Attorneys and Attorney Tariff in Slovenia

In Slovenia, attorneys as a part of the justice system represent an autonomous and independent service that is regulated by law. As set out in the decision of the Constitutional Court of the Republic of Slovenia, there is no doubt that the legislature has to adopt the law to regulate the attorneys' profession, but in its attempt of such regulation, the legislature always collides with the constitu...

In Slovenia, attorneys as a part of the justice system represent an autonomous and independent service that is regulated by law. As set out in the decision of the Constitutional Court of the Republic of Slovenia, there is no doubt that the legislature has to adopt the law to regulate the attorneys' profession, but in its attempt of such regulation, the legislature always collides with the constitutional requirement that the attorneys are autonomous and independent. Therefore, when regulating the attorneys' profession, the legislature has to address the issues of autonomy and independence and thus also the question of determining attorney tariffs, while certain issues must be left to be autonomously regulated within the attorneys' profession. The attorney tariff does not determine a mandatory price of legal services because an attorney and his client may always reach an agreement that is different from the attorney tariff. However, the tariff is binding when the court decides on the obligation to reimburse the party who has succeeded in a dispute for their attorney costs. With our research, we have empirically demonstrated that the existing attorney tariff in Slovenia unjustifiably drains smaller law firms, which guarantee an efficient coverage of population and smaller undertakings with a network of legal services. As a result, the economic autonomy and independence of law firms are compromised, and the right to effective judicial protection is unjustifiably restricted for the parties who succeed in a dispute.

Order Print Copy Recommend to Your Library

Your name

Your email address

Your Library’s email address

Department

Institution/Company

Loading...

Country

Loading...

Message of recommendation Dear Librarian, I would like to recommend the following IntechOpen book to be added to our library catalog: TITLE: 'Attorneys and Attorney Tariff in Slovenia' PRINT ISBN: 978-1-78923-096-3 Libraries are offered a 20% discount on retail book prices. For a quote, please contact the IntechOpen Print Sales Department directly at orders@intechopen.com Best regards.

I recommend this publication for the following reasons

Loading...

By submitting the form you agree to IntechOpen using your personal information in order to fulfil your library recommendation. In line with our privacy policy we won’t share your details with any third parties and will discard any personal information provided immediately after the recommended institution details are received. For further information on how we protect and process your personal information, please refer to our privacy policy.

Submit