Litigation in Slovenia
Since I have a close friend in Slovenia, I have been a few times. And it’s a nice place! Beautiful scenery, a good sense of humor, and a strong economy. And of course, it is home to commercial disputes. Since my friend isn’t a lawyer, she couldn’t tell me much about commercial litigation there. So I was incredibly lucky to speak with Suzana Bončina Jamšek, a founding partner at BJK Law in Ljubljana, to learn about commercial dispute resolution in her country.
Why should you continue reading this post about litigation in Slovenia?
You wanted to learn about litigation in Slovakia, but you clicked the wrong link.
You wanted to read about how Slovenian litigators dress in court and to see a picture of the special robe they wear.
You’re writing a dramatic television show about lawyers in Slovenia and you’re doing internet searches to see if it’s already been done.
Suzana Bončina Jamšek is a founding partner at BJK Law in Ljubljana. This interview has been lightly edited.
Can you tell me about the kinds of disputes you handle in your legal practice?
Contractual and commercial disputes are my main focus. Sometimes, if a client needs assistance on other matters, I work on those, too. But my core business is contractual and commercial matters.
What type of clients do you generally represent in disputes?
Being a small boutique firm, we represent small and medium sized, privately owned companies. But I worked for a banking regulator in the past, so we also have banking institutions as clients.
Besides Microsoft Office, what software do you use in your practice?
We use Toggl to track time. We also use software called Law Office, which is endorsed by the Slovenian bar.
What books and websites do you use for legal research?
We use a legal research database called IusInfo. It uses AI and provides commentaries and articles about the law. It is really useful. I primarily use it for legal research and submissions on Slovenian law.
Image credit: https://en.wikipedia.org/wiki/Supreme_Court_of_Slovenia
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
The electronic submission process operates efficiently for enforcement and insolvency proceedings. However, for other types of filings, the electronic system remains inadequate, ineffective, and in some cases, entirely non-functional. The transition to a fully integrated electronic system for these filings has been a longstanding initiative but continues to experience significant delays.
Does Slovenia have specialized courts that only hear commercial cases?
Yes, judges in commercial courts specialize in commercial and corporate law. As per the established rules, disputes between business entities are generally required to be brought before the commercial court, except in cases where specific exceptions apply.
Who decides the facts in a commercial case? Is it a judge or a jury?
A judge. We have something like jurors in certain criminal cases, but their role is different than in the States and they don’t decide much.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
Slovenia is a civil law country, so we don’t need to state the law as much as in common law. As a result, 10-20 pages for an initial complaint is average, but it depends on complexity. The complaints in simple cases could be shorter.
Generally speaking, how long does it take for a case to go from complaint to judgment?
One and a half to two years. We find that to be very slow.
Generally speaking, how is evidence exchanged between the parties before trial?
Typically, each party is responsible for presenting its own evidence and proposing individuals to be called as witnesses for questioning.
Do lawyers get to interview the opposing witnesses before the trial?
Opposing witnesses are not interviewed before the trial. Although the parties may engage in discussions to resolve the dispute, and the court actively encourages mediation as part of the process, there is no mechanism in place for pre-trial interviews of opposing witnesses.
If you win, does the other side reimburse your attorneys’ fees?
Yes they do, but only at a set rate called the tariff. The excess beyond that tariff is not covered.
Are the courts open to the public? Can ordinary people watch a commercial trial?
Yes. There are exceptions in certain family and criminal cases.
Do you believe that Slovenian courts have a particular strength for resolving commercial disputes?
Court fees in Slovenia are lower than arbitration fees and are also comparatively lower than in most EU countries. Furthermore, under European legislation, Slovenian judgments are recognized in other EU member states, allowing for enforcement based on such judgments across the EU.
How about a weakness?
We consider the courts to be slow.
How often do you go to the courthouse?
Only a few cases arise each year, as most clients in the business sector prefer to resolve disputes through out-of-court solutions.
When you are there, do you need to wear a special robe or wig?
Lawyers wear a purple robe and the judge has a black robe. Prosecutors have a grey robe. There are no wigs.