Regulatory framework governing the fees of legal professions

Lawyers

Lawyers' fees are generally regulated by Articles 91 to 180 of Legislative Decree 3026/1954 as amended by Law 3919/2011. Accordingly, lawyers may now agree on fees with clients in writing, with no legally set minimum or maximum fee.

In the absence of a written agreement, a legally established system of fees (for appearing in court and based on the amount at issue) determines court costs, lawyers' fees for legal aid, etc.

Barristers – Advocates – Solicitors

Members of these professions are not distinguished from lawyers.

Bailiffs

Bailiffs' fees are specifically determined. They may, however, be increased by agreement, depending on the complexity of the task. Under Article 50 of Law 2318/1995, bailiffs’ fees are laid down in a Joint Decision by the Minister for Finance and the Minister for Justice. The Decision currently in force is No 2/54638/2008 (B 1716 as amended by B 1916).

Notaries

Notaries' fees are laid down specifically in Article 40 of Law 2830/2000.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

In family litigation cases, lawyers’ fees are regulated as described above.

For litigation cases on which a monetary value may be placed (e.g. commercial disputes), lawyers’ fees are regulated as described above.

For the drafting of private or public documents, lawyers' fees are agreed as described above.

Stage of the civil proceeding where fixed costs must be paid

Lawyers agree with their clients on when their fees will be paid. Generally, these fees are paid in instalments as proceedings progress.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

Legal professionals' fees are regulated as described above.

Stage of the criminal proceeding where fixed costs must be paid

Legal professionals' fees are regulated as described above.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Legal professionals' fees are regulated as described above for administrative disputes as well.

Stage of the constitutional proceeding where fixed costs for litigants must be paid

Legal professionals' fees are regulated in the same way here as for civil proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

The code of conduct for lawyers contains specific obligations as to how lawyers must deal with their clients. Any violation of those obligations constitutes a disciplinary offence. Fees are not explicitly mentioned among those obligations.

Cost sources

Where can I find information on cost sources in Greece?

Information on lawyers' fees may be found in the Lawyers' Code or obtained from bar associations.

Information on notaries' fees may be obtained from the Department of Notarial Services (Τμήμα Συμβολαιογράφων) of the Ministry of Justice or from notaries' associations (Συμβολαιογραφικοί Σύλλογοι) (governed by public law).

In what languages can I obtain information on cost sources in Greece?

Information on cost sources is available only in Greek.

Where can I find information on mediation?

See specific information provided on mediation in Greece.

Where can I find additional information on costs?

Available website with information on costs

There is no website with such information.

Where can I find information on the average length of time that procedures take?

There is no such information for Greece.

Where can I find information on the average aggregate cost for a particular proceeding?

There is no information on aggregate costs for proceedings in Greece.

Value Added Tax

How is this information provided?

Lawyers' fees are subject to VAT. Relevant information may be obtained from the Taxation Department (Τμήμα Φορολογίας) of the Ministry of Finance and from bar associations.

What are the applicable rates?

23%.

Legal aid

Applicable income threshold for legal aid in civil cases

Under Article 194 of the Code of Civil Procedure, legal aid is granted to persons who prove their inability to pay the costs of legal proceedings without jeopardising their or their families' subsistence.

Legal aid is also granted to foreign nationals, subject to reciprocity, and to stateless persons.

Under Law 3226/2004, legal aid is provided to citizens with low income in civil cases (if their annual family income is not more than 2/3 of the minimum annual income established in the national general collective labour contract).

Legal aid includes the costs of proceedings, notaries' and bailiffs' fees and lawyers' fees (Article 199 of the Code of Civil Procedure).

Applicable income threshold for legal aid to defendants in criminal cases

Under Article 340 of the Code of Penal Procedure, a defendant without legal counsel is assigned a lawyer from the relevant list of the local bar association.

Under Law 3226/2004, legal aid is provided to citizens with low income in criminal cases, as above.

Applicable income threshold for legal aid to victims in criminal cases

Council Directive 2004/80/EC of 29 April 2004 on compensation for crime victims has been transposed into Greek law by Law 3811/2009..

Other conditions for granting legal aid to victims

Compensation for lawyers, notaries and bailiffs providing legal aid services is determined by Ministerial Decision (Art. 14 of Law 3226/2004).

Legal Aid in criminal cases includes appointment of a lawyer.

Legal Aid in civil cases includes partial or complete exemption from trial expenses.

Other conditions for granting legal aid to defendants

None

Court proceedings free of charge

None

When does the losing party have to pay the winning party's costs?

Once a court issues a decision, the legal costs and expenses incurred by the winning party generally become payable by the losing party, depending on the extent of each party's victory or loss. The court must also make this part of the decision enforceable. Expenses and costs are calculated according to the above rules, with particular consideration for provisions on legal professionals’ fees and possible fixed costs for litigants in civil proceedings. The calculated amount is generally less than actual costs.

Experts’ fees

Experts set their own fees, which, if requested, are included in the legal costs awarded by the court.

Translators' and interpreters' fees

Translators and interpreters set their own fees, which, if requested, are included in the legal costs awarded by the court.

Costs