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Attorney's Fees in Court: Who Reimburses Them and How Much?

2026-02-06 Reading time 8 min

One of the most common questions we hear: "If I win, will I get back everything I paid my lawyer?" Short answer: probably not. Here's why — illustrated with five real-world examples showing what you'll actually pay and what the court will award you in return.

We typically agree on an hourly fee with clients. Our standard rate is CZK 3,900 per hour excluding VAT. As VAT payers, we add 21 %, making the effective rate CZK 4,719 per hour.

If you prevail, the court awards you litigation costs from the losing party. However, this reimbursement is not based on your contractual fee. It is calculated under Decree No. 177/1996 Coll. — the attorney tariff.

The tariff values individual procedural acts, not hours worked. Each act has a rate based on the tariff value of the dispute. A flat-rate expense allowance of CZK 450 is added per act. If the attorney is a VAT payer, VAT is added to the award.

There is no mathematical relationship between the contractual fee and the tariff-based award. The award may be lower, equal, or even higher than what you paid.

What Changed in January 2025

The 2025 amendment (Decree No. 258/2024 Coll.) brought changes after eighteen years. Per-act rates for monetary claims remain unchanged, but the expense allowance increased from CZK 300 to CZK 450, and the base tariff value for non-monetary disputes rose from CZK 10,000 to CZK 30,000 — significantly improving reimbursements in cases like eviction proceedings.

Five Practical Examples

All examples use our current rate of CZK 3,900/hour excl. VAT and the current attorney tariff.


1. Claim for Payment of CZK 45,000

Unpaid invoice. Debtor unresponsive. Pre-litigation demand, claim, two hearings. Full success.

What the client paid us

8 hours × CZK 3,900 = CZK 31,200 excl. VAT, with VAT:

CZK 37,752
What the court awarded

5 acts × CZK 2,900 + 5 × CZK 450 allowance = CZK 16,750 excl. VAT, with VAT:

CZK 20,268
Paid
CZK 37,752
Awarded
CZK 20,268
Balance
−CZK 17,484

2. Eviction Proceedings in Brno

Lease expired, tenants refuse to vacate. Pre-litigation demand, claim, one hearing. Court orders eviction.

What the client paid us

9 hours × CZK 3,900 = CZK 35,100 excl. VAT, with VAT:

CZK 42,471
What the court awarded

4 acts × CZK 2,300 + 4 × CZK 450 = CZK 11,000 excl. VAT, with VAT:

CZK 13,310
Paid
CZK 42,471
Awarded
CZK 13,310
Balance
−CZK 29,161
The 2025 amendment raised the tariff value for non-monetary disputes from CZK 10,000 to CZK 30,000. Before the amendment, the award in this example would have been approx. CZK 8,712 — over 50 % less.

3. Defective Facade — Partial Success

Repair cost CZK 250,000. Seven hearings, expert report. Court awards CZK 187,500 (75 % success). After set-off, client receives 50 % of costs.

What the client paid us

25 hours × CZK 3,900, with VAT:

CZK 117,975
What the court awarded (50 %)

10 acts × CZK 9,300 + allowances, with VAT, reduced to 50 %:

CZK 58,988
Paid
CZK 117,975
Awarded
CZK 58,988
Balance
−CZK 58,987

4. Claim for CZK 500,000 — Award Exceeds Fee

Straightforward collection. Pre-litigation demand, claim, three hearings. Full success.

What the client paid us

10 hours × CZK 3,900, with VAT:

CZK 47,190
What the court awarded

6 acts × CZK 10,300 + allowances, with VAT:

CZK 78,045
Paid
CZK 47,190
Awarded
CZK 78,045
Result
+CZK 30,855*
*The excess belongs to the law firm — the client may not profit from cost reimbursement. The client effectively paid nothing out of pocket.

5. Property Dispute Worth CZK 5 Million — Losing

Ownership dispute. Client warned about risk. Years of proceedings through three instances. Final result: loss. Client pays everything. Reduced rate of CZK 2,900/hour excl. VAT given the risk.

What the client paid us

72 hours × CZK 2,900, with VAT:

CZK 252,648
What the client must pay the opponent

18 acts × CZK 28,300 + allowances, opponent is a VAT payer:

CZK 626,175
Own attorney
CZK 252,648
+
Opponent
CZK 626,175
+
Court fee
CZK 5,000
Total cost of losing: CZK 883,823. None of it is recoverable. When you lose, you pay both your own attorney and the winning party's costs. This is why an honest assessment at the outset matters more than anything.

Summary

ExampleYou PaidCourt AwardedBalance
1. Claim CZK 45kCZK 37,752CZK 20,268−CZK 17,484
2. EvictionCZK 42,471CZK 13,310−CZK 29,161
3. Facade (50 %)CZK 117,975CZK 58,988−CZK 58,987
4. Claim CZK 500kCZK 47,190CZK 78,045+CZK 30,855*
5. Property (loss)CZK 252,648−CZK 626,175−CZK 883,823

Key Takeaways

A cost award does not mean instant payment. It creates an enforceable claim that may need to be collected through enforcement proceedings.
In lower-value disputes, the gap between your contractual fee and the tariff-based award will almost always work against you. The higher the dispute value and the fewer hours spent, the better the ratio.
Partial success means partial reimbursement — and an obligation to pay a share of the opponent's costs. In uncertain cases, this is a critical factor.
Losing costs double. You pay your attorney and the opponent's. In major disputes, this can reach millions. An honest analysis of prospects at the beginning is more valuable than anything else.

We are happy to discuss the likely costs and trajectory of your specific case in a personal meeting. Before you launch the dispute, also read Not every battle is worth fighting and When to go to court and when to mediate — the economics of litigation often close before the first filing, not at judgment. And for an overview of what you can procedurally ask for (cost orders included), see What you can ask for in a civil lawsuit.

Need a specific cost estimate for your dispute? Tell us what you're facing — in our dispute resolution practice we'll give you a realistic read of what the case will cost and what the court is likely to award back. Contact.

This article is for informational purposes only and does not constitute legal advice. Calculations are based on Decree No. 177/1996 Coll. as amended by Decree No. 258/2024 Coll. (effective 1 January 2025) and IUSTORIA's hourly rate as of the publication date. Updated March 2026. Original version: April 2024.

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