rules on liability.

Article 61(Change of the Seat of a Law Firm)

A law firm is obliged to notify the regional bar association of any change of the seat of the firm in the territory of the Federation no later than 15 days from the date of the change of seat.

Article 62(Cooperation)

(1) Attorneys, joint offices and law firms may establish contractual cooperation with other domestic attorneys, law offices and law firms or with foreign attorneys for the purpose of performing certain tasks of common interest and providing mutual assistance.

(2) Cooperation contracts must be based on the principles of equality and mutual trust and may not place individual attorneys, joint offices or law firms in a subordinate position. The more detailed conditions and manner of the contractual cooperation referred to in paragraph (1) of this Article shall be regulated by the Statute of the Bar Association.

(3) Any form of cooperation with business companies of Bosnia and Herzegovina which are not registered for the practice of law and which, without authorisation, engage in offering, contracting or charging for legal services is not permitted.

(4) Any form of cooperation with foreign attorneys is not permitted if they use such cooperation to falsely present an attorney who is a member of the Bar Association as an attorney of their firm, as a partner, as their branch or as the existence of any form of institutional connection with them.

(5) Attorneys, joint law offices and law firms are prohibited from stating, on websites, the displayed sign, letterhead and the like, the fact that an agreement and cooperation referred to in paragraph (1) of this Article exist.

(6) A violation of the provisions of paragraphs (3), (4) and (5) of this Article is considered a serious violation of an attorney's duty.

Article 63(Transfer of Shares)

(1) A share in a law firm may be transferred only to an attorney enrolled in the Register of Attorneys of the Bar Association.

(2) In the event of a transfer of a share other than by inheritance or gift, the members of the law firm have a right of pre-emption over that share.

(3) A transferor who transfers ownership in a law firm is obliged to notify all its members of the intention to sell, through the management of the law firm.

Article 64(Liquidation Procedure)

(1) A liquidation procedure is conducted in respect of a law firm where a final decision of the Bar Association on the deletion of the law firm from the Register of Law Firms has been issued.

(2) A law firm is obliged to initiate the liquidation procedure within 15 days from the date of service of the decision referred to in paragraph (1) of this Article.

(3) If the law firm does not initiate the liquidation procedure within the period referred to in paragraph (2) of this Article, the regional bar association is obliged to initiate it within 30 days from the expiry of the period referred to in paragraph (2) of this Article.

Article 65(Liquidator of a Law Firm)

(1) The attorney who is a member of the law firm and whose share exceeds 50%, or who has the consent of the members of the firm holding more than 50% of the shares, is appointed as liquidator.

(2) By way of exception to paragraph (1) of this Article, the attorney proposed by the Bar Association shall be appointed as liquidator in the following cases:

• a) where the attorney referred to in paragraph (1) of this Article does not accept appointment as liquidator;
• b) where there is no such attorney (in the event of the death of the sole founder);
• c) where the members of the firm do not reach the agreement referred to in paragraph (1) of this Article,
• d) where the Bar Association considers that, given the reasons for which it issued the decision on deletion of the law firm from the Register of Law Firms, the attorney referred to in paragraph (1) of this Article would not be able to perform the duty of liquidator.

Article 66(Handover of Files)

(1) The liquidator shall, without delay and at the latest within 30 days from the date of the liquidator's appointment, except in the case referred to in Article 22 paragraph (2) of this Law, notify the clients of the cessation of the practice of law and place the files at their disposal, with the indication that their representation may be entrusted to one of the attorneys from the firm who will continue to practise law individually, or that they may turn to another attorney for assistance.

(2) When handing over the files, the liquidator shall determine the status of claims against the client, communicate it to the client and, where possible, record it in minutes.

Article 67(Assets of the Law Firm after Liquidation)

The assets of the law firm remaining after the liquidation of the law firm shall belong to the members of the law firm in proportion to their shares in the share capital, unless the members of the law firm have regulated this matter differently in the founding act or the statute of the law firm.

CHAPTER VI. - LEGAL ASSOCIATE (Articles 68-75)

Article 68(Legal Associate)

(1) The status of legal associate may be acquired by any person who meets the conditions prescribed by Article 6 of this Law, with the exception of the conditions referred to in Article 6 paragraph (1) items e) and l) of this Law, and who has concluded an employment contract for the position of legal associate with an attorney, an attorney from a joint law office or a law firm.

(2) The status of legal associate is acquired by enrolment in the Register of Legal Associates of the Bar Association.

Article 69(Legal Associate ID Card)

(1) A legal associate shall be issued with a legal associate ID card on the basis of the data contained in the Register of Legal Associates.

(2) The ID card referred to in paragraph (1) of this Article shall be issued by the Bar Association.

Article 70(Rights and Duties of the Legal Associate)

A legal associate may, on the instructions of, under the supervision of and following the guidance of the attorney, perform all tasks entrusted to the attorney, except for tasks which under the law may be performed only by an attorney.

Article 71(Restrictions on the Conduct of the Legal Associate)

A legal associate may not, independently and without the prior approval of the attorney or of the authorised person in the law firm, represent clients or negotiate with clients on the terms of representation or of the performance of other legal assistance services, agree on and receive reimbursement of costs and fees for the attorney's work, or receive money, securities and other movable property to be delivered to third parties.

Article 72(Liability for Damage)

(1) The attorney shall be liable for damage caused to a client by a legal associate in the performance of the legal associate's work.

(2) An attorney who has compensated the damage referred to in paragraph (1) of this Article shall be entitled to claim recourse from the legal associate if the damage resulted from intent or gross negligence.

(3) A legal associate who, at work or in connection with work, intentionally or through gross negligence causes damage to the attorney, the joint law office or the law firm shall compensate the damage.

Article 73(Deletion from the Register of Legal Associates)

(1) Legal associates shall be deleted from the Register of Legal Associates:

• a) upon termination of the employment contract;
• b) upon enrolment in the Register of Attorneys;
• c) in the event of termination of the right to practise law of the attorney with whom the legal associate has concluded an employment contract;
• d) if the legal associate loses the citizenship of Bosnia and Herzegovina;
• e) at the legal associate's own request;
• f) in the event of death or declaration of death;
• g) in the event of full or partial deprivation of legal capacity;
• h) upon the imposition of a disciplinary measure prohibiting the legal associate from carrying out the activity;
• i) upon the occurrence of the grounds referred to in Article 25 of this Law;
• j) upon the imposition of the security measure of prohibition to practise law;
• k) upon commencing to serve a prison sentence of more than six months;
• l) if, without justified reason, the legal associate does not carry out the activity of legal associate for a continuous period of more than 60 days.

(2) The decision on deletion referred to in paragraph (1) of this Article shall be issued by the competent body of the Bar Association.

Article 74(Organisation of Legal Associates)

(1) Legal associates shall associate in the Organisation of Legal Associates within the Bar Association.

(2) The Organisation of Legal Associates shall participate in the work of the bodies of the Bar Association and of the regional bar associations, with the rights and duties determined by the Statute of the Bar Association.

Article 75(Application of Provisions mutatis mutandis)

The provisions of this Law on the procedures for enrolment in the Register of Attorneys, the rights and duties of attorneys, the safeguarding of attorney-client privilege, disciplinary liability and disciplinary proceedings, and temporary prohibition or termination of the right to practise law shall apply mutatis mutandis to legal associates.

CHAPTER VII. - TRAINEE LAWYER (Articles 76-86)

Article 76(Trainee Lawyer)

(1) A trainee lawyer is trained for the independent practice of law and receives professional training for taking the bar examination by working on legal matters in a law office, a joint law office or a law firm.

(2) The status of trainee lawyer may not be acquired by a person who has already fulfilled the conditions for taking the bar examination.

(3) The traineeship shall last until the conditions for taking the bar examination are acquired, but no longer than four years, including any previous traineeship with another employer.

(4) A trainee lawyer may be employed and trained only by an attorney who is enrolled in the Register of Attorneys and who has practised law for more than five years.

(5) Exceptionally, at the request of the attorney and the trainee lawyer, the competent body of the Bar Association may, if the request is justified, extend the duration of the status of trainee lawyer by one more year.

Article 77(Enrolment in the Register of Trainee Lawyers)

(1) The status of trainee lawyer may be acquired by any person who meets the conditions prescribed by Article 6 of this Law, with the exception of the conditions referred to in Article 6 paragraph (1) items c), d), e) and l) of this Law, and who has concluded an employment contract for the position of trainee lawyer with an attorney, an attorney from a joint law office or a law firm.

(2) The status of trainee lawyer is acquired by enrolment in the Register of Trainee Lawyers.

Article 78(Application of Provisions mutatis mutandis)

The provisions of this Law on the procedures for enrolment in the Register of Attorneys, the rights and duties of attorneys, the safeguarding of attorney-client privilege, disciplinary liability and disciplinary proceedings, and temporary prohibition or termination of the right to practise law shall apply mutatis mutandis to trainee lawyers.

Article 79(Deletion from the Register of Trainee Lawyers)

Trainee lawyers shall be deleted from the Register of Trainee Lawyers:

• a) upon termination of the employment contract;
• b) upon enrolment in the Register of Legal Associates or in the Register of Attorneys;
• c) in the event of termination of the right to practise law of the attorney with whom the trainee lawyer has concluded an employment contract;
• d) if the trainee lawyer loses the citizenship of Bosnia and Herzegovina or of the Federation of Bosnia and Herzegovina;
• e) at the trainee lawyer's own request;
• f) in the event of death or declaration of death;
• g) in the event of full or partial deprivation of legal capacity;
• h) upon the imposition of a disciplinary measure prohibiting the trainee lawyer from carrying out the activity;
• i) upon the occurrence of the grounds referred to in Article 25 of this Law;
• j) upon commencing to serve a prison sentence of more than six months;
• k) if, without justified reason, the trainee lawyer does not carry out the activity of trainee lawyer for a continuous period of more than 60 days;
• l) upon passing the bar examination or upon expiry of the traineeship period in accordance with Article 76 paragraphs (3) and (5) of this Law.

Article 80(Organisation of Trainee Lawyers)

(1) Trainee lawyers shall associate in the Organisation of Trainee Lawyers within the Bar Association.

(2) The Organisation of Trainee Lawyers shall participate in the work of the bodies of the Bar Association and of the regional bar associations, with the rights and duties determined by the Statute of the Bar Association and by other general regulations of the Bar Association or of the regional bar associations.

Article 81(Trainee Lawyer ID Card)

On the basis of the data contained in the Register of Trainee Lawyers, the Bar Association shall issue an ID card to the trainee lawyer.

Article 82(Annulment of Enrolment in the Register of Trainee Lawyers)

(1) If, after enrolment in the Register of Trainee Lawyers, it is established that the conditions for enrolment were not met, the procedure under Article 10 of this Law shall be followed.

(2) In the event of annulment of enrolment in the Register of Trainee Lawyers, the time the enrolled trainee lawyer spent working shall not be recognised as service counting towards taking the bar examination.

Article 83(Rights of Trainee Lawyers)

(1) A trainee lawyer shall be entitled to appropriate working conditions and to training in accordance with the purpose of the traineeship and with the plan and programme of trainee training adopted by the Bar Association.

(2) During the traineeship, a trainee lawyer shall be entitled to a salary and other employment rights in accordance with the law and the employment contract.

Article 84(Conduct of the Trainee Lawyer)

(1) A trainee lawyer shall work in accordance with the instructions and within the authority received from the attorney with whom the trainee lawyer is completing the traineeship.

(2) A trainee lawyer may not engage in providing the legal assistance referred to in Article 4 of this Law.

Article 85(Liability for Damage)

(1) The attorney shall be liable for damage caused to a client by a trainee lawyer during the traineeship.

(2) An attorney who has compensated the damage referred to in paragraph (1) of this Article shall be entitled to claim recourse from the trainee lawyer if the damage resulted from intent or gross negligence.

Article 86(Termination of the Status of Trainee Lawyer)

(1) The status of a trainee lawyer shall terminate when the trainee lawyer passes the bar examination.

(2) The status of a trainee lawyer shall terminate if the trainee lawyer does not pass the bar examination even two years after acquiring the right to take it, or in the case referred to in Article 76 paragraph (5).

(3) After the conditions referred to in paragraph (1) of this Article have been met or the period referred to in paragraph (2) of this Article has expired, the Bar Association shall issue a decision on deletion of the trainee lawyer from the Register of Trainee Lawyers.

CHAPTER VIII. - ATTORNEY EXAMINATION AND PROFESSIONAL DEVELOPMENT (Articles 87-89)

Article 87(Attorney Examination)

(1) The attorney examination consists of a test of knowledge in accordance with the Attorney Examination Programme.

(2) A person who has passed the bar examination shall have the right to take the attorney examination.

(3) The attorney examination is taken before the Commission for the Attorney Examination.

(4) The Attorney Examination Programme, the manner of formation and the composition of the Commission for the Attorney Examination, the election of its members, the manner in which the Commission works and takes decisions, and the issuance of the certificate of having passed the examination shall be prescribed by the Statute and other regulations of the Bar Association.

Article 88(Bar Academy)

(1) The Bar Association shall establish the Bar Academy as a special body responsible for the continuous professional training of attorneys, legal associates, trainee lawyers, persons employed in law offices and law firms and other persons interested in working in the legal profession, for the purpose of improving the theoretical and practical knowledge and skills of attorneys needed for a professional, independent, autonomous, effective and ethical legal profession, for the specialisation of attorneys and for the issuance of certificates of specialisation in a particular field of law and legal practice.

(2) The establishment, organisation and work of the Bar Academy and the adoption of the general and specialised training programmes shall be regulated by the Statute and other regulations of the Bar Association.

Article 89(Professional Development of Attorneys, Legal Associates and Trainee Lawyers)

(1) An attorney shall continuously pursue professional development and acquire the new knowledge and skills needed for the professional, independent, autonomous, effective and ethical practice of law, in accordance with the professional development programme adopted by the Bar Association.

(2) An attorney who has a legal associate and a trainee lawyer shall provide them with appropriate conditions for work and training in accordance with the purpose of their training and professional development or practice, and shall fully implement the plan and programme of their training.

(3) The Statute of the Bar Association shall regulate the obligations of attorneys regarding continuous professional development.

CHAPTER IX. - ORGANISATION OF THE LEGAL PROFESSION (Articles 90-107)

Article 90(Bar Association)

(1) Attorneys, joint law offices and law firms whose seats are located in the territory of the Federation of Bosnia and Herzegovina shall mandatorily organise themselves in the Bar Association, as the independent and autonomous professional organisation of attorneys determined by this Law.

(2) The seat of the Bar Association is in Sarajevo.

(3) The Bar Association has the status of a legal person.

Article 91(Regional Bar Associations)

(1) Members of the Bar Association shall mandatorily be organised, according to their seat, in one of the regional bar associations.

(2) The Bar Association consists of:

• a) the Regional Bar Association Sarajevo (formed for the area of the Sarajevo Canton and the Bosnian-Podrinje Canton);
• b) the Regional Bar Association Mostar (formed for the area of the Herzegovina-Neretva Canton, the West Herzegovina Canton and Canton 10);
• c) the Regional Bar Association Tuzla (formed for the area of the Tuzla Canton and the Posavina Canton);
• d) the Regional Bar Association Zenica (formed for the area of the Zenica-Doboj Canton and the Central Bosnia Canton);
• e) the Regional Bar Association Bihać (formed for the area of the Una-Sana Canton).

(3) Attorneys from the Brčko District of Bosnia and Herzegovina may be members of the regional bar association referred to in paragraph (2) item c) of this Article.

(4) The regional bar associations have the status of legal persons.

Article 92(Competences of the Bar Association)

(1) The Bar Association represents and acts on behalf of attorneys, legal associates and trainee lawyers and performs the following tasks:

• a) develops and advances the practice of law;
• b) ensures the autonomy of the practice of law;
• c) adopts the Statute of the Bar Association;
• d) adopts the Code;
• e) adopts the Tariff with the consent of the Federal Ministry of Justice;
• f) takes positions on the application of the Tariff;
• g) confirms enrolment in the registers of attorneys, legal associates and trainee lawyers;
• h) decides on appeals against decisions of the regional bar associations;
• i) adopts the Regulation on Disciplinary Liability;
• j) initiates disciplinary proceedings and establishes disciplinary liability for violations established by this Law and by the Code;
• k) protects the rights and interests of attorneys, joint law offices, law firms, legal associates and trainee lawyers;
• l) organises and ensures the professional development of attorneys and the training of legal associates and trainee lawyers;
• m) establishes the Bar Academy and supervises its work;
• n) cooperates with the legislative, judicial and executive authorities in Bosnia and Herzegovina;
• o) cooperates with State and international organisations, institutions and associations;
• p) cooperates with the bar association in the Republika Srpska, the bar associations of foreign States, and regional and international associations of attorneys;
• r) performs all other tasks set out in the Statute that are necessary for the practice of law,
• s) decides on worthiness,
• t) interprets the acts of the Bar Association.

(2) The Bar Association is authorised to take over the adoption of decisions and other tasks within the competence of the regional bar associations where a regional bar association fails to perform the tasks within its competence determined by this Law.

Article 93(Bodies of the Bar Association)

(1) The bodies of the Bar Association are:

• a) the Assembly,
• b) the Management Board,
• c) the President,
• d) the Supervisory Board,
• e) the Disciplinary Court and the Disciplinary Prosecutor.

(2) The term of office of persons appointed to the bodies of the Bar Association shall be four years.

(3) The office of President of the Bar Association may not be entrusted to the same person for a second consecutive term.

(4) The Bar Association may also establish other bodies determined by the Statute of the Bar Association.

(5) The structure, competence, composition, manner of election, rights and duties of the bodies of the Bar Association shall be regulated by this Law and the Statute.

Article 94(Competence of the Assembly of the Bar Association)

The Assembly of the Bar Association performs the following tasks:

• a) adopts the Statute;
• b) adopts the Code;
• c) adopts the Regulation on Disciplinary Liability;
• d) adopts the Tariff;
• e) cooperates with the legislative, judicial and executive authorities in Bosnia and Herzegovina;
• f) cooperates with State and international organisations, institutions and associations;
• h) cooperates with the bar association in the Republika Srpska, the bar associations of foreign States, regional associations of attorneys and international associations of attorneys;
• i) performs all other tasks set out in the Statute that are necessary for the practice of law.

Article 95(Composition and Working Methods of the Assembly of the Bar Association)

(1) The Assembly of the Bar Association shall be composed of the delegates of the regional bar associations and one delegate each of the organisations of legal associates and of trainee lawyers from the regional bar associations.

(2) The assemblies of the regional bar associations shall elect to the Assembly of the Bar Association one delegate for every 20 members of the regional bar association, according to the number of attorneys enrolled as at 31 December of the calendar year preceding the year in which the electoral Assembly is held. The term of office of the members elected to the Assembly of the Bar Association shall be four years, provided that it may not last longer than the term of office of the Assembly referred to in Article 93 paragraph (2) of this Law.

(3) The Assembly may be electoral, regular or extraordinary.

(4) The regular Assembly shall be held once a year.

(5) The electoral Assembly shall be held every four years, and it shall elect the President of the Bar Association, five members of the Management Board, the members of the Disciplinary Court, the Disciplinary Prosecutor and the Supervisory Board.

(6) An extraordinary Assembly shall be held as needed and shall be convened by the Management Board or by one third of the delegates of the Assembly.

(7) For the Assembly to work and take decisions, more than half of the delegates must be present. Decisions of the Assembly shall be deemed adopted if more than half of the delegates present have voted in favour of them.

(8) When the Assembly decides on and adopts the Statute and the Code, the decision shall be deemed adopted if more than half of the delegates of each individual regional bar association vote in favour of it.

(9) If, owing to the absence of a qualified majority of delegates in the Assembly, these acts cannot be adopted, the Management Board shall adopt provisional acts. The decision shall be deemed adopted if a majority of all members of the Management Board have voted in favour of it. The Management Board shall, no later than six months after the adoption of the provisional acts, convene the Assembly and propose to the Assembly that it adopt them.

(10) The provisional acts shall remain in force until the Assembly takes a decision on them.

Article 96(Management Board of the Bar Association)

(1) The Management Board of the Bar Association consists of 11 members.

(2) The President of the Bar Association is, by virtue of that office, also a member of the Management Board.

(3) Each regional bar association shall elect one member to the Management Board, and the remaining five members shall be elected by the electoral Assembly of the Bar Association.

(4) At the first constituent session of the Management Board, the Management Board shall elect the President and the Vice-President of the Management Board.

Article 97(Competences of the Management Board of the Bar Association)

(1) The Management Board of the Bar Association performs the following tasks:

• a) proposes the Statute and the Code;
• b) proposes the Tariff;
• c) proposes the Regulation on Disciplinary Liability;
• d) takes decisions on appeals against decisions of the regional bar associations;
• e) appoints the bodies determined by the Statute;
• f) adopts the Regulation on registers, lists and other records of the Bar Association and the regional bar association;
• g) organises and ensures the professional development of attorneys and the training of legal associates and trainee lawyers;
• h) establishes the Bar Academy and supervises its work;
• i) proposes to the Assembly the taking of measures and activities aimed at advancing the practice of law;
• j) performs other tasks set out in the Statute.

(2) The Management Board is also competent to adopt all decisions that do not fall within the competence of the Assembly of the Bar Association or of another body of the Bar Association.

Article 98(President of the Bar Association)

(1) The Bar Association is represented and acted for by the President of the Bar Association.

(2) Where the President is unable to act, the Bar Association is represented and acted for by the President of the Management Board or, as the case may be, the Vice-President of the Management Board.

(3) The President of the Bar Association performs the following tasks:

• a) adopts the Regulation on the design, content, manner of issuance and carrying of the ID cards of attorneys, legal associates and trainee lawyers;
• b) protects the rights and interests of attorneys, joint law offices, law firms, legal associates and trainee lawyers;
• c) performs other tasks set out in the Statute and on the instructions of the Assembly and the Management Board of the Bar Association.

Article 99(Regional Bar Associations)

(1) A regional bar association represents and acts on behalf of attorneys, legal associates and trainee lawyers and performs the following tasks:

• a) develops and advances the practice of law;
• b) ensures the professional autonomy of attorneys;
• c) adopts its statute;
• d) adopts decisions on the acquisition and termination of the right to practise law and to carry out the activity of legal associate and of trainee lawyer;
• e) initiates disciplinary proceedings and establishes disciplinary liability for violations of this Law and of the Code;
• f) protects the rights and interests of attorneys, joint law offices, law firms, legal associates and trainee lawyers;
• g) organises and ensures the professional development of attorneys and oversees the training of legal associates and trainee lawyers;
• h) cooperates with the legislative, judicial and executive authorities;
• i) mediates (mediation) between attorneys and their clients.

(2) The regional bar associations are also competent for other tasks determined by this Law and the Statute of the Bar Association.

Article 100(Bodies of the Regional Bar Association)

The bodies of a regional bar association are: the assembly, the management board, the president, the disciplinary court, the disciplinary prosecutor and the supervisory board, as well as other bodies determined by the statute of the regional bar association.

Article 101(Assembly of the Regional Bar Association)

(1) The assembly of a regional bar association adopts the statute of the regional bar association, which determines the organisation and manner of operation of the regional bar association.

(2) The statute referred to in paragraph (1) of this Article must be in accordance with the provisions of this Law, the Statute and the general regulations of the Bar Association.

Article 102(President of the Regional Bar Association)

(1) A regional bar association is represented and acted for by the president of the regional bar association.

(2) The competence of the president of the regional bar association and of the other bodies referred to in Article 100 of this Law shall be determined by the statute of the regional bar association.

Article 103(Registers and Lists)

(1) The Bar Association and the regional bar association keep registers and lists of attorneys, joint law offices, law firms, legal associates and trainee lawyers.

(2) The Bar Association and the regional bar associations also keep other records in accordance with the Statute of the Bar Association.

(3) The registers and lists referred to in paragraph (1) of this Article are public records.

(4) Extracts from the lists, registers and other records kept by the chambers, as well as certificates issued on the basis of those records, are public documents.

Article 104(Cooperation with Other Bodies and Chambers)

(1) The Bar Association monitors and studies relations and phenomena that are of interest for the regulation and protection of the freedoms and rights of citizens and legal persons, and for the advancement of the legal profession.

(2) The Bar Association informs the Parliament of the Federation of Bosnia and Herzegovina and the Federal Ministry of Justice of the state and problems of the legal profession and of the measures that ought to be taken to advance the legal profession and to protect the freedoms and rights of citizens and legal persons.

(3) The Bar Association decides on the manner of cooperation with other bar associations and with international associations and organisations of attorneys.

Article 105(General Regulations of the Bar Association)

(1) The general regulations of the Bar Association are:

• a) the Statute,
• b) the Code,
• c) the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys,
• d) the Regulation on Disciplinary Liability of Attorneys, Legal Associates and Trainee Lawyers and
• e) other general regulations determined by the Statute of the Bar Association.

(2) The Statute and other general regulations of the Bar Association must be in conformity with this Law.

Article 106(Publication of Acts)

The Statute, the Code and the Tariff on Fees and Reimbursement for the Work of Attorneys in the Federation of Bosnia and Herzegovina shall be published in the “Official Gazette of the Federation of BiH”.

Article 107(Supervision of the Work of the Chambers)

(1) The Federal Ministry of Justice supervises and monitors the work of the Bar Association and the regional bar associations from the standpoint of the implementation of this Law, taking into account the independence of the legal profession.

(2) In exercising the function of supervising and monitoring the work referred to in paragraph (1) of this Article, the Federal Ministry of Justice may request appropriate reports and data from the Bar Association.

(3) The manner and scope of supervising and monitoring the work referred to in paragraph (1) of this Article shall be regulated in more detail by a secondary regulation adopted by the Federal Minister of Justice.

CHAPTER X. - FINANCING OF THE BAR ASSOCIATIONS (Articles 108-110)

Article 108(Financing of the Bar Associations)

The Bar Association and the regional bar associations are financed exclusively from their own resources, namely from:

• a) membership fees,
• b) fees for enrolment in the registers,
• c) other sources, such as fines, fees, donations and the like.

Article 109(Amount of Fees)

(1) The Management Board of the Bar Association determines the amount of the fee for enrolment in the registers, the amount of the membership fee for attorneys, legal associates and trainee lawyers, and all other fees in accordance with the general acts of the Bar Association.

(2) Attorneys, joint law offices and law firms shall also pay the membership fees referred to in paragraph (1) of this Article for the legal associates and trainee lawyers with whom they have concluded employment contracts.

Article 110(Payment of the Membership Fee)

(1) The enrolment fee shall be paid directly into the account of the Bar Association.

(2) The Management Board of the Bar Association adopts a decision on the portion of the membership and enrolment fees needed for the financing of the Bar Association.

(3) The regional bar associations shall organise the proper collection of membership fees and shall pay into the account of the Bar Association the portion of the membership fees, in accordance with the decision of the Management Board of the Bar Association, for all attorneys whose offices have their seat in the area of the respective regional bar association.

(4) If the funds received by the Bar Association from the enrolment fees of the members of any regional bar association exceed the amount of that regional bar association's percentage share in the financing of the Bar Association, the Bar Association shall return the surplus funds to that regional bar association, and if that amount is lower than the established share of the regional bar association, that regional bar association shall transfer the difference to the Bar Association from the funds collected from membership fees.

CHAPTER XI. - DISCIPLINARY LIABILITY (Articles 111-119)

Article 111(Disciplinary Liability)

(1) Attorneys who practise law as individuals, in a joint law office or in a law firm are, within the meaning of this Article, individually responsible for the conscientious performance of their activity and for safeguarding the reputation of the legal profession.

(2) Attorneys are liable for minor and serious violations of duty and of the reputation of the legal profession.

(3) A serious violation of the duty of an attorney and of the reputation of the legal profession means a breach of the duty and of the reputation of the legal profession, and in particular:

• a) failure to work conscientiously in the legal profession,
• b) providing legal assistance in cases in which the attorney is obliged to refuse to provide legal assistance,
• c) engaging in activities incompatible with the reputation and independence of the legal profession,
• d) violation of the duty to safeguard attorney-client privilege,
• e) demanding a fee higher than the fee prescribed by the Tariff,
• f) refusal to issue the client an invoice for the fees for the actions performed and for the reimbursement of costs incurred in connection with the action performed.
• g) unauthorised disposal of the client's funds, and unjustified retention of funds and other material assets collected or received in the name and on behalf of the client,
• h) refusal to hand over files and documents to the client, or making the handover of files and documents conditional on payment of due fees and remuneration for representation, contrary to the provisions of Article 22 of this Law,
• i) violation of the Code,
• j) violation of the statutory rights which a legal associate or a trainee lawyer has on the basis of employment.

(4) Minor violations of the duty of an attorney and of the reputation of the legal profession shall be prescribed by the Statute.

Article 112(Disciplinary Bodies)

(1) The disciplinary bodies are:

• a) the Disciplinary Prosecutor of the regional bar association,
• b) the Disciplinary Court of the regional bar association,
• c) the Disciplinary Prosecutor of the Bar Association,
• d) the Disciplinary Court of the Bar Association.

(2) The disciplinary bodies of each chamber shall be elected by the assembly of that chamber.

(3) A member of a disciplinary body of a regional bar association may be an attorney with at least three years of work experience in the practice of the legal profession, or seven years of work experience in the practice of the legal profession in the case of a member of a disciplinary body of the Bar Association.

Article 113(Disciplinary Proceedings)

(1) Disciplinary proceedings are initiated and conducted by the disciplinary bodies.

(2) Disciplinary proceedings may be initiated on the basis of a complaint filed by an interested person, an administrative authority or another institution, or ex officio by the Disciplinary Prosecutor of the regional bar association.

(3) A disciplinary complaint shall be filed with the Disciplinary Prosecutor of the regional bar association.

(4) The organisation, composition, competence and manner of decision-making of the disciplinary bodies and the disciplinary proceedings shall be regulated in more detail by the Statute and by the Regulation on Disciplinary Liability of Attorneys, Legal Associates and Trainee Lawyers of the Bar Association.

Article 114(Disciplinary Sanctions)

(1) For a violation of the duty of an attorney and harm to the reputation of the legal profession, the following disciplinary sanctions may be imposed on an attorney:

• a) reprimand,
• b) public reprimand,
• c) fine and
• d) prohibition to practise law and deletion from the Register of Attorneys.

(2) For minor violations of the duty of an attorney and of the reputation of the legal profession, the disciplinary measures of reprimand, public reprimand and fine may be imposed.

(3) For serious violations of the duty of an attorney and of the reputation of the legal profession, the disciplinary penalties of a fine and of prohibition to practise law and deletion from the Register of Attorneys may be imposed.

(4) A fine shall be imposed in a specified amount.

(5) An attorney may be fined from 100 KM to 2,000 KM for a minor disciplinary violation, and from 500 KM to 10,000 KM for a serious disciplinary violation.

(6) The disciplinary penalty of prohibition to practise law and deletion from the Register of Attorneys may be imposed for a period of six months to five years.

(7) On the basis of a final decision imposing the prohibition to practise law and deletion from the Register of Attorneys, the person held liable shall be deleted from the relevant register of the Bar Association, and the judicial and administrative authorities in Bosnia and Herzegovina, as well as the bar association in the Republika Srpska, shall be notified thereof.

(8) An attorney on whom the prohibition to practise law and deletion from the Register of Attorneys has been imposed for a specified period may, after the expiry of the duration of the penalty, submit a request for re-enrolment in the Register of Attorneys.

(9) Finally imposed disciplinary sanctions shall be entered in the records of disciplinary sanctions, and a copy of the decision shall be placed in the file of the attorney who has been found liable in the disciplinary proceedings.

Article 115(Limitation Period for Initiating and Conducting Disciplinary Proceedings)

(1) The limitation period for initiating and conducting disciplinary proceedings shall expire two years after the commission of a minor violation and four years after the commission of a serious violation.

(2) The limitation period shall be interrupted by every action taken for the purpose of initiating and conducting disciplinary proceedings.

(3) The limitation period shall also be interrupted if, while the limitation period is running, the attorney commits a new violation of duty and of the reputation of the legal profession.

(4) After each interruption, the limitation period shall begin to run anew.

(5) The limitation period for conducting disciplinary proceedings shall in any event expire when twice the time required by law for the limitation period for initiating and conducting disciplinary proceedings has elapsed.

(6) The limitation period for initiating and conducting disciplinary proceedings for a violation that has the elements of a criminal offence shall expire when the period prescribed for the limitation of criminal prosecution has expired.

Article 116(Limitation Period for the Enforcement of a Disciplinary Sanction)

(1) The limitation period for the enforcement of a disciplinary sanction shall expire two years after the date on which the decision imposing the sanction became final.

(2) The limitation period shall be interrupted by every action taken for the purpose of enforcing the disciplinary sanction.

(3) After each interruption of the limitation period, the period shall begin to run again, and the limitation period shall in any event expire when four years have elapsed from the date on which the decision imposing the sanction became final.

Article 117(Deletion from the Records)

(1) A disciplinary sanction imposed for minor violations shall be deleted from the records after four years have elapsed.

(2) A fine imposed for serious violations shall be deleted from the records after six years have elapsed.

(3) An imposed prohibition to practise law and deletion from the Register of Attorneys shall be deleted from the records after twice the duration of the imposed penalty has elapsed.

(4) The periods set for the deletion of imposed sanctions shall begin to run from the date on which the sanction was enforced or became time-barred.

(5) The decision on the deletion of an imposed disciplinary sanction from the records of the Bar Association shall be issued ex officio by the Management Board of the Bar Association.

Article 118(Decision of the Disciplinary Court)

(1) A final decision of the disciplinary court has the status of an enforceable instrument in enforcement proceedings with regard to the fine imposed and the costs of the disciplinary proceedings.

(2) The funds collected from fines are revenue of the Bar Association.

Article 119(Disciplinary Liability of Legal Associates and Trainee Lawyers)

(1) The provisions on the disciplinary liability of attorneys shall also apply to legal associates and trainee lawyers for violations of the conscientious and professional performance of the tasks entrusted to them and of the duty to safeguard the reputation of the legal profession.

(2) A legal associate and a trainee lawyer may be fined from 50 KM to 1,000 KM for a minor disciplinary violation and from 250 KM to 5,000 KM for a serious disciplinary violation.

CHAPTER XII. - PROTECTION OF RIGHTS (Articles 120-121)

Article 120(Protection of Rights)

(1) When deciding on rights, obligations or legal interests, the Bar Association and the regional bar associations shall apply the provisions of the law governing administrative procedure.

(2) An appeal to the Bar Association may be lodged against all first-instance decisions of the bodies of the regional bar associations within 15 days from the date of service of such a decision.

(3) A lodged appeal shall stay the enforcement of the first-instance decision, unless otherwise provided by this Law.

(4) The applicant may also lodge an appeal where no decision has been issued on the application within the time limit set by law.

Article 121(Judicial Protection)

Proceedings may be instituted before the competent court against a final decision of the Bar Association.

CHAPTER XIII. - TRANSITIONAL AND FINAL PROVISIONS (Articles 122-130)

Article 122(Supervision of the Implementation of the Law)

Supervision of the implementation of this Law shall be exercised by the Federal Ministry of Justice.

Article 123(Harmonisation of the Statutes and Other Regulations)

(1) The Bar Association and the regional bar associations shall harmonise their statutes and other regulations within six months from the date of entry into force of this Law.

(2) Until the statutes and regulations referred to in paragraph (1) of this Article are adopted, the statutes in force and other regulations that are not contrary to this Law shall apply.

Article 124(Continuity of Work)

(1) The assemblies of the bar associations and other bodies shall continue to work until the expiry of their term of office.

(2) The election of the assemblies of the bar associations and of the other bodies provided for by this Law shall be carried out in accordance with the provisions of this Law and the regulations of the bar associations.

(3) The procedure for the election of the assemblies and other bodies provided for by this Law shall be initiated at least three months before the expiry of the term of office of the assemblies and other bodies.

Article 125(Secondary Legislation)

(1) Within 60 days from the date of entry into force of this Law, the Federal Minister of Justice shall adopt the Regulation on the Amount of the Fee Payable to Attorneys for Ex Officio Defence referred to in Article 27 paragraph (2) of this Law and the Regulation on the Supervision of the Work of the Bar Association referred to in Article 107 paragraph (3) of this Law.

(2) Within six months from the date of entry into force of this Law, the Assembly of the Bar Association shall adopt the Tariff on Fees and Reimbursement for the Work of Attorneys referred to in Article 27 paragraph (1) of this Law.

(3) Within six months from the date of entry into force of this Law, the competent bodies of the Bar Association shall adopt the following regulations: the Regulation on the Attorney ID Card referred to in Article 12 paragraph (4) of this Law, the Regulation on the Attorney Nameplate referred to in Article 32 of this Law, the Regulation on the Attorney's Seal referred to in Article 33 paragraph (1) of this Law, the Regulation on the Attorney Examination referred to in Article 87 paragraph (4) of this Law, the Regulation on Disciplinary Liability of Attorneys, Legal Associates and Trainee Lawyers referred to in Article 92 paragraph (1) item i) of this Law, the Regulation on Registers, Lists and Other Records referred to in Article 97 paragraph (1) item f) of this Law and the Regulation on the Provision of Free Legal Aid referred to in Article 21 paragraph (2) of this Law.

Article 126(Handling of Pending Applications for Enrolment in the Register of Attorneys)

Proceedings instituted on applications for enrolment in the Register of Attorneys and in other registers of the Bar Association which were instituted before the entry into force of this Law and have not been completed by the date of entry into force of this Law shall be completed in accordance with the provisions of the regulations that were in force until the date of entry into force of this Law.

Article 127(Conduct of Pending Disciplinary Proceedings)

Disciplinary proceedings which were initiated before the entry into force of this Law and in which no final decision has been issued by the date of entry into force of this Law shall be completed in accordance with the provisions of the regulations that were in force until the date of entry into force of this Law.

Article 128(Continuity of the Practice of Law)

Attorneys, legal associates and trainee lawyers who are enrolled in the relevant registers of the Bar Association on the basis of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, Nos. 25/02, 40/02, 29/03, 18/05, 68/05 and 42/11) shall continue to practise law in accordance with this Law.

Article 129(Cessation of Effect)

On the date of entry into force of this Law, the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of BiH”, Nos. 40/02, 29/03, 18/05, 68/05 and 42/11) shall cease to have effect.

Article 130(Entry into Force)

This Law shall enter into force on the eighth day from the date of its publication in the “Official Gazette of the Federation of BiH”.

Chairman

of the House of Peoples

of the Parliament of the Federation of BiH

Tomislav Martinović, m.p.

Chairman

of the House of Representatives

of the Parliament of the Federation of BiH

Dragan Mioković, m.p.

Download in PDF format: New Law on the Legal Profession of the Federation of Bosnia and Herzegovina (in Bosnian)

Frequently asked questions

What does the Law on the Legal Profession of the Federation of Bosnia and Herzegovina regulate?

This Law regulates the practice of law in the Federation of BiH, the conditions for practising law, the rights and duties of attorneys, the termination of the right to practise, temporary prohibition of practice, the position of legal associates and trainee lawyers, the attorney examination, the organisation of the bar associations, disciplinary liability and the protection of rights within the profession. The Law also confirms that the legal profession is an independent and autonomous professional activity aimed at providing legal assistance to natural and legal persons.

Who may practise law in the Federation of BiH?

Only persons who are enrolled in the Register of Attorneys and who have made the solemn declaration may practise law as a profession, unless otherwise provided by a special law. This means that only a formally enrolled attorney acquires the right to provide legal assistance independently as an attorney in the Federation of BiH.

What are the basic conditions for enrolment in the Register of Attorneys in the FBiH?

Enrolment requires, among other things, citizenship of BiH, a law degree, a passed bar examination, a passed attorney examination in the Federation, at least two years of work experience in legal matters after the bar examination, health and legal capacity, no conviction for offences that render a person unworthy, not being in employment, not carrying on a registered self-employed activity and having a suitable office. Whether these conditions are met is decided by the competent body of the regional bar association.

May an attorney refuse to take on a case and provide legal assistance?

As a rule, an attorney must provide legal assistance to a client who approaches the attorney, but must refuse it in the situations prescribed by law, in particular where there is a conflict of interest or where the attorney has already represented the opposing party in the same matter. Nor may the attorney refuse a representation assigned by a court, another State authority or the chamber, except where there are statutory grounds for refusal or where the attorney has stated in writing in advance that he or she does not work in a particular field of law.

What is attorney-client privilege and how long does it last?

Attorney-client privilege covers everything the client has entrusted to the attorney, as well as everything the attorney has learned or obtained in connection with the case, before the representation, during the representation and after it has ended. Persons employed in the law office are bound by the same obligation, and exceptions exist only in the situations specifically listed in the law, such as the client's express consent, the attorney's defence in criminal proceedings or the suspicion of an imminent serious criminal offence.

Must an attorney in the FBiH have professional liability insurance?

Yes. An attorney must conclude a professional liability insurance contract with an insurance company registered for that type of insurance. The Bar Association may also organise collective insurance, and without proof of insurance the attorney may be refused the issuance of an attorney ID card.

How are the price of legal services and the costs of representation determined?

An attorney is entitled to a fee and reimbursement of costs in accordance with the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys in the Federation of BiH, which is adopted by the Bar Association with the consent of the Federal Minister of Justice. The Law also expressly prescribes the obligation to issue an invoice, and demanding a fee higher than that prescribed by the Tariff or refusing to issue an invoice may constitute a serious violation of the duty of an attorney and of the reputation of the legal profession.

When may an attorney's right to practise temporarily cease, or practice of law be prohibited?

Temporary cessation may occur, for example, because of professional training, illness, maternity leave, leave to care for a child or the assumption of a public office, and the attorney must notify the regional bar association. A temporary prohibition of practice may be ordered, among other things, if the attorney has been remanded in custody, if criminal or disciplinary proceedings have been initiated against the attorney for an act that renders him or her unworthy, or if the attorney does not work at the registered address, does not pay the membership fee or does not renew the liability insurance.

May an attorney from the Republika Srpska or a foreign attorney represent clients in the Federation of BiH?

An attorney enrolled in the register of attorneys of the Bar Association of the Republika Srpska has the right to practise law in the territory of the Federation of BiH as well, but may not establish a branch, a representative office or any other form of organisation of work in the Federation. A foreign attorney may represent clients in specific judicial and administrative proceedings only subject to reciprocity and with the prior consent of the Federal Ministry of Justice.

How is a disciplinary complaint against an attorney filed and what sanctions are there?

Disciplinary proceedings may be initiated on a complaint by an interested person, an administrative authority or another institution, or ex officio, and the complaint is filed with the Disciplinary Prosecutor of the regional bar association. For violations of duty and of the reputation of the legal profession, a reprimand, a public reprimand, a fine, and prohibition to practise law and deletion from the Register of Attorneys may be imposed; among the serious violations the Law lists breach of attorney-client privilege, charging above the Tariff, failure to issue an invoice and unauthorised disposal of the client's money.