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LIABILITY FOR DAMAGES – LAWYERS IN THE REPUBLIC OF CROATIA

Lawyers in Croatia are authorised to represent their clients at all courts in the Republic of Croatia, from the County court all the way to the Supreme Court and the Constitutional Court of the Republic of Croatia.

Lawyers in Croatia are liable for damages that they may cause to third parties while practicing law. According to the article 44 of the Law on the Legal Profession, a lawyer must be insured.

Minimal prescribed amount of the liability insurance is 800.000,00 kn per insured case per lawyer. This means that every lawyer, even within unlimited partnerships and joint law firms, must be insured up to this amount. Minimal prescribed amount of the liability insurance for every founding lawyer within the limited partnership is, however, 9.000.000,00 kn per insured case, while all other lawyers within limited partnership must be insured up to the amount of 800.000,00 kn. If, however, founding lawyers of the limited partnership don’t have the liability insurance up to the minimal prescribed amount, then the lawyers within this partnership are personally, unlimitedly and jointly liable for damages up to the lowest insurance amount, together with the partnership.

THE OBJECT OF THE INSURANCE

The object of the insurance is legal liability of lawyers for damages caused due to lawyers practice. The insurance covers the liability of law trainees, as well as of all other staff. Forms of legal protection mostly include:

  • legal counselling
  • document drafting (contracts, wills, statements etc.),
  • drafting claims, appeals, proposals, motions, requests, extraordinary legal remedies and other pleadings,
  • client representation.

EXCLUSION OF LIABILITY

Insurance doesn’t cover motions:

  • due to violation of stipulated time limits, if the client represented by the lawyer is responsible for it
  • due to overstepping authorizations given by the power of attorney
  • due to deprivation of legal assistance on grounds set by the Law, the Articles of Association of the Croatian Bar Association and The Attorney’s Code of Ethics