Law on the Legal Profession of the Federation of Bosnia and Herzegovina
Prepared by: Azur Prnjavorac, attorney-at-law — Unofficial consolidated text — Last updated:
("Official Gazette of the Federation of Bosnia and Herzegovina", No. 01/2025 of 10 January 2025)
Note: Attached is an unofficial consolidated English translation of the Law on the Legal Profession of the Federation of Bosnia and Herzegovina (Bosnian/Croatian/Serbian original title: Zakon o advokaturi / odvjetništvu Federacije Bosne i Hercegovine), published in the Official Gazette of the Federation of BiH No. 01/2025 of 10 January 2025. Prepared by the Law Office Prnjavorac, Tuzla. Only the official original text in the official languages is authoritative.
- Who may be an attorney: only persons enrolled in the Register of Attorneys of the Bar Association of the FBiH and who have taken the solemn oath.
- Admission requirements: citizenship of BiH, law degree, passed bar examination, passed attorney examination, minimum 2 years of legal work experience, suitable office.
- Attorney-client privilege: continues after termination of representation; binds office staff; exceptions only in statutorily defined cases.
- Liability insurance: mandatory; without proof of insurance, no attorney ID card is issued.
- Fees: regulated by the Tariff adopted by the Bar Association with the consent of the Federal Minister of Justice; charging above the Tariff is a serious disciplinary violation.
- Disciplinary sanctions: reprimand, public reprimand, monetary fine, practice ban, deletion from the Register.
- Attorneys from the RS: may appear in the FBiH but may not establish offices; foreign attorneys — only under reciprocity and with consent of the Ministry of Justice.
CHAPTER I. – BASIC PROVISIONS
Article 1
(Content of the Law)
(2) This Law partially harmonizes 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)
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 practices 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 of 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 entity engaged in legal practice and enrolled in the register of attorneys of a foreign state or another corresponding register;
d) candidate means a person who has submitted an application to the regional bar association (hereinafter: regional chamber) for enrollment in the Register of Attorneys, until enrolled in the Register and having taken the solemn oath;
e) client means a domestic or foreign natural or legal person who has approached an attorney for legal assistance, as well as a person whom the attorney represents or defends;
f) representation includes the representation and defense 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 practice 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 with offices in the Federation are enrolled;
j) joint law office means a law office established by two or more attorneys by 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 with offices in 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 with offices in the Federation are enrolled;
m) legal associate means a graduate lawyer who has passed the bar examination and who has entered into an employment contract with an attorney, joint law office, or law firm as employer for the performance of legal work within the employer's activity, for the purpose of additional professional training for work in the legal profession or 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 graduate lawyer who, by performing trainee service with an attorney, joint law office, or law firm, is being trained for work in the legal profession and 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 of knowledge of domestic and international regulations and legal acts pertaining to the legal profession.
(2) Terms used in this Law and in regulations adopted on the basis of this Law in a single grammatical gender for the sake of clarity refer, without discrimination, to both men and women.
Article 3
(Independence and Autonomy of the Legal Profession)
(2) The independence and autonomy of the legal profession are realized through:
a) independent and autonomous practice of law;
b) the client's right to freely choose an attorney;
c) the organization of attorneys in the Bar Association as an independent and autonomous organization of attorneys in the Federation;
d) decision-making on admission to the legal profession, disciplinary liability of attorneys, and termination of the right to practice law;
e) adoption of the Statute and other regulations of the Bar Association.
Article 4
(Powers of the Attorney)
a) providing oral and written legal advice and opinions;
b) drafting lawsuits, motions, requests, petitions, legal remedies, submissions, and other pleadings;
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 associations lacking party capacity but to which the court or other authorities recognize such capacity;
e) mediating for the conclusion of a legal transaction or amicable resolution of a dispute or contentious relationship;
f) performing other legal assistance services on behalf of and for the account of a domestic or foreign natural or legal person and those associations lacking party capacity but to which the court or other authorities recognize such capacity, on the basis of which rights are exercised, freedoms and other interests are protected.
CHAPTER II. – CONDITIONS FOR PRACTICE OF LAW
Article 5
(Practice of Law)
(2) The right to practice law is acquired by enrollment in the Register of Attorneys and taking the solemn oath.
(3) Proceedings for obtaining the right to practice law are initiated by the candidate's application for enrollment in the Register of Attorneys, submitted to the regional chamber.
Article 6
(Enrollment 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 holds 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; if the person has graduated from a law faculty in a foreign state, this requirement is met after recognition of the diploma in accordance with the regulations governing recognition of such diploma and educational level in the Federation;
c) has passed the bar examination in Bosnia and Herzegovina or in the former SFR Yugoslavia by 6 April 1992; if the bar examination was passed in another state, this requirement 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, judiciary, notarial practice, administrative authorities, or in a legal person;
f) has health and legal capacity to practice law;
g) has not been convicted of a criminal offense that would render the person unfit to practice law;
h) has not been dismissed from the judicial or civil service organs 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 enrollment in the Register of Attorneys;
i) is not in an employment relationship at the time of enrollment in the Register of Attorneys;
j) does not engage in registered independent activity;
k) is not a member of the supervisory board, director, or member of management, the management board, or the executive board, or the audit board in a public enterprise or companies with majority state ownership, except in a law firm;
l) has secured workspace – an office suitable for the practice of law that meets technical requirements in accordance with the act of the Bar Association;
m) has no restrictions provided for in the Statute.
(2) Restrictions concerning enrollment in the Register of Attorneys relating to prior functions and activities of the applicant shall be regulated in more detail by the Statute of the Bar.
(3) Fulfillment of the conditions for enrollment in the Register of Attorneys under paragraph 1 of this Article is determined by the competent body of the regional chamber.
Article 7
(Unfitness to Practice Law)
(2) A person is unfit to practice law if found guilty by a final judgment of a criminal offense connected with their work in the legal profession, judiciary, or administrative authorities.
(3) A person is unfit to practice law whose previous activity outside the authorities referred to in paragraph 2 of this Article does not guarantee that the person will conscientiously perform legal practice. When assessing fitness, all facts and circumstances pointing to a conclusion about the applicant's person shall be considered; this shall be regulated in more detail by the Statute of the Bar Association.
(4) If an application for enrollment in the Register of Attorneys is rejected because the applicant is unfit to practice law for the reasons referred to in paragraph 3 of this Article, a new application for enrollment may not be submitted before the expiry of five years from the finality of the rejection decision.
Article 8
(Application for Enrollment in the Register of Attorneys)
(2) The regional chamber shall obtain ex officio evidence of fulfillment of the condition referred to in Article 6 paragraph 1 letter g) of this Law.
(3) The competent internal affairs authority is obliged, upon request of the regional chamber, to provide data from the criminal record of the candidate.
Article 9
(Handling of the Application)
(2) The decision on enrollment in the Register of Attorneys is issued by the competent body of the regional chamber.
(3) If the regional chamber rejects the application by decision, the applicant may, within 15 days, lodge an appeal with the Bar Association.
(4) The regional chamber shall, without delay, forward the enrollment decision referred to in paragraph 1 of this Article to the Bar Association, which must confirm the existence of enrollment conditions within 30 days from receipt.
(5) If the Bar Association confirms the existence of enrollment conditions, enrollment in the unified Register of Attorneys shall be carried out.
(6) If the Bar Association determines that the conditions are not met, it shall annul the regional chamber's enrollment decision and return the matter to the regional chamber for further proceedings.
(7) No appeal is allowed against the decision of the Bar Association issued on the application for enrollment in the Register of Attorneys, but administrative dispute proceedings may be initiated before the competent court.
(8) The Bar Association shall, without delay, notify the bar association of the Republika Srpska of the final decision rejecting an application for enrollment.
Article 10
(Annulment of the Enrollment Decision)
a) the candidate fails to take the solemn oath in accordance with Article 11 of this Law;
b) it is determined after enrollment in the Register of Attorneys that the conditions for issuing the enrollment decision were not met;
c) within the period referred to in Article 15 paragraph 1 of this Law, they fail to conclude a professional liability insurance contract and submit proof thereof to the regional chamber.
(2) Proceedings for annulment of the enrollment decision shall be initiated ex officio or upon notification.
(3) The Bar Association shall, without delay, and at the latest within eight days, notify the attorney against whom proceedings have been initiated of the initiation of proceedings under paragraph 2 of this Article.
(4) The annulment proceedings 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)
(2) The solemn oath is taken before the President of the Bar Association or a person authorized by them.
(3) The text of the solemn oath reads:
"I solemnly declare that I shall practice the legal profession 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 fulfill all obligations to the Bar Association of the Federation of Bosnia and Herzegovina."
Article 12
(Attorney ID Card)
(2) The attorney ID card is signed by the President of the Bar Association.
(3) The attorney ID card contains the attorney's first and last name, photograph, sequential number, day, month, and year of enrollment in the Register of Attorneys, as well as other data relevant to determining the attorney's status.
(4) The form, content, design, registration, and other matters relating to the issuance and use of the attorney ID card shall be regulated by a regulation adopted by the President of the Bar Association.
Article 13
(Use of the Attorney ID Card)
(2) In case of doubt about the status of a person presenting themselves as an attorney, the authority conducting the proceedings may request the necessary information from the Bar Association, which is obliged to act upon such request without delay.
Article 14
(Foreign Attorneys)
(2) The representation referred to in paragraph 1 of this Article may be conducted by the foreign attorney exclusively on the basis of 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 shall be 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 must submit proof of enrollment in the Register of Attorneys of the home state.
Article 15
(Mandatory Professional Liability Insurance)
(2) In case of obtaining the consent referred to in Article 14 paragraph 2 of this Law, the foreign attorney is obliged to conclude a professional liability insurance contract with a legal entity registered in Bosnia and Herzegovina for this type of insurance and submit it to the Federal Ministry of Justice within 15 days from 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 matter.
CHAPTER III. – RIGHTS AND DUTIES OF ATTORNEYS
Article 16
(Duties of the Attorney)
a) to engage in legal practice 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 safeguard attorney-client privilege;
d) in professional work and in private life accessible to the public, to safeguard the reputation of the legal profession.
Article 17
(Rights and Duties in Taking Legal Actions)
Article 18
(Attorneys of the Bar Association of the Republika Srpska)
Article 19
(Provision of Legal Assistance)
(2) The attorney may not refuse to provide legal assistance if appointed as representative or defense counsel in accordance with the law by a court, another state authority, or the Bar Association, unless there are statutory grounds requiring refusal of representation, or unless the attorney has stated in writing that they do not provide services in that area of law.
Article 20
(Refusal to Provide Legal Assistance)
a) if they have represented the opposing party in the same legal matter;
b) if they are or were a member of a joint law office or law firm in which the opposing party is or was represented in the same legal matter;
c) if they acted in the same legal matter as a holder of a judicial function or an official in a state authority or local self-government authority;
d) if, before the expiry of two years from the termination of their judicial function or position as an official in a state authority or local self-government authority, a person whose same or other legal matter they handled in those capacities approaches the attorney for legal assistance;
e) if the interests of the client seeking legal assistance conflict with their interests or the interests of their close relatives, friends, associates, or other clients, as regulated 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 was represented in the same legal matter.
(2) The 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
(Pro Bono Legal Assistance)
(2) The Bar Association shall, by its regulation, determine the conditions for free provision of legal assistance referred to in paragraph 1 of this Article, as well as the number of cases at the annual level in which free legal assistance shall be provided.
Article 22
(Duty to Keep and Return Files)
(2) If representation was terminated during proceedings, the attorney may refuse to hand over the case file to the client upon their request if the client has not paid the fee and reimbursement of costs incurred in taking actions in the proceedings, unless harmful consequences could arise for the client from such refusal or it would impede or prevent the client from taking actions in the proceedings.
(3) The attorney may refuse to hand over the case file to the client upon their request after the conclusion of proceedings if the client has not paid the fee and reimbursement of costs referred to in Article 27 of this Law.
(4) The attorney is obliged to inform the client of the status of the case.
(5) The 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 of finality of the proceedings or from the date of cancellation or revocation of the power of attorney.
Article 23
(Attorney-Client Privilege)
(2) The attorney-client privilege referred to in paragraph 1 of this Article must also be safeguarded 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 duty to safeguard attorney-client privilege ceases on the basis of the client's express consent, as well as when the client has initiated disciplinary proceedings against the attorney, when this is necessary for the defense of the attorney in criminal proceedings initiated against them, when the attorney suspects that a serious criminal offense is about to be committed, and when the attorney initiates proceedings to recover costs and expenses owed by the client.
(4) The manner of safeguarding attorney-client privilege and conduct in connection with such privilege are regulated by the Statute and the Code.
Article 24
(Exclusion from Criminal Liability)
Article 25
(Incompatibility with the Practice of Law)
(2) The Statute and the Code shall further regulate the activities referred to in paragraph 1 of this Article and may provide for other activities incompatible with the reputation and independence of the legal profession.
Article 26
(Representation by Legal Associates and Trainee Lawyers)
(2) The attorney, joint law office, or law firm employing such person is liable for the omissions of the legal associate and trainee lawyer.
Article 27
(Fees and Reimbursement of Costs)
(2) The amount of the fee for ex officio defense shall be determined by the Federal Minister of Justice, in consultation with the Bar Association.
(3) The attorney is obliged to issue an invoice to the client after fully completing the client's order for the requested legal service, as well as upon receipt of an advance.
(4) The Tariff referred to in paragraph 1 of this Article shall be published in the "Official Gazette of the Federation of BiH".
Article 28
(Contingent Fee Agreement)
(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)
(2) On monetary funds received on behalf of the client, the attorney has a lien to secure collection of the fee and reimbursement of costs.
Article 30
(Prohibition of Advertising)
(2) The prohibition referred to in paragraph 1 of this Article in the territory of the Federation also applies to attorneys and other forms of practice of law enrolled in the corresponding registers of the bar association of the Republika Srpska and bar associations from abroad.
(3) Both the member of the Bar Association engaging in such advertising and the member of the Bar Association accepting their advertising by others are liable for prohibited advertising.
(4) The prohibition of advertising, liability for breach of this prohibition, and the permitted manner of presentation shall be regulated in more detail by the Statute of the Bar Association and the Code.
Article 31
(Law Office)
(2) The attorney, as a rule, provides legal assistance in their law office, at hearings, main hearings, on-site inspections, reconstructions, negotiations, or upon concluding legal transactions, and in other places necessary for providing legal assistance to the client, as regulated in more detail by the Statute of the Bar Association.
(3) The attorney freely chooses and changes the office location in the territory of the Federation.
(4) Any intended change of office location must be reported by the attorney to the regional chamber in whose area they have their office; the regional chamber shall then determine the existence of conditions for the operation of that law office at the new location, of which the regional chamber shall inform the Bar Association.
(5) In case of change of law office location from one regional chamber to another, the attorney is obliged to notify the regional chamber where they have their office and the regional chamber in whose area they intend to have their office. The regional chamber in whose area the attorney will have the intended location shall determine the existence of conditions for the operation of that law office.
(6) Every change of law office location is entered in the corresponding register of the regional chamber of the new attorney's location.
(7) The regional chamber must make the entry referred to in paragraph 6 of this Article and notify the Bar Association and the regional chamber of the previous attorney's location within 15 days from the date of change.
Article 32
(Attorney's Sign)
Article 33
(Seal)
(2) An attorney who is a member of a joint law office or law firm is obliged, in addition to the seal of such forms of organization of the attorneys' work, to possess and use the seal referred to in paragraph 1 of this Article.
(3) The attorney is obliged to affix their signature and seal to every document, letter, or submission they have prepared.
Article 34
(Cancellation of Representation)
(2) The attorney may cancel the power of attorney for representation for reasons prescribed in the Code.
(3) The attorney is obliged, without delay, to notify the client and the authority before which the proceedings are conducted of the cancellation of representation.
(4) The attorney is obliged to continue to provide legal assistance to the client even after canceling representation, if necessary to prevent harm to the client they represent, but for no longer than 30 days from the date of cancellation of the power of attorney.
(5) The attorney is not obliged to act in accordance with paragraph 4 of this Article if the client has expressly released them from this obligation.
Article 35
(Membership Fee and Other Material Obligations)
Article 36
(Inspection of the Law Office)
Article 37
(Search of the Law Office)
(2) When the court orders the search of an attorney and law office, it shall notify the regional chamber in whose area the office to be searched is located. The search may not be initiated or conducted without the presence of an authorized representative of the regional chamber, unless they fail without justified reason to respond to a proper and timely summons to attend the search.
(3) When searching an attorney and law office, the confidentiality of documents and items must not be violated to the detriment of the client.
(4) The search of an attorney and law office shall be limited exclusively to the inspection only of those documents and only those items directly connected to the criminal offense for which 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 immediately notify the regional chamber of the search, initiation of proceedings against the attorney, and ordering of detention of the attorney.
Article 38
(Obtaining Information, Files, and Evidence)
(2) State or other competent authorities, institutions, and business companies are obliged, in accordance with this Law, to enable the attorney access to the information, files, and evidence referred to in paragraph 1 of this Article.
Article 39
(Professional Liability Insurance)
(2) The attorney is obliged to conclude a professional liability insurance contract with a legal entity 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 shall determine 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 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 practice until the day they submit proof of fulfillment of this obligation.
Article 40
(Amount of the Sum Insured)
a) 250,000 BAM for an attorney, regardless of whether they practice law independently or as a member of a joint law office or as a member of a law firm;
b) 1,000,000 BAM for a law firm.
(2) If, on the day of occurrence of the insured event, the law firm has no insurance contract for the sum insured referred to in paragraph 1 of this Article, the members of that firm shall be jointly and severally liable for the obligations of that firm up to the amount of the minimum sum insured prescribed for that law firm.
Article 41
(Tax Obligations)
CHAPTER IV. – TERMINATION OF THE RIGHT TO PRACTICE LAW AND TEMPORARY PROHIBITION OF LEGAL PRACTICE
Article 42
(Termination of the Right to Practice Law)
a) if they lose citizenship of Bosnia and Herzegovina or the Federation of Bosnia and Herzegovina;
b) upon personal request, from the date specified in the request; if the request for deletion from the Register of Attorneys does not specify a date of termination of the right to practice law, or specifies a date preceding the date of submission of the request, then from the date of submission of the request;
c) in the event of death or declaration of death;
d) in the event of full or partial loss of legal capacity;
e) in the event of loss of health capacity to practice law;
f) in the event of imposition of the disciplinary measure of deletion from the Register of Attorneys;
g) in the event of occurrence of grounds for unfitness under Article 7 of this Law;
h) in the event of imposition of the security measure of prohibition to practice law in criminal proceedings;
i) in the event of commencement of serving a prison sentence longer than six months;
j) if the practice of law is not pursued continuously for more than six months;
k) in the event of engaging in an activity under Article 25 of this Law;
l) in the event of failure to conclude a professional liability insurance contract;
lj) if the attorney fails to pay the membership fee and other material contributions to the bar associations for a period exceeding six months in one calendar year;
m) if they enter into an employment relationship outside legal practice.
(2) The attorney shall be deemed not to have practiced law continuously for more than six months also if, within that period, documents could not be delivered to them at the address of the law office, as established by a decision of the competent regional chamber.
(3) The competent regional chamber is obliged, within 15 days from the occurrence of any of the grounds for termination of the right to practice law referred to in paragraph 1 of this Article, to carry out deletion from the Register of Attorneys and appoint a liquidator of the case files of the law office.
(4) In the cases under paragraph 1 letters c), g), and h) of this Article, the right to practice law terminates on the date of finality of the decision of the competent court. In all other cases, the right to practice law terminates on the date on which the decision became final, or on the date specified therein.
(5) If the attorney has ceased to practice law upon personal request, they are obliged to propose themselves a liquidator of their law office.
(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)
(2) If the competent body of the regional chamber fails to issue the decision referred to in paragraph 1 of this Article although informed of the occurrence of any condition for termination of the right to practice law, the Bar Association is authorized to directly issue a decision on termination of the practice of law and deletion from the Register of Attorneys. This decision is final.
(3) An appeal may be lodged against the decision of the regional chamber to the Bar Association within 15 days from receipt of the first-instance decision.
(4) Administrative dispute proceedings may be initiated against the final decision of the Bar Association.
Article 44
(Re-enrollment in the Register of Attorneys)
(2) If the attorney's right to practice law has terminated on the basis of a security measure or disciplinary measure, they acquire the right to submit an application for re-enrollment upon expiry of the period for which the measure was imposed.
(3) In other cases, an attorney whose right to practice law has terminated may request re-enrollment in the Register of Attorneys when the reasons for which the practice of law ceased have been eliminated.
Article 45
(Temporary Cessation of Legal Practice)
a) due to professional development or other justified reasons and during temporary incapacity, while such reasons last;
b) during temporary incapacity due to illness, maternity leave, leave for the care of a child or other family members.
(2) The attorney is obliged, no later than 30 days before the start of exercising the right under paragraph 1 letter a) of this Article and within 30 days from the occurrence of temporary incapacity under paragraph 1 letter b) of this Article, to submit to the regional chamber a reasoned request for recognition of the right to temporary cessation of legal practice and submit appropriate evidence and data on the start and duration of the temporary cessation of legal practice.
(3) The attorney's right to practice law temporarily ceases in the event of election, appointment, or designation to public office in an authority of Bosnia and Herzegovina, the Federation, a canton, or a local self-government unit.
(4) The attorney is obliged, before commencing the public office under paragraph 3 of this Article, to submit to the regional chamber a request for temporary cessation of the right to practice law.
(5) If the attorney fails to comply with the obligation under paragraph 2 of this Article, the regional chamber shall, ex officio, issue a decision on their deletion from the Register of Attorneys.
(6) If the attorney, within 30 days from the termination of the public office under paragraph 3 of this Article, fails to submit a request for approval of further continuation of legal practice, the regional chamber 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)
(2) A temporary substitute referred to in paragraph 1 of this Article may only be an attorney enrolled in the Register of Attorneys of the Bar Association.
(3) The temporary substitute shall be the attorney proposed by the temporarily substituted attorney, if accompanied by the written consent of that attorney; if no such proposal or consent is available, the regional chamber shall appoint the temporary substitute, taking into account the mutual relations between the temporarily substituted attorney and their possible substitute, the similarity of the areas of law they practice, as well as the reputation of the legal profession.
Article 47
(Temporary Prohibition of Legal Practice)
(2) The attorney shall be temporarily prohibited from practicing law:
a) if detention has been ordered against them;
b) if criminal or disciplinary proceedings have been initiated against them for an act or violation rendering them unfit to practice law and they are obstructing or making impossible the conduct of the disciplinary proceedings initiated against them by their actions;
c) if proceedings have been initiated to delete enrollment from the Register of Attorneys;
d) if they do not practice at the address registered with the regional chamber;
e) if they have not paid the membership fee for six months;
f) if they fail to submit proof of having renewed 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 to the regional chamber that became due by the end of the previous year.
(3) The regional chamber shall, by the decision on 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 temporary prohibition of legal practice has ceased, a decision on termination of the prohibition shall be issued.
Article 48
(Appeal Against the Decision)
(2) The competent body of the Bar Association decides on the appeal within the period established by the Statute of the Bar Association.
(3) The Bar Association informs the bar association of 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 about the temporary prohibition of legal practice; the regional chambers inform the courts according to the location of the attorney's law office.
(4) More detailed provisions on the procedure and duration of temporary prohibition of legal practice shall be regulated by the Statute of the Bar Association.
Article 49
(Obligation to Notify the Bar Association)
CHAPTER V. – PRACTICE OF LAW
Article 50
(Forms of Practice)
(2) All forms of attorneys' work are identified by seal, 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 enrollment documents and founding acts.
(3) The provisions of this Law regulating the status of the attorney also apply to the joint law office and law firm, unless otherwise provided by this Law.
Article 51
(Independent Practice of Law)
Article 52
(Joint Law Office)
(2) The contracting parties shall submit the contract referred to in paragraph 1 of this Article and the application for enrollment in the Register of Joint Law Offices to the Bar Association within 15 days from the date of conclusion of the contract.
Article 53
(Operation of the Joint Office)
(2) The joint office must have an office suitable for the practice of law in this form of organization.
(3) The joint office must have a clearly visible sign with the text: "JOINT LAW OFFICE", with its specific name if any, and the names of members of the joint office in accordance with the founding contract and the Statute.
(4) The joint office has a seal in the center of which is the text: "JOINT LAW OFFICE", with its specific name if any, the names of members of the joint office, and the name of the place where the seat of the joint office is located, in accordance with the founding contract and the Statute.
(5) The joint office does not have the status of a legal entity but has the status of a single taxpayer.
(6) The joint office ceases by agreement or when only one attorney remains in it.
Article 54
(Rules of Representation and Obligations of the Joint Office)
(2) If the power of attorney for representation has not been issued to all attorneys of the joint office, only those attorneys of the joint office to whose names the power of attorney has been issued are responsible for obligations toward the client granting the power of attorney.
(3) The attorneys in the joint office are jointly and severally liable for obligations incurred in the operation of the joint office.
Article 55
(Conclusion of Employment Contracts)
(2) With regard to the rights and duties of employees in the joint office that are not regulated by the employment contract, the provisions of the Labor Law shall apply.
Article 56
(Law Firm)
(2) A law firm may also have branches, with each branch having at least one attorney employed full-time. The procedure for establishing a branch shall be 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) Members of a law firm may only be attorneys who are members of the Bar Association and who practice law in that law firm.
(5) The practice of law within a law firm may be assigned to attorneys, legal associates, and trainee lawyers employed in the law firm.
(6) The rights, duties, and responsibilities prescribed for attorneys by this Law in the practice of their work also apply to attorneys employed in the law firm.
(7) A law firm may not establish any other business company.
Article 57
(Establishment of a 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) The law firm is obliged, within eight days of receiving notification and the decision of the competent court on registration, to notify the regional chamber of the entry made in the appropriate register of business entities. https://advokat-prnjavorac.com
(4) The regional chamber is obliged, within eight days from the date of receipt of the notification referred to in paragraph 3 of this Article, to enter the law firm in the Register of Law Firms.
(5) The law firm and its attorneys may not provide legal assistance before the law firm is entered in the Register of Law Firms of the Bar Association.
Article 58
(Operation of the Law Firm)
(2) The law firm must have a clearly visible sign with the text: "LAW FIRM" and the firm's name in accordance with the founding contract and the Statute.
(3) The law firm has a seal with the text: "Law firm", the firm's name, and the name of the place where the firm's seat is located.
(4) The provisions of paragraphs 1, 2, and 3 of this Article also apply to branches of the law firm.
Article 59
(Deletion of a Law Firm)
a) when a court, by its decision, prohibits the law firm from operating;
b) when the law firm has not carried out its activity for more than six months without interruption;
c) when all members 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 the appeal against the deletion of the law firm is final; an administrative dispute may be initiated against it.
(4) In the procedure for 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, immediately upon issuing the decision referred to in paragraph 1 of this Article, to notify the competent registry court for the implementation of the corresponding procedure for deletion from the register of business entities.
(6) The law firm ceases to practice law on the date of deletion from the Register of Law Firms.
(7) The Bar Association shall take all necessary measures to protect the interests of clients represented by the law firm deleted from the Register of Law Firms.
Article 60
(Liability of the Law Firm)
Article 61
(Change of Seat of the Law Firm)
Article 62
(Cooperation)
(2) Cooperation contracts must be based on the principles of equality and mutual trust and may not place individual attorneys, joint law offices, and law firms in a subordinate position. The more detailed conditions and manner of 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 in Bosnia and Herzegovina that are not registered for the practice of law and engage in unauthorized offering, contracting, or collection of legal services is impermissible.
(4) Any form of cooperation with foreign attorneys is impermissible if they use such cooperation to falsely represent an attorney member of the Bar Association as their company's attorney, as their partner, as their branch, or as an existing institutional connection with them.
(5) Attorneys, joint law offices, and law firms are prohibited from indicating on websites, the clearly visible sign, letterhead, and similar, the existence of an agreement and cooperation referred to in paragraph 1 of this Article.
(6) Violation of paragraphs 3, 4, and 5 of this Article shall be deemed a serious violation of attorney's duties.
Article 63
(Transfer of Shares)
(2) In case of transfer of shares other than by inheritance or gift, the members of the law firm shall have a right of pre-emption on such share.
(3) The transferor transferring ownership of the law firm is obliged, through the management of the law firm, to notify all members of the intention to sell.
Article 64
(Liquidation Procedure)
(2) The law firm is obliged, within 15 days from receipt of the decision referred to in paragraph 1 of this Article, to initiate the liquidation procedure.
(3) If the law firm fails to initiate the liquidation procedure within the period referred to in paragraph 2 of this Article, the regional chamber is obliged to initiate the same within 30 days from the expiry of the period referred to in paragraph 2 of this Article.
Article 65
(Liquidator of the Law Firm)
(2) Notwithstanding paragraph 1 of this Article, an attorney proposed by the Bar Association shall be appointed as liquidator in the following cases:
a) when the attorney referred to in paragraph 1 of this Article does not accept the appointment of liquidator;
b) when there is no such attorney (in case of death of the sole founder);
c) when the members do not reach an agreement under paragraph 1 of this Article;
d) when the Bar Association assesses that the attorney under paragraph 1 of this Article could not perform the task of liquidator given the reasons for which it issued the decision on deletion of the law firm from the Register of Law Firms.
Article 66
(Handover of Files)
(2) When handing over the files, the liquidator is obliged to determine the status of claims against the client, notify the client thereof, and, where possible, record this in a protocol.
Article 67
(Assets of the Law Firm After Liquidation)
CHAPTER VI. – LEGAL ASSOCIATE
Article 68
(Legal Associate)
(2) The status of legal associate is acquired by enrollment in the Register of Legal Associates of the Bar Association.
Article 69
(Legal Associate ID Card)
(2) The ID card referred to in paragraph 1 of this Article is issued by the Bar Association.
Article 70
(Rights and Duties of the Legal Associate)
Article 71
(Restrictions on the Conduct of the Legal Associate)
Article 72
(Liability for Damages)
(2) The attorney who has compensated the damage referred to in paragraph 1 of this Article may claim recourse from the legal associate if the damage was caused by intent or gross negligence.
(3) A legal associate who, at work or in connection with work, intentionally or by gross negligence causes damage to the attorney, joint office, or law firm, is obliged to compensate the damage.
Article 73
(Deletion from the Register of Legal Associates)
a) upon termination of the employment contract;
b) upon enrollment in the Register of Attorneys;
c) in case of termination of the right to practice law of the attorney with whom they have concluded an employment contract;
d) if they lose citizenship of Bosnia and Herzegovina;
e) upon personal request;
f) in case of death or declaration of death;
g) in case of full or partial loss of legal capacity;
h) upon imposition of a disciplinary measure prohibiting the legal associate from practicing;
i) in case of occurrence of grounds under Article 25 of this Law;
j) in case of imposition of the security measure of prohibition to practice law;
k) in case of commencement of serving a prison sentence of more than six months;
l) if, without justified reason, they do not perform the activity of legal associate for more than 60 days continuously.
(2) The decision on deletion referred to in paragraph 1 of this Article is issued by the competent body of the Bar Association.
Article 74
(Organization of Legal Associates)
(2) The organization of legal associates participates in the bodies of the Bar Association and regional chambers with rights and duties established by the Statute of the Bar Association.
Article 75
(Mutatis Mutandis Application of Provisions)
CHAPTER VII. – TRAINEE LAWYER
Article 76
(Trainee Lawyer)
(2) The status of trainee lawyer may not be acquired by a person who has already fulfilled the requirements for taking the bar examination.
(3) The traineeship lasts until acquiring the conditions for taking the bar examination, 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 enrolled in the Register of Attorneys who has practiced law for more than five years.
(5) Exceptionally, the competent body of the Bar Association may, upon the request of the attorney and the trainee lawyer, if the request is justified, extend the duration of the status of trainee lawyer for one additional year.
Article 77
(Enrollment in the Register of Trainee Lawyers)
(2) The status of trainee lawyer is acquired by enrollment in the Register of Trainee Lawyers.
Article 78
(Mutatis Mutandis Application of Provisions)
Article 79
(Deletion from the Register of Trainee Lawyers)
a) upon termination of the employment contract;
b) upon enrollment in the Register of Legal Associates or in the Register of Attorneys;
c) in case of termination of the right to practice law of the attorney with whom they have concluded an employment contract;
d) if they lose citizenship of Bosnia and Herzegovina or the Federation of Bosnia and Herzegovina;
e) upon personal request;
f) in case of death or declaration of death;
g) in case of full or partial loss of legal capacity;
h) upon imposition of a disciplinary measure prohibiting the trainee lawyer from practicing;
i) in case of occurrence of grounds under Article 25 of this Law;
j) in case of commencement of serving a prison sentence of more than six months;
k) if, without justified reason, they do not perform the activity of trainee lawyer for more than 60 days continuously;
l) by passing the bar examination or expiry of the traineeship period under Article 76 paragraphs 3 and 5 of this Law.
Article 80
(Organization of Trainee Lawyers)
(2) The organization of trainee lawyers participates in the bodies of the Bar Association and the regional chambers with rights and duties established by the Statute of the Bar Association and by other general regulations of the Bar Association or the regional chambers.
Article 81
(Trainee Lawyer ID Card)
Article 82
(Annulment of Enrollment in the Register of Trainee Lawyers)
(2) In case of annulment of enrollment in the Register of Trainee Lawyers, the time spent by the enrolled trainee lawyer in practice shall not be recognized as traineeship time for taking the bar examination.
Article 83
(Rights of Trainee Lawyers)
(2) During the traineeship, the trainee lawyer is entitled to wages and other rights arising from the employment relationship in accordance with the law and the employment contract.
Article 84
(Work of the Trainee Lawyer)
(2) The trainee lawyer may not engage in providing legal assistance under Article 4 of this Law.
Article 85
(Liability for Damages)
(2) The attorney who has compensated the damage referred to in paragraph 1 of this Article may claim recourse from the trainee lawyer if the damage was caused by intent or gross negligence.
Article 86
(Termination of the Status of Trainee Lawyer)
(2) The status of trainee lawyer also terminates if the trainee does not pass the bar examination even after two years from acquiring the right to take it or under Article 76 paragraph 5.
(3) Upon fulfilling the conditions under paragraph 1 of this Article or expiry of the period under paragraph 2 of this Article, the Bar Association shall issue a decision on deletion of the trainee lawyer from the Register of Trainee Lawyers.
CHAPTER VIII. – ATTORNEY EXAMINATION AND CONTINUING LEGAL EDUCATION
Article 87
(Attorney Examination)
(2) The right to take the attorney examination is held by a person who has passed the bar examination.
(3) The attorney examination is taken before the Examination Commission for the Attorney Examination.
(4) The program of the attorney examination, the manner of formation and composition of the Examination Commission for the Attorney Examination, the election of members, the manner of work and decision-making of the Commission, and the issuance of the certificate of passing the examination shall be prescribed by the Statute and other regulations of the Bar Association.
Article 88
(Attorney Academy)
(2) The establishment, organization, and operation of the Attorney Academy, as well as the adoption of the general and specialized training program, shall be regulated by the Statute and other regulations of the Bar Association.
Article 89
(Continuing Education of Attorneys, Legal Associates, and Trainee Lawyers)
(2) An attorney employing a legal associate or trainee lawyer is obliged to ensure them appropriate working and training conditions in accordance with the purpose of training and traineeship, and to fully implement the plan and program of their training.
(3) The Statute of the Bar Association regulates the obligation of attorneys to continuously improve professionally.
CHAPTER IX. – ORGANIZATION OF THE LEGAL PROFESSION
Article 90
(Bar Association)
(2) The seat of the Bar Association is in Sarajevo.
(3) The Bar Association has the status of a legal entity.
Article 91
(Regional Bar Associations)
(2) The Bar Association consists of:
a) Regional Bar Association of Sarajevo (formed for the territory of the Sarajevo Canton and the Bosnian Podrinje Canton);
b) Regional Bar Association of Mostar (formed for the territory of the Herzegovina-Neretva Canton, West Herzegovina Canton, and Canton 10);
c) Regional Bar Association of Tuzla (formed for the territory of the Tuzla Canton and Posavina Canton);
d) Regional Bar Association of Zenica (formed for the territory of the Zenica-Doboj Canton and Central Bosnia Canton);
e) Regional Bar Association of Bihać (formed for the territory of the Una-Sana Canton).
(3) Attorneys from the Brčko District of Bosnia and Herzegovina may be members of the regional chamber referred to in paragraph 2 letter c) of this Article.
(4) The regional chambers have the status of legal entities.
Article 92
(Competences of the Bar Association)
a) develops and promotes legal practice;
b) ensures the autonomy of legal practice;
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 enrollment in the registers of attorneys, legal associates, and trainee lawyers;
h) decides on appeals against decisions of regional chambers;
i) adopts the Regulation on Disciplinary Liability;
j) initiates disciplinary proceedings and determines disciplinary liability for violations established under this Law and the Code;
k) protects the rights and interests of attorneys, joint law offices, law firms, legal associates, and trainee lawyers;
l) organizes and ensures the continuing education of attorneys and the training of legal associates and trainee lawyers;
m) establishes the Attorney Academy and supervises its activity;
n) cooperates with legislative, judicial, and executive bodies in Bosnia and Herzegovina;
o) cooperates with state and international organizations, institutions, and associations;
p) cooperates with the bar association of the Republika Srpska, bar associations of foreign states, and regional and international associations of attorneys;
r) performs all other tasks established by the Statute necessary for the practice of law;
s) decides on fitness;
t) provides interpretation of the acts of the Bar Association.
(2) The Bar Association is authorized to take over decision-making and other tasks within the competence of the regional chambers if a regional chamber fails to perform the tasks entrusted to it by this Law.
Article 93
(Bodies of the Bar Association)
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 is four years.
(3) The office of the President of the Bar Association may not be granted to the same person twice in succession.
(4) The Bar Association may also establish other bodies as set out in the Statute of the Bar Association.
(5) The structure, competence, composition, manner of election, rights, and duties of the bodies of the Bar Association are regulated by this Law and the Statute.
Article 94
(Competence of the Assembly of the Bar Association)
a) adopts the Statute;
b) adopts the Code;
c) adopts the Regulation on Disciplinary Liability;
d) adopts the Tariff;
e) cooperates with legislative, judicial, and executive authority in Bosnia and Herzegovina;
f) cooperates with state and international organizations, institutions, and associations;
h) cooperates with the bar association of the Republika Srpska, bar associations of foreign states, regional bar associations, and international associations of attorneys;
i) performs all other tasks established by the Statute necessary for the practice of legal activity.
Article 95
(Composition and Work of the Assembly of the Bar Association)
(2) The assemblies of the regional chambers shall elect to the Assembly of the Bar Association one delegate per 20 members of the regional chamber, according to the number of attorneys enrolled as of 31 December of the calendar year preceding the year of the electoral assembly. The term of office of the members elected to the Assembly of the Bar Association is four years, but may not be longer than the term of office of the Assembly under Article 93 paragraph 2 of this Law.
(3) The Assembly may be electoral, regular, and extraordinary.
(4) The regular Assembly is held once a year.
(5) The electoral Assembly is held every four years and at it the President of the Bar Association, five members of the Management Board, members of the Disciplinary Court, the Disciplinary Prosecutor, and the Supervisory Board are elected.
(6) An extraordinary Assembly is held as needed and is convened by the Management Board or by one-third of the delegates of the Assembly.
(7) For the work and decision-making of the Assembly, the presence of more than half of the delegates is required. Decisions of the Assembly are considered adopted if more than half of the delegates present vote in favor.
(8) When the Assembly decides on and adopts the Statute and the Code, the decision is considered adopted if more than half of the delegates of each individual regional chamber vote in favor.
(9) If these acts cannot be adopted due to lack of qualified majority of delegates in the Assembly, the Management Board shall issue provisional acts. The decision is considered adopted if the majority of all members of the Management Board vote in favor. The Management Board is obliged, no later than six months from the issuance of provisional acts, to convene an Assembly and propose their adoption.
(10) Provisional acts remain in force until the Assembly decides on them.
Article 96
(Management Board of the Bar Association)
(2) The President of the Bar Association is, ex officio, a member of the Management Board.
(3) Each regional chamber 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 constitutive session of the Management Board, the Management Board shall elect the President and Vice-President of the Management Board.
Article 97
(Competences of the Management Board of the Bar Association)
a) proposes the Statute and the Code;
b) proposes the Tariff;
c) proposes the Regulation on Disciplinary Liability;
d) decides on appeals against decisions of regional chambers;
e) appoints the bodies designated in the Statute;
f) adopts the Regulation on registers, lists, and other records of the Bar Association and regional chambers;
g) organizes and ensures the continuing education of attorneys and the training of legal associates and trainee lawyers;
h) establishes the Attorney Academy and supervises its activity;
i) proposes to the Assembly measures and activities to develop the legal profession;
j) performs other tasks established in the Statute.
(2) The Management Board is also competent for all decisions not falling within the competence of the Assembly of the Bar Association or another body of the Bar Association.
Article 98
(President of the Bar Association)
(2) In case of their absence, the Bar Association is represented and stood for by the President of the Management Board, i.e. the Vice-President of the Management Board.
(3) The President of the Bar Association performs the following tasks:
a) issues the Regulation on the appearance, content, manner of issuance, and keeping of 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 established in the Statute and directed by the Assembly and the Management Board of the Bar Association.
Article 99
(Regional Chambers)
a) develops and promotes legal practice;
b) ensures the professional independence of attorneys;
c) adopts the Statute;
d) issues decisions on acquisition and termination of the right to practice law, to perform the activity of legal associate, and trainee lawyer;
e) initiates disciplinary proceedings and determines disciplinary liability for violations of this Law and the Code;
f) protects the rights and interests of attorneys, joint law offices, law firms, legal associates, and trainee lawyers;
g) organizes and ensures the continuing education of attorneys and supervises the training of legal associates and trainee lawyers;
h) cooperates with legislative, judicial, and executive authority;
i) mediates (mediation) between attorneys and their clients.
(2) The regional chambers are also competent for other tasks established by this Law and the Statute of the Chamber.
Article 100
(Bodies of the Regional Chamber)
Article 101
(Assembly of the Regional Chamber)
(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 Chamber)
(2) The competence of the President of the regional chamber and other bodies under Article 100 of this Law shall be established by the Statute of the regional chamber.
Article 103
(Registers and Lists)
(2) The Bar Association and the regional chambers 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 Bar Associations)
(2) The Bar Association informs the Parliament of the Federation of Bosnia and Herzegovina and the Federal Ministry of Justice about the situation and problems of the legal profession and about the measures that should be taken to develop the legal profession and protect freedoms and rights of citizens and legal entities.
(3) The Bar Association decides on the manner of cooperation with other bar associations, international associations of lawyers, and organizations.
Article 105
(General Regulations of the Bar Association)
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;
e) other general regulations established in the Statute of the Bar Association.
(2) The Statute and other general regulations of the Bar Association must be in accordance with this Law.
Article 106
(Publication of Acts)
Article 107
(Supervision over the Work of the Chambers)
(2) In performing the function of supervision and monitoring under 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 supervision and monitoring referred to in paragraph 1 of this Article shall be regulated in more detail by a bylaw issued by the Federal Minister of Justice.
CHAPTER X. – FINANCING OF THE BAR ASSOCIATIONS
Article 108
(Financing of the Bar Associations)
a) membership fees;
b) fees for enrollment in the registers;
c) other sources, such as monetary fines, reimbursements, donations, and similar.
Article 109
(Amount of Fees)
(2) Attorneys, joint law offices, and law firms are obliged to pay the membership fees referred to in paragraph 1 of this Article also for legal associates and trainee lawyers connected to them by employment contracts.
Article 110
(Payment of the Membership Fee)
(2) The Management Board of the Bar Association shall decide on the share of funds from membership fees and enrollment fees necessary for the financing of the Bar Association.
(3) The regional chambers are obliged to organize the proper collection of membership fees and, for all attorneys whose offices are located in their territory, to pay the share of membership fees in accordance with the decision of the Management Board of the Bar Association to the account of the Bar Association.
(4) If the funds received by the Bar Association based on enrollment fees of members of a regional chamber exceed the amount of that regional chamber's percentage share in its financing, the Bar Association is obliged to return the surplus to that regional chamber; if this amount is lower than the established share of the regional chamber, that regional chamber is obliged to transfer the difference from the funds collected from membership fees to the Bar Association.
CHAPTER XI. – DISCIPLINARY LIABILITY
Article 111
(Disciplinary Liability)
(2) Attorneys are liable for minor and serious violations of duty and the reputation of the legal profession.
(3) A serious violation of the attorney's duties and the reputation of the legal profession includes harm to the attorney's duties and the reputation of the legal profession, in particular:
a) failure to perform work in the legal profession conscientiously;
b) providing legal assistance in cases where the attorney is obliged to refuse such 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) charging a fee higher than that prescribed by the Tariff;
f) refusal to issue the client an invoice for the fee for actions performed and reimbursement of costs incurred in connection with the action carried out;
g) unauthorized disposal of the client's funds, unjustified retention of monetary funds and other material values collected or received in the name and on behalf of the client;
h) refusal to hand over files and documentation to the client, or conditioning the handover of files and documentation on the payment of due reimbursements and fees for representation contrary to the provisions of Article 22 of this Law;
i) violation of the Code;
j) violation of the statutory rights of the legal associate and trainee lawyer arising from their work.
(4) Minor violations of the attorney's duties and the reputation of the legal profession shall be prescribed by the Statute.
Article 112
(Disciplinary Bodies)
a) the Disciplinary Prosecutor of the regional chamber;
b) the Disciplinary Court of the regional chamber;
c) the Disciplinary Prosecutor of the Bar Association;
d) the Disciplinary Court of the Bar Association.
(2) The disciplinary bodies of each chamber are elected by the Assembly of the chamber.
(3) A member of a disciplinary body of a regional chamber may be an attorney with at least three years of work experience in the practice of law; for a member of a disciplinary body of the Bar Association, seven years of work experience in the practice of law are required.
Article 113
(Disciplinary Proceedings)
(2) Disciplinary proceedings may be initiated on the basis of a complaint of an interested person, an administrative authority, another institution, or ex officio by the Disciplinary Prosecutor of the regional chamber.
(3) The disciplinary complaint is filed with the Disciplinary Prosecutor of the regional chamber.
(4) The organization, composition, competence, decision-making of the disciplinary bodies, and disciplinary proceedings shall be regulated in more detail by the Statute and the Regulation on Disciplinary Liability of Attorneys, Legal Associates, and Trainee Lawyers of the Bar Association.
Article 114
(Disciplinary Sanctions)
a) reprimand;
b) public reprimand;
c) monetary fine;
d) prohibition to practice law and deletion from the Register of Attorneys.
(2) For minor violations of the attorney's duties and the reputation of the legal profession, the disciplinary measure of reprimand, public reprimand, and monetary fine may be imposed.
(3) For serious violations of the attorney's duties and the reputation of the legal profession, the disciplinary sanction of monetary fine and prohibition to practice law and deletion from the Register of Attorneys may be imposed.
(4) The monetary fine shall be imposed in a specific amount.
(5) An attorney may be fined from 100 to 2,000 BAM for a minor disciplinary violation and from 500 to 10,000 BAM for a serious disciplinary violation.
(6) The disciplinary sanction of prohibition to practice 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 the final decision imposing the prohibition to practice law and deletion from the Register of Attorneys, the deletion of the responsible person from the corresponding register of the Bar Association shall be carried out, and judicial and administrative authorities in Bosnia and Herzegovina and the bar association of the Republika Srpska shall be notified thereof.
(8) An attorney against whom prohibition to practice law and deletion from the Register of Attorneys has been imposed for a certain period may, after the expiry of the duration of the sanction, submit a request for re-enrollment 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 found responsible in disciplinary proceedings.
Article 115
(Limitation Period for Initiation and Conduct of Disciplinary Proceedings)
(2) The limitation period shall be interrupted by every action taken to initiate and conduct disciplinary proceedings.
(3) The limitation period shall also be interrupted if the attorney commits a new violation of duties and the reputation of the legal profession during the running of the limitation period.
(4) With each interruption, the limitation period shall begin to run anew.
(5) The limitation period for the conduct of disciplinary proceedings shall, in any case, occur when twice the time required under the law for the limitation period for initiation and conduct of disciplinary proceedings has elapsed.
(6) The limitation period for initiation and conduct of disciplinary proceedings for a violation that also constitutes the elements of a criminal offense shall expire upon the lapse of the period prescribed for the limitation of criminal prosecution.
Article 116
(Limitation Period for Execution of a Disciplinary Sanction)
(2) The limitation period shall be interrupted by every action taken to execute the disciplinary sanction.
(3) After each interruption of the limitation period, the period shall begin to run anew; in any case, the limitation period shall occur when four years have elapsed from the finality of the decision imposing the sanction.
Article 117
(Deletion from the Records)
(2) An imposed monetary fine for serious violations shall be deleted from the records upon the expiry of six years.
(3) An imposed prohibition to practice law and deletion from the Register of Attorneys shall be deleted from the records upon the expiry of twice the duration of the imposed sanction.
(4) The periods set for the deletion of imposed sanctions begin to run from the date of execution of the sanction or limitation.
(5) The decision on the deletion of an imposed disciplinary sanction from the records of the Bar Association is issued ex officio by the Management Board of the Bar Association.
Article 118
(Decision of the Disciplinary Court)
(2) The funds collected from monetary fines are revenues of the Bar Association.
Article 119
(Disciplinary Liability of Legal Associates and Trainee Lawyers)
(2) A legal associate and trainee lawyer may be fined from 50 to 1,000 BAM for a minor disciplinary violation and from 250 to 5,000 BAM for a serious disciplinary violation.
CHAPTER XII. – PROTECTION OF RIGHTS
Article 120
(Protection of Rights)
(2) An appeal against all first-instance decisions of the bodies of the regional chambers may be lodged with the Bar Association within 15 days from receipt of the decision.
(3) The appeal filed has suspensive effect on the enforcement of the first-instance decision, unless this Law provides otherwise.
(4) The applicant may also lodge an appeal if no decision has been issued on the application within the period established by law.
Article 121
(Judicial Protection)
CHAPTER XIII. – TRANSITIONAL AND FINAL PROVISIONS
Article 122
(Supervision over the Implementation of the Law)
Article 123
(Harmonization of the Statute and Other Regulations)
(2) Until the adoption of the Statute and regulations referred to in paragraph 1 of this Article, the existing statutes and other regulations shall apply insofar as they are not contrary to this Law.
Article 124
(Continuity of Operation)
(2) The election of the assemblies of the bar associations and 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 election procedure 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
(Bylaws)
(2) The Assembly of the Bar Association shall, within six months from the entry into force of this Law, adopt the Tariff on Fees and Reimbursement of Costs for the Work of Attorneys under Article 27 paragraph 1 of this Law.
(3) The competent bodies of the Bar Association shall, within six months from the entry into force of this Law, adopt the following regulations: the Regulation on the attorney's ID card under Article 12 paragraph 4 of this Law, the Regulation on the attorney's sign under Article 32 of this Law, the Regulation on the attorney's seal under Article 33 paragraph 1 of this Law, the Regulation on the attorney examination under Article 87 paragraph 4 of this Law, the Regulation on Disciplinary Liability of Attorneys, Legal Associates, and Trainee Lawyers under Article 92 paragraph 1 letter i) of this Law, the Regulation on registers, lists, and other records under Article 97 paragraph 1 letter f) of this Law, and the Regulation on free provision of legal assistance under Article 21 paragraph 2 of this Law.
Article 126
(Handling of Pending Applications for Enrollment in the Register of Attorneys)
Article 127
(Conduct in Pending Disciplinary Proceedings)
Article 128
(Continuity of Legal Practice)
Article 129
(Cessation of Effect)
Article 130
(Entry into Force)
Chairman
of the House of Peoples
of the Parliament of the Federation of BiH
Tomislav Martinović, signed
Speaker
of the House of Representatives
of the Parliament of the Federation of BiH
Dragan Mioković, signed
Download in PDF format: New Law on the Legal Profession of the Federation of Bosnia and Herzegovina
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 admission to the profession, the rights and duties of attorneys, the termination of the right to practice, temporary suspension, the status of legal associates and trainee lawyers, the attorney examination, the organization of the bar associations, disciplinary liability, and protection of rights within the profession. The Law confirms that the legal profession is an independent and autonomous professional activity providing legal assistance to natural and legal persons. - Who may practice law in the Federation of BiH?
Only persons enrolled in the Register of Attorneys who have taken the solemn oath may practice law as a profession, unless special laws provide otherwise. In other words, only a formally enrolled attorney acquires the right to independently provide legal assistance as an attorney in the Federation of BiH. - What are the main requirements for enrollment in the Register of Attorneys in the FBiH?
Required: citizenship of BiH, completed law studies, passed bar examination, passed attorney examination in the Federation, at least two years of post-bar work experience in legal practice, health and legal capacity, no convictions rendering the candidate unfit, no employment relationship, no registered independent activity, and suitable office premises. The competent body of the regional chamber decides whether these conditions are fulfilled. - May an attorney refuse to take on a case and provide legal assistance?
As a rule, the attorney must provide legal assistance to the client seeking advice, but is required to refuse in cases provided by law — particularly where a conflict of interest exists or the attorney has already represented the opposing party in the same matter. The attorney may not refuse a representation assigned by a court, other state authority, or the chamber unless statutory grounds for refusal exist, or unless the attorney has stated in writing that they do not provide services in the area concerned. - What is attorney-client privilege and how long does it last?
Attorney-client privilege covers everything the client has confided to the attorney as well as everything the attorney has learned or obtained in connection with the case — before representation, during representation, and after its termination. The obligation also binds persons employed in the law office; exceptions exist only in statutorily defined cases, such as express consent of the client, defense of the attorney in criminal proceedings, or suspicion of an imminent serious criminal offense. - Must an attorney in the FBiH carry professional liability insurance?
Yes. The attorney must conclude a professional liability insurance contract with a company registered for this type of insurance. The Bar Association may also organize collective insurance; without proof of insurance, the attorney's ID card may be refused. - How are attorneys' fees and representation costs determined?
The attorney is entitled to fees and reimbursement of costs under the Tariff on Fees and Reimbursement of Costs for Attorneys in the Federation of BiH, adopted by the Bar Association with the consent of the Federal Minister of Justice. The Law also expressly prescribes the duty to issue an invoice; charging a fee higher than the Tariff, or refusing to issue an invoice, may constitute a serious violation of the attorney's duties and the reputation of the legal profession. - When may an attorney's right to practice be temporarily terminated or prohibited?
Temporary cessation may occur, for example, due to professional development, illness, maternity leave, child-care leave, or assumption of public office, with mandatory notification of the regional chamber. A temporary practice prohibition may be imposed where detention has been ordered against the attorney, where criminal or disciplinary proceedings have been initiated for an act rendering them unfit, where they are not practicing at the registered address, are not paying membership fees, or have not renewed liability insurance. - May an attorney from the Republika Srpska or a foreign attorney represent 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 practice law also in the territory of the FBiH but may not establish an office, branch, or other form of business organization in the Federation. A foreign attorney may represent in specific judicial and administrative proceedings only under the condition of reciprocity and with prior consent of the Federal Ministry of Justice. - How is a disciplinary complaint against an attorney filed and what sanctions are possible?
Disciplinary proceedings may be initiated upon complaint of an authorized person, an administrative authority, another institution, or ex officio; the complaint is filed with the Disciplinary Prosecutor of the regional chamber. For violations of duties and the reputation of the legal profession, reprimand, public reprimand, monetary fine, and prohibition to practice with deletion from the Register of Attorneys may be imposed; serious violations expressly include breach of attorney-client privilege, charging fees above the Tariff, refusing to issue invoices, and unauthorized disposal of the client's funds.