In exercising his/her lawyer activities as
well as behaving in his/her private life, a lawyer has the duty to abide by
all rules of this Code and to protect the reputation of the legal profession
and fight for its improvement and affirmation as an independent professional
activity.
In performing lawyer's
activities, a lawyer is obliged to act humanely and sensitively with
respect and reverence of all those with whom he/she has contacts in
performing his/her professional activity.
Each lawyer is obliged to protect
his/her honour, moral character of a lawyer, independence, conscientiousness
and professionalism in a way to entice others with his/her behaviour.
A lawyer has the duty to keep his/her
independence while representing a party. This independence has to be
absolute, free of any influence, especially of those that might come from
his/her personal interest or outer pressure. Therefore a lawyer has to avoid
circumstances that might endanger his/her independence and be careful not to
compromise his/her professional standards to indulge his/her client, court
or third party. A lawyer has to energetically discard all attempts of
influencing his/her independence and has the duty to inform selfmanaging
bodies of his/her bar association of those attempts.
A lawyer may not engage in activities
that violate the importance and reputation of lawyer's profession.
Regional Bar Association
Sarajevo is founded for the region of Canton Sarajevo and
Bosansko-Podrinjski Canton, the seat of the Regional Bar Association
Sarajevo is in Sarajevo. Regional Bar Association Sarajevo represents all
lawyers, associate lawyers and lawyer's interns from Canton
Sarajevo and Bosansko-Podrinjski Canton before canton and municipal bodies
and institutions.
Regional Bar Association Sarajevo,
through its bodies, performs all competences determined by the law, general
acts of the Federal Bar Association and this Statute, pertaining
particularly to:
- Development and improvement of lawyer's profession,
- Providing professional independence of lawyers,
- Acquiring rights to work as lawyer,
associate lawyer and lawyer's intern,
- Disciplinary procedure and disciplinary
responsibility for violation of rules of professional behaviour,
- Protection of rights and interests of lawyers, joint
law firms, lawyers' associations, associate lawyers
and lawyer's interns,
- Professional training of lawyers, monitoring
training of associate lawyers and training of lawyer's interns,
- Cooperation with legislative, judicial and executive
authorities,
- Relations between lawyers and their parties and
- Cooperation with lawyers' and other institutions and
associations.
Bodies of the Regional Bar
Association Sarajevo are:
- Assembly, Steering Board, President and
Vice-presidents, Disciplinary Court, Disciplinary
Prosecutor and Supervisory Board.
Regional Bar Association
Sarajevo may found other organs and bodies, whose name, way of
election, scope of activities and issues relevant for their functioning are
regulated by the Assembly of the Regional Bar Association with its acts.
To perform professional, technical,
subsidiary and other activities, Regional Bar Association may engage
employees in regular employment and associates on the basis of service
contract. The Assembly of the Bar Association Sarajevo consists of all
lawyers from the region of the Regional Bar Association, three associate
lawyers delegated by the Organization of associate lawyers, if they
organized their association and three lawyer's interns delegated by the
Organization of lawyer's interns.
For presidents and vice-presidents of
the Regional Bar Association Sarajevo may be proposed and
elected candidats who have been performing lawyer's profession for at least
ten (10) years and fulfill the conditions from Article 21 of these Rules of
Procedure. The same person may not be two consecutive terms proposed and
elected as president of the Regional Bar Association Sarajevo.
Sarajevo is the
capital and largest city of Bosnia and Herzegovina, with an estimated
population of 369,534. The Sarajevo metropolitan area, including Sarajevo,
East Sarajevo and surrounding municipalities, is home to 688,354
inhabitants. Moreover, it is also the capital[10] of the Federation of
Bosnia and Herzegovina entity, the capital of the Republika Srpska entity,
and the center of the Sarajevo Canton. Nestled within the greater Sarajevo
valley of Bosnia, it is surrounded by the Dinaric Alps and situated along
the Miljacka River in the heart of Southeastern Europe and the Balkans.
Sarajevo is the leading political,
social and cultural center of Bosnia and Herzegovina, a prominent center of
culture in the Balkans, with its region-wide influence in entertainment,
media, fashion, and the arts.
The city is famous for its traditional
cultural and religious diversity, with adherents of Islam, Orthodoxy,
Judaism and Catholicism coexisting there for centuries. Due to its long and
rich history of religious and cultural variety, Sarajevo is sometimes called
the "Jerusalem of Europe" or "Jerusalem of the Balkans". It was,
until late in the 20th century[when?], the only major European city to have
a mosque, Catholic church, Orthodox church and synagogue within the same
neighborhood. Sarajevo is also a metropolis due to being the most important
and influential city in the whole country.
Sarajevo is located close to the
center of the triangular shape of Bosnia and Herzegovina in southeastern
Europe. Sarajevo city proper consists of four
municipalities (or "in Bosnian and Serbian: opština, in Croatian:
općina"): Centar (Center), Novi Grad (New City), Novo Sarajevo (New
Sarajevo), and Stari Grad (Old City), while Metropolitan area of Sarajevo
(Greater Sarajevo area) includes these and the neighbouring municipalities
of Ilidža, Hadžići and Vogošća (before the war and new (Deyton)
administrative division, Metro of Sarajevo consisted also, beside above
mentioned, three municipalities today's divided between Federacija Bosne i
Hercegovine and Republika Srpska - Trnovo, Federacija Bosne i Hercegovine /
Trnovo, Republika Srpska, Lukavica and Pale). The city has an urban area of
1,041.5 square kilometres (402.1 sq mi). Sarajevo is home to the
Council of Ministers of Bosnia and Herzegovina, Parliamentary Assembly of
Bosnia and Herzegovina, Presidency of Bosnia and Herzegovina, the
Constitutional Court of Bosnia and Herzegovina and the operational command
of the Armed Forces of Bosnia and Herzegovina.
Sarajevo's Municipalities are further
split into "local communities" (Bosnian, Mjesne zajednice). Local
communities have a small role in city government and are intended as a way
for ordinary citizens to get involved in city government. They are based on
key neighborhoods in the city.
Frequently asked questions:
How much does a lawyer in Sarajevo cost and how are lawyer’s prices determined?
A lawyer in Sarajevo, like any other lawyer in FBiH, determines the prices according to the current lawyer’s tariff. Unless otherwise agreed in written contract between the lawyer and his/her client, the lawyer is entitled to a reward for the work performed in accordance with the provisions of the Tariff on Remuneration and Reimbursement of Expenses for the Work of FBiH Lawyers.
Can a lawyer from Sarajevo represent clients in another town in BiH?
A lawyer from Sarajevo can represent his/her clients throughout the state of Bosnia and Herzegovina and vice versa, that is, a lawyer from any town in BiH can represent his/her clients in Sarajevo or before competent courts in Sarajevo or state bodies. When a lawyer from FBiH represents a party in the Republic of Srpska / Brcko District Bosnia and Herzegovina, he/she is obliged to act in accordance with the Code of Ethics of Lawyers of the RS Bar Association, if the principles of that Code are not contrary to the principles and content of this Code of Lawyers of FBiH.
Do you and your lawyers represent clients in Sarajevo?
In those cases in which we specialize, we represent clients in Sarajevo and throughout Bosnia and Herzegovina, while in those legal areas in which we do not specialize, we recommend to clients our colleagues lawyers in Sarajevo who can provide them with adequate legal assistance and legal representation in a particular legal area. For example, our law office does not represent in criminal law, misdemeanor law, intellectual property, labour law, mobbing and the like. The collective spirit of the legal profession requires a relationship of trust and cooperation among lawyers for the benefit of their clients.
What is the difference between a joint law office in Sarajevo and a law firm?
Several lawyers may have a joint law office, on which they conclude a written agreement. The joint law office may start operating on the day of entry in the records or directory of the Sarajevo Regional Bar, which shall inform the Federal Bar Association in Sarajevo.
A law firm as a legal entity is established in accordance with the Law on Companies as a limited liability company. The work of a law firm is limited to the practice of law. Only lawyers can be members of a law firm.
The practice of law within a law firm may be entrusted only to members of the law firm, lawyers employed with the law firm or lawyer interns in the law firm.
How do I know which court in Sarajevo has jurisdiction over my legal problem?
The Municipal Court in Sarajevo has jurisdiction in civil cases to adjudicate in the first instance: in all civil disputes and non-litigious proceedings, in enforcement proceedings, to perform land registry activities, to register legal entities and other activities prescribed by law. The Municipal Court in Sarajevo Canton is the Municipal Court in Sarajevo for the area of the municipalities: Stari Grad Sarajevo, Centar Sarajevo, Novo Sarajevo, Novi Grad Sarajevo, Ilijas, Vogosca, Hadzici, Ilidza and Trnovo. On the other hand, jurisdiction of the court in Sarajevo for criminal proceedings derives from a criminal offense or an expected sentence. The Municipal Court in Sarajevo is responsible for criminal offenses punishable by a fine or imprisonment of up to 10 years, unless a special law determines the jurisdiction of another court, as well as in all misdemeanor cases, the Sarajevo Cantonal Court for serious criminal offenses.
Is there are a lawyer in Sarajevo who works for free?
It is the obligation of the lawyer to provide free legal aid to socially disadvantaged persons in accordance with law and lawyer will perform this duty as conscientiously and carefully as in providing legal aid to other parties. Each lawyer in Sarajevo or BiH will, in accordance with their capabilities, take over as many cases per year as they are able to provide free legal representation or provide free legal aid or legal assistance. However, there are also associations that provide free legal aid, such as the association “Vasa Prava” with an office in Sarajevo, or the Institute for Free Legal Aid of Sarajevo Canton.
What is a lawyer’s secret?
A lawyer’s secret is everything a lawyer learned as confidential from his/her client or in another way when providing legal assistance. In its essence, the lawyer’s secret, in addition to lawyer’s knowledge, is represented by all files, audio, computer, pictorial and similar records, and deposits of the parties kept in the law office. The obligation to keep lawyer’s secret extends to all lawyers in the joint law office, to all lawyers in the Law Firm and to all employees of the law office.
Does a lawyer in Sarajevo have to be insured against liability for damages?
Lawyers, joint law offices and law firms must be insured against liability for damage caused to a party during rendering the legal aid. The minimum amount of insurance and the type of insured damage are determined by general acts of the Federal Bar Association. The Bar Association can agree the terms of insurance of its members from liability for damages that may occur during the performance of the activities of lawyers, joint law offices and law firms.
Does a lawyer have to be loyal to his/her client?
The lawyer is obliged to dedicate all his/her expertise and conscientiousness to representing the client and to provide him/her with the expected and timely legal assistance. Loyalty to the client is the basic duty of a lawyer. It is more important than the interests of lawyers and collegial considerations. The overburdening of lawyers in their work must not jeopardize the integrity, conscientiousness and timeliness in providing legal professional assistance to the client. Every lawyer is obliged to take this into account when taking over new jobs from clients. A lawyer who is approached by too many parties should refer the parties to other lawyers in order to avoid overburdening them with legal representation.
Can a lawyer from Sarajevo represent clients outside Bosnia and Herzegovina, that is, abroad?
When practicing law abroad, a lawyer is obliged to act in accordance with the Code of the International Union of Lawyers, as well as with the Code of Lawyer’s Ethics of the country in which he/she practices law, if principles of these codes are not contrary to the principles and content of the Code of Lawyers of Federation Bosnia and Herzegovina.
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