Decree No. (80) of 1993 on setting maximum legal fees

The General People’s Committee for Justice and Public Security

Decree No. (80) of 1993 AD on Specifying 

Maximum Legal Fees

 

The General People’s Committee for Justice and Public Security,
Upon review of:

• Law No. (10) of 1990 AD on the Reorganization of Law

Practice;

• The General People’s Committee Decree No. (885) of 1990 on the Implementing Regulations

of the abovementioned Law; and

• Based on the proposal of the Secretariat of the Bar Association,

 

has decreed the following:

 

Article (1)

An advocate’s fee for initiating proceedings on behalf of a client shall be determined by an agreement to be entered into by both parties. The so determined fee shall take into account the amount of effort exerted in; the nature, significance and duration of the case; the court before which it is brought and the advocate’s grade in the Bar.

 

Article (2)

The maximum legal fee shall be the amount specified in the schedule annexed to this Decree.

 

Article (3)

For legal advice and other works that fall within the scope of law practice, the legal fees shall be determined by a special agreement to be made by and between the advocate and the client.

 

Article (4)

If a dispute arises between the advocate and client in respect of the fee, it shall be referred to a tripartite committee, formed of members of the Bar Association, to be designated by a decision of the Secretary of the General People’s Committee for Justice and Public Security, based on a proposal by the Bar Association’s Secretariat.

 

Article (5)

The Committee provided for in the preceding Article shall hear the views of both parties and attempt to reconcile between them. If the parties accept the proposal of the Committee, a minutes of the proceedings shall be prepared and signed by the parties and the Chairman of the Committee. In such a case, the minutes shall be considered a writ of execution. However, if both or one of the parties disapproves the Committee’s proposal, the Committee shall determine upon the disputed matter by a reasoned decision within thirty days. Such decision may enter into force only upon the expiry of the deadline prescribed for appeal or determination upon the appeal.

 

Article (6)

The decision of the Committee, set out in Article 4 above, shall be appealable before the competent court within fifteen days from the issuance thereof.

 

Article (7)

An advocate charging fees in violation of this Decree shall be subject to disciplinary measures. The Committee, set out in Article 4 above, shall notify the Secretary of the General People’s Committee for Justice and Public Security, the Secretariat of the Bar Association and the competent prosecution of the violation details in order to file a disciplinary action against the advocate in violation.

 

Article (8)

This Decree shall enter into force as of the date of its issuance and shall be implemented by the competent bodies and published in the official gazette.

 

The General People’s Committee for Justice and Public Security

Issued on: 3 Rajab 1403 FDP

 Corresponding to: 16 December 1993 AD,
 

The Schedule

Enclosed with the General People’s Committee for Justice and Public Security Decree

No. (80) of 1993 AD 

On Specifying Maximum Legal Fees 

 

Legal Fee Schedule 

Clause 1: 

The maximum legal fee for each of the following types of cases 

shall be the amount ascribed thereto as follows: 

First: Personal Status Cases: 

a. Personal status cases that fall within the jurisdiction of the summary court 

and pertain to alimony and the handover of a child to the holder of right to 

custody.                                                                              LYD 100

b. Personal status cases that fall within the jurisdiction of the summary court 

and pertain to matters other than those indicated above, such as child custody, dowry, and marital disagreements 

on dowry and household belongings                                                     LYD 200 

c. Personal status cases that fall within the jurisdiction of the court 

of first instance                LYD 200 

d. Appealed partial cases on personal status matters                                   LYD 200 

e. Personal status cases appealed before the court of appeal                    LYD 250 

f. All personal status cases appealed by cassation                                    LYD 400 

Second: Criminal Cases: 

a. Misdemeanors and juvenile criminal cases                                                                    LYD 300 

b. Criminal cases before the indictment chamber                                                                     LYD 150 

c. Appealed misdemeanors and juvenile criminal cases                                                      LYD 250 

d. Criminal cases                                                                                   LYD 700 

e. Criminal cases appealed by cassation: 

1. Judgments rendered by misdemeanor circuits and in juvenile criminal cases                        LYD 400 

2. Judgments rendered in criminal cases                                                          LYD 800 

Third: Cases of undefined value: 

a. Cases of undefined value that fall within the jurisdiction of the summary court, 

such as boundary definition, distance estimation and the three 

types of possession actions                                                                                                  LYD 200 

b. Cases of undefined value that fall within the jurisdiction of the court 

of first instance                                                                                      LYD 300 

c. Appeals of the judgments rendered in the aforementioned cases                                LYD 400 

d. Appeal the decisions issued in the 

aforementioned appeals by cassation                                                                                      LYD 500 

Fourth: Administrative Cases and Disputes: 

a. Disputes relating to salaries, pensions and remunerations due 

to or from employees                                                         LYD 300

b. Appeals of final administrative decisions on dismissal from 

public offices, promotion or bonus                                                   LYD 300 

c. Administrative cases related to final administrative decisions issued 

by administrative committees with a judicial jurisdiction                                                 LYD 300 

d. Employee appeals against disciplinary decisions                                              LYD 300 

e. Grievances and appeals falling within the jurisdiction of administrative committees 

with a judicial jurisdiction                                                                     LYD 300 

d. Appeals of the decisions issued in the aforementioned 

cases and disputes by cassation                                                                                  LYD 500 

Clause 2: 

Fees for civil, commercial, administrative and other cases not provided for in this Schedule shall be identified at 2% (two percent) of the case value, but it may not be less than LYD 300 or more than LYD 3,000. 

Notwithstanding the provisions of the preceding paragraph, in the event of a dispute regarding the fees to be charged in cases involving low-income clients or a substantial value, the fee shall be determined by the Committee provided for in Article 4 of the Decree. 

Clause 3: 

In execution proceedings and the disputes arising therefrom, the maximum fee shall constitute 30% (thirty percent) of the legal fee charged in respect of the case or the proceeding subject matter of the execution provided for herein or in the agreement.