Pro Bono Practice and Opportunities in Serbia

The Legal Profession Act of 2011 (LPA^[1]) is the main Act regulating the provision of legal services in Serbia.

The Serbian Bar Association, as the main regulatory body, oversees all attorneys in the country regarding the delivery of legal services. All attorneys in Serbia are required to be members of this association, which is automatically granted upon joining one of the nine regional Bar Associations in Serbia.

Additionally, a lawyer in Serbia may work as an in-house counsel without being a member of the Serbian Bar Association, but in this case, they are only allowed to provide legal services to their employer and cannot offer services to external clients.^[2]

Prerequisites for admission to practise as anattorney in Serbia include familiar requirements, where an individual must have:^[3]

• A completed law faculty diploma;
• A certificate confirming that the bar exam has been passed; and
• A court certificate stating that no criminal or investigative proceedings (or similar) are being conducted.

While there are no specific regulations governing the provision of pro bono legal services, it is important to note that certain actions interpreted as pro bono work may be considered a violation of the Code of Professional Ethics of Attorneys (the Code).

For instance, the Tariff on Fees and Expenses Payable for Attorneys’ Work (last amended 2023) (the Tariff^[4]) sets mandatory or minimum fees for legal services and provides that attracting clients by offering free legal services or services at fees below those specified in the Tariff is regarded as unfair competition and is therefore prohibited by the Code of Professional Ethics of Attorneys. This rule applies even if legal work is not commercial in nature but is, in fact, pro bono.

While there are some limited circumstances in which attorneys provide pro bono services by working in-house at legal clinics or similar pro bono organisations, in most cases, individuals in need of free legal assistance turn to mechanisms prescribed by the Free Legal Aid Act. This Act establishes a separate framework for the provision of free legal aid, which, while not subject to the restrictions imposed by the Tariff or the Code, is distinct from pro bono practice and is therefore outside the scope of this guide.

By admission to the Serbian Bar Association, an attorney is authorised to provide all types of legal aid in Serbia, and there are no additional specialist licences required to provide pro bono legal services.

Foreign attorneys do not need any special licences to provide pro bono legal services.

Under the Serbian Attorney’s Act,^[5] a foreign lawyer may become registered with the Serbian Bar Association and practice law in Serbia, provided they meet certain conditions, including, among other things, that they:

• Submit proof of their admission and ongoing permission to practise in their home jurisdiction;
• Submit proof of citizenship;
• Submit certified translations of the above; and
• Fulfil certain other professional and legal requirements as outlined in the Act.

If a foreign lawyer satisfies the local registration requirements and:

• Passes the Serbian judicial and bar exam, they will be permitted to practise Serbian law, as well as international law or the laws of their home jurisdiction.
• Does not pass the Serbian judicial and bar exam, they will be permitted to practise international law or the laws of their home jurisdiction, but not Serbian law.

Attorneys in Serbia are not obligated to complete a minimum number of pro bono hours.

In Serbia, aspiring attorneys are not required to complete a minimum number of pro bono hours to become an attorney.

Yes, the Serbian Bar Association has set an aspirational target of 50 pro bono hours per year for lawyers, although it is not a mandatory requirement.^[6]

The Serbian Bar Association organises CLE; however, attendance is not mandatory for attorneys. Engaging in pro bono activities does not provide any benefits in relation to attending this education, nor is it a requirement for participation.

Lawyers are required by the LPA to carry mandatory professional indemnity insurance policy as a condition to maintaining the operation of their practices. This coverage also extends to any pro bono legal services they provide. The requirement applies equally to in-house lawyers.

The requirement to maintain mandatory insurance coverage still applies if the lawyer is working in partnership with a private law firm or an organisation on the same project.

The Serbian Bar Association prohibits advertising or self-promotion by Serbian attorneys through its bylaws, in accordance with Serbian law, although it doesn’t apply to electronic communication, basic contact information, or printed materials that can be shared with clients.

This distinction has created a “grey” area, with no clear guidelines on certain forms of communication, creating ambiguity in practice.

While no specific restrictions apply to advertising pro bono services, the general limitations on advertising across all legal practice areas still apply.

The main areas of law that require or present opportunities for pro bono services in Serbia are those related to refugees, displaced persons, and human trafficking.

Furthermore, there are notable gaps in addressing the legal needs of vulnerable groups and minorities, including economically disadvantaged individuals, victims of domestic violence, and patient advocacy groups.

In Serbia, the main providers of pro bono legal services are a combination of law firms and non-governmental organisations (NGOs). Many NGOs focus on assisting refugees, displaced persons, and victims of human trafficking.

In addition, several law schools across the country also operate legal clinics offering pro bono legal support. These include the law faculties at the Universities of Niš^[7], Belgrade,^[8] Novi Sad,^[9] Kragujevac,^[10] and University Union.^[11]

Serbia has a relatively low ratio of attorneys in its overall population, with only about 8,500 attorneys, translating to roughly one attorney for every 800 citizens, which further limits the availability of pro bono services. Additionally, most attorneys in Serbia work as solo practitioners, limiting their ability to dedicate time and resources to pro bono work.

In Serbia, the use of technology and AI in pro bono work is still developing. Some law firms and NGOs use AI tools for legal research to make case preparation more efficient.

Additionally, online platforms offering free legal advice help people access legal support, particularly for vulnerable groups such as refugees and victims of trafficking.

While the use of technology for pro bono services is still in its early stages, technology has the potential to expand the reach of pro bono services.

There are no public sector resources available for pro bono or other legal services in this jurisdiction.

Below are the main NGOs providing services or information:

• ASTRA^[12]
• Asylum Protection Center/Center for Protection and Asylum^[13]
• Autonomous Women’s Center^[14]
• Belgrade Center for Human Rights^[15]
• Child’s Rights Center^[16]
• Civic Initiatives^[17]
• Group 484^[18]
• Initiative for Development and Cooperation (IDC) Serbia^[19]
• International Aid Network^[20]
• MPDL SE EUROPE^[21]
• Novi Sad Humanitarian Centre^[22]
• Praxis^[23]
• Welcome to Europe (note this is European-wide and not limited to Serbia)^[24]
• Humanitarian Center for Integration and Tolerance^[25]
• Helsinki Committee for Human Rights in Serbia^[26]

There are no public or private organisations in Serbia where local or foreign lawyers can register to receive notifications about pro bono opportunities.

Currently, there are no widely recognised awards, lists, or rankings specifically dedicated to pro bono work in Serbia.

While pro bono services are encouraged, there is no formal system in place that highlights or ranks the contributions of law firms or individual lawyers in this area.

However, some NGOs and legal organizations may acknowledge outstanding pro bono work informally or through specific projects, but these efforts are not typically part of an official ranking or award system.