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Can a lawyer in Banja Luka represent only in Banja Luka or can he/she represent on the entire territory of BiH?
Lawyers from Banja Luka can represent on the entire territory of BiH and are not territorially limited in providing legal services, also lawyers from any other town in BiH can represent on the territory of the whole Bosnia and Herzegovina without restrictions, and in legally determined conditions also abroad.
How much does a lawyer in Banja Luka cost and how is the fee for the work of a lawyer in Banja Luka determined?
A lawyer in Banja Luka is entitled to remuneration and reimbursement of expenses for his/her work, in accordance with the Tariff issued by the Bar Association, with the consent of the Minister of Justice. The amount of the lawyer’s remuneration is determined depending on the type of procedure, the action taken, the value of the dispute or the amount of the threatened penalty, as well as other parameters determined by the Lawyer’s Tariff.
How is a joint law office established in Banja Luka?
At least two or more lawyers from Banja Luka may by agreement, which regulates mutual business and property relations, establish a joint law office in Banja Luka. All lawyers from the joint office have the office headquarters at the same place and the same workspace. The joint law office must have an office suitable for advocacy in that form of work. The joint law office must have a prominent inscription with the sign of the Bar Association and the text: “joint law office”, its special name, if it has the names of the members of the joint law office, in accordance with the founding agreement, Statute and other general acts of the Bar Association.
What is a lawyer’s secret in Banja Luka?
The lawyer’s secret in Banja Luka is everything that the party has entrusted to the lawyer or that the lawyer, in the case in which he/she represents, otherwise learned or obtained, in preparation, during and after the termination of representation. The lawyer’s secret, in addition to the lawyer’s knowledge, is represented by all files, cases, records and deposits that are in the law office. A lawyer must also ensure that a lawyer’s secret is kept, in a comprehensive and responsible manner, by trainee lawyers, legal associates and other persons working in his/her law office. The obligation to maintain legal secrecy extends to all lawyers in the joint law office, law firm and to all persons employed in these forms of organization of lawyers. Confidential information provided to a lawyer representing a legal entity may not be used to the detriment of the legal entity itself or an interested member of the legal entity. The obligation to maintain legal secrecy is not limited in time.
What are the duties of a lawyer in Banja Luka, i.e. in Bosnia and Herzegovina?
A lawyer is obliged to: really and constantly practice law, provide legal assistance professionally and conscientiously, in accordance with the constitution, law and general acts of the Bar Association, keep the lawyer’s secret in professional work and in private life that is available to the public and preserve the reputation of the advocacy.
Can a lawyer from other parts of BiH open his/her representative office as a law office in Banja Luka?
A lawyer registered in the register of lawyers of the Bar Association of the Federation of BiH has the right to practice law on the territory of the Republic of Srpska, but he/she does not have the right to establish a business unit, representative office or any other form of work organization.
How long is a lawyer from Banja Luka obliged to keep his client’s files?
A lawyer from Banja Luka is obliged to keep a file of the party that did not take them over or that could not be delivered to the party, for at least five years, counting from the day of the legally completed procedure in which he/she represented that party or from the date of revocation of the power of attorney.
Can a lawyer in Banja Luka cancel a power of attorney to a party, and what are the obligations after the cancellation?
A lawyer has the right to cancel representation. The lawyer is obliged to inform the party and the body before which the procedure is conducted about the cancellation of representation without delay. The lawyer is obliged to continue providing legal assistance to the party even after he/she has cancelled the representation if it is necessary to remove any damage from the party he/she represents, but no longer than 30 days from the day of the cancellation of the power of attorney. A lawyer is not obliged to act according to the previous provisions if the party has explicitly released him/her from that obligation.
Are lawyers in Banja Luka insured for possible damage in the provision of legal services?
The lawyer is liable for damages according to the general rules of liability for damages. The lawyer is obliged to conclude a contract on professional liability insurance with an organization registered for this type of insurance. The lowest amount of insurance, per insured case, without limitation of the number of cases, is 250,000 KM for a lawyer, regardless of whether he practices law independently or as a member of the joint law office Banja Luka or as a member of a partnership law firm Banja Luka and 500,000 KM for a law firm.
What is the principle of independence and autonomy of lawyers in Banja Luka?
When representing the parties, the lawyer is obliged to preserve his/her independence, and the interest of the party may be protected only by the means which are in accordance with law, the dignity of the lawyer’s profession and good practice that are not contrary to his conscience. The lawyer represents independently, and in accordance with his beliefs based on current laws, legal science and practice, international legal standards, the Statute and the Code of Attorneys.
Where is the seat of the Bar Association of the Republic of Srpska?
The seat of the Bar Association is in Banja Luka.
Lawyer’s profession in the Republic of
Srpska is an independent professional activity, which is organized and
functions in accordance with the Law on Lawyer’s Profession of the
Republic of Srpska ("Official Gazette of the Republic of Srpska" no. 30/07
and 59/08).osnia and Herzegovina
The Bar Association of the Republic of Srpska
is an independent, self-governing organization with mandatory membership of
lawyers who have their headquarters offices of all forms of organization of
lawyer’s activities (lawyer, joint law firm and law
association) in the Republic of Srpska.
The
bodies of the Bar Association of the Republic of Srpska
are:
1. The Assembly of the Bar Association of the
Republic of Srpska, which is delegatory.
2. The President of the Bar
Association of the Republic of Srpska, who represents the Bar.
3. The
Executive Board of the Bar Association of the Republic of Srpska is an
executive and administrative body of the Bar Association of the Republic of
Srpska. The Executive Board of the Bar Association of the Republic of Srpska
consists of 11 members.
4. The disciplinary bodies of the Bar
Association of the Republic of Srpska are disciplinary prosecutor, who has 6
deputies, and the Disciplinary Court (first instance and appellate).
5. The Commission for the control of financial and material operations of
the Bar Association of the Republic of Srpska controls material and
financial operations and reports of periodic and annual reports on the
business.
History
Events from
1992 were reflected in lawyer’s profession in Bosnia and
Herzegovina in a way that two entity Bar Associations were
formed, the Bar Association of the Republic of Srpska and the Bar
Association and the Federation of Bosnia and Herzegovina. Namely, the
lawyers who had the seat of the law office on the territory of one entity
constituted the bar association of the entity.
The Bar
Association of the Republic of Srpska was constituted and organized as a
unique association of lawyers under the Law on Lawyer’s Profession of
the Republic of Srpska, which entered into force on November 17, 1992. That
law contains norms that are consistent with and reflect the highest European
and international standards on freedom to exercise lawyer’s profession
and lawyer’s profession itself. Organizationally and abiding by the
standards has given results; The Bar Association of the Republic of Srpska
is a full collective member of the International Union of Lawyers from
February 1, 2003, and from November 28, 2009 also a member of the Council of
the Bar Associations and Law Societies of Europe (Council of the Bars
and Law Sociétés of the European Union - CCBE).
The Bar Association of the Federation of Bosnia and Herzegovina was
received in the CCBE on an equal footing with the Bar Association of the
Republic of Srpska.
The headquarters of the Bar Association of
the Republic of Srpska is in Banja Luka.
Relationships between lawyers and courts,
administrative and other state bodies are based on respecting law, legal
culture and legal profession. A lawyer is obliged to respect authority and
reputation of the court and other bodies before which he/she represents
his/her client, and to represent the client in a correct manner, preserving
at the same time his/her independence, personal reputation and independence
of lawyer's profession. A lawyer must neither use unprofessional means and
indecently influence the course of a procedure and decision making, nor
misuse his/her authorizations. A lawyer has the duty to defend interests of
his/her client bravely and honourably with allowed means regardless of
his/her personal interests or consequences, to resist any violation of
legality, violation of dignity and basic human rights of his/her client, and
to warn the client to use conscientiously the rights that belong to her/him
in the procedure.
Banja Luka is the second
largest city in Bosnia and Herzegovina after the capital Sarajevo and is the largest city of the
Republika Srpska entity. Traditionally, it has been the center of the
Bosanska Krajina region, located in the northwestern part of the country. It
is home of the University of Banja Luka, as well as numerous state and
entity institutions of Bosnia and Herzegovina. The city lies on the River
Vrbas and is well known in the countries of the former Yugoslavia for being
full of tree-lined avenues, boulevards, gardens, and parks. According to the
2013 census the Settlement of Banja Luka has 150,997 inhabitants, while the
City of Banja Luka, which represents Banja Luka's wider area (municipality),
has 199,191 inhabitants.
Banja Luka plays an
important role on different levels of Bosnia and Herzegovina's
government structures. Banja Luka is the centre of the government
for the Municipality of Banja Luka.
A number of entity and state institutions are
seated in the city. The Republika Srpska Government and the National
Assembly are based in Banja Luka. The Bosnia and Herzegovina State Agencies
based in the city include the Indirect Taxation (VAT) Authority, the Deposit
Insurance Agency as well as a branch of the Central Bank of Bosnia and
Herzegovina (formerly the National Bank of Republika Srpska).
Austria, Croatia, France, Germany, Serbia,
the United Kingdom and the United States maintain diplomatic representation
through consulates-general in Banja Luka.
The name "Banja Luka" was first mentioned in
a document dated 6 February 1494, by Vladislav II. The name is interpreted
as "Ban's meadow", from the words ban ("a medieval dignitary"), and luka ("a
valley" or "a meadow"). The identity of the ban and the meadow in question
remain uncertain, and popular etymology combines the modern words banja
("bath" or "spa"), or bajna ("marvelous") and luka ("port"). A different
interpretation is suggested by the Hungarian name
"Lukácsbánya", i.e. "Luke's Mine", which is also the meaning
of Slovak "Banja Luka". In modern usage, the name is pronounced and usually
declined (u Banjaluci) as one word, and often written as such; the citizens
reportedly prefer the more correct form with inflected adjective (u Banjoj
Luci).
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