85/1996 Coll.



LAW



of 13 June. March 1996



about advocacy



Change: 210/1999 Sb.



Change: 120/2001 Sb.



Change: 6/2002 Sb.



Change: 228/2002 Coll. (part)



Change: 349/2002 Sb.



Change: 228/2002 Coll. (part)



Change: 192/2003 Coll.



Change: 228/2002 Coll., 237/2004 Sb.



Change: 284/2004 Sb.



Change: 555/2004 Sb.



Change: 284/2004 Coll. (part)



Change: 205/2005 Coll. (part)



Change: 205/2005 Sb.



Change: 79/2006 Sb.



Change: 312/2006 Coll., 296/2007 Sb.



Change: 254/2008 Sb.



Change: 314/2008 Sb.



Change: 219/2009 Sb.



Change: 227/2009 Sb.



Change: 214/2011 Sb.



Change: 193/2012 Coll. 202/2012 Sb.



Change: 303/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



(1) this Act regulates the conditions under which they may be granted

legal services, as well as the provision of legal services lawyers (hereinafter referred to as

"advocacy").



(2) the provision of legal services ' means the representation in the proceedings before the

the courts and other authorities, the defence in criminal cases, the granting of legal

meetings, drafting instruments, processing legal analyses and other forms of

legal aid if they are carried out consistently and for a fee. The provision of

legal services also activities of the guardian for proceedings

designated pursuant to special legal regulation ^ 1), if exercised in

lawyer.



§ 2



(1) legal services on the territory of the Czech Republic are entitled to provide for

the conditions laid down in this law and in the manner set out in it



and, lawyers)



(b)) the natural persons who



1. nationals of a Member State of the European Union, the contractual

State to the agreement on the European economic area or the Swiss

Confederation (hereinafter referred to as the "home State"), or are nationals of

another State and are in one of the home countries permanently established, and



2. in the home State to provide legal services under the

his home State, which was announced in the communication

The Ministry of Justice, published in collection of laws



(hereinafter referred to as "European lawyer").



(2) the provisions of paragraph 1 shall not affect the permissions



and notaries, court executors), patent agents and tax

advisers, where appropriate, the other ^ 1a) the persons to whom the Special Act confers on the

provide legal services,



(b)) staff of the legal or natural person, the Member of the cooperative, or

a member of the armed forces to provide legal services to the person, to which the

in employment or work relationship, or in the staff ratio,

If the provision of legal services is part of his duties

arising from this employment contract or employment relationship, or

the service.



§ 2a



Everyone has the right to the free choice of a lawyer; This is without prejudice to the provisions of the

§ 18 paragraph. 2 and the special provisions of the legislation of Attorney

by the Court.



§ 3



(1) the Attorney is independent when providing legal services; It is bound by the

the law and the limits of the client in their commands.



(2) Attorneys provide legal services in all matters.



(3) the provisions of paragraph 2 shall not prejudice the restriction of the scope of the permission

lawyers provide legal services provided for by this law (Section 5a paragraph.

2).



PART THE SECOND



ATTORNEY



HEAD FIRST



The preconditions for the exercise of advocacy



§ 4



The lawyer is the one who is registered in the list of lawyers maintained by the Czech

the Bar Association (hereinafter referred to as the "Chamber").



§ 5



(1) the Chamber writes on the basis of a written application to the list of lawyers

each,



and) who is fully svéprávný,



(b)) who earned a university degree in law



1. master's degree program studying at a University in the Czech

Republic ^ 1b), or



2. the study on the high school abroad, if such education in

The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the

under the international treaty, which the Czech Republic is bound, or

If such education was recognised by a specific legal

code ^ 1 d), and at the same time such education corresponds to the content and scope of

the general education that you can get the master's degree program in

the field of law at a University in the Czech Republic,



(c)) who exercise for at least three years of legal practice as a lawyer

Associate,



(d)) who is blameless,



(e)) who was not imposed punitive measures removed from the list of lawyers

or the visor, as if this were not saved, the disciplinary measures



(f)) which was deleted from the list of lawyers in accordance with § 7b, paragraph. 1 (a). (e))

or (f)), or expired from the deletion period of five years, and insolvency

the procedure was completed during this time been ^ 1 d)



(g)) who is not in work or in the staff, with the exception of the work

the ratio of



1. the Chamber or similar professional organization of lawyers in one of the

home States,



2. to advocate, to the legal person pursuant to § 15 paragraph. 1 (hereinafter referred to as

"the company"), or to a foreign legal person authorized to provide

legal services pursuant to § 35s paragraph. 1 (hereinafter referred to as "foreign corporation"),



3. the subject of the performance is of a scientific, educational, literary,

current affairs or artistic activities,

nor shall he exercise any other activities incompatible with the exercise of advocacy,



h) who passed the bar exam,



and who pay a fee to the Chamber), which provides maximum prescription estates

the amount of $ 10,000, and



j) who satisfy the conditions listed under letters) to (i) folded into)

the hands of the President of the Chamber of this promise: "I promise on my honour and conscience that

I will respect the law and ethics of the profession of lawyer and protect human rights.

I promise that I will abide by the obligation of professional secrecy and ensure dignity

the advocate's status.



(2) pending the legal practice of trainee lawyers in accordance with paragraph 1 (b).

c) counts holidays drawn at the time of the duration of this

practice. If he does not pursue a junior lawyer legal practice for reasons of

obstacles in the work on his side or due to excusable absence in

work, does the time until a legal practice in

the range of 70 working days in each year of its duration.



Section 5a



(1) the Chamber writes on the basis of a written application after the oath to

list of lawyers, anyone who meets the conditions set out in section 5 (3). 1

(a). and (d))) to (g)) and i) and



and) proves that he is entitled to provide legal services in the manner set out in the

§ 3 in another State under conditions consistent with this Act, and



(b)) the lodging of uznávací test (section 54 (3)).



(2) a lawyer who was entered in the list of lawyers in accordance with paragraph 1,

entitled to provide legal services only in the field of law of the State in which the

He received permission to provide legal services, and in the field of law

International.



section 5b



(1) the Chamber writes on the basis of a written application after the oath to

list of lawyers, the European lawyer who satisfies the conditions referred to in

§ 5 (3). 1 (a). and (d))) to (g)) and i) and which demonstrates that



and in the Czech Republic) provide more substantial legal without interruption

services as established European lawyer (§ pot 0,35 litre (1)) for a period of at least

of three years,



(b) legal services under letters) and provided in the law), the Czech

of the Republic.



(2) if the applicant furnishes proof of registration in the list of lawyers, which does not meet the

the condition referred to in paragraph 1 (b). (b)), in an interview before a

the Commission, appointed by the President of the Chamber, that his knowledge of the law of the Czech

Republic and the professional rules, as well as the experience gained in the course of the

the earlier provision of legal services are adequate for the performance of

advocacy, the Chamber may meet this conditions wholly or partly

waived.



§ 5 c



The Chamber writes on the basis of a written application after the oath to the list

advocates of a national of one of the home countries or

national of another State permanently established in one of the

Home State, who satisfies the conditions referred to in section 5 (3). 1 (a). and)

and (d)) to (g)) and i) and that



and) proves that he fulfilled the conditions of the professional education and practice set out in the

This State to get permission to provide legal services under the

professional designation under section 2 (2). 1 (a). (b)), and



(b)) the lodging of an aptitude test (section 54 (2)).



§ 5 d



(1) the Chamber shall issue the lawyer no later than one week after the registration to the

the lawyers of the certificate of registration in the list of lawyers and identification

the lawyer's licence. Pattern, and how to use the identification

certificate of Attorney lays down detailed legislation; detailed legal

the regulation may also lay down the period of validity of the identification card

lawyer. In the certificate and in the identification card of lawyer Chamber

shall restrict the range of provision of legal services under section 5a paragraph. 2.



(2) the certificate or identification card pursuant to paragraph 1 shall demonstrate

the lawyer permission to provide legal services.



(3) the first Chamber shall issue an identification card to the lawyer free of charge; for

a new identification card may Chamber of prosecutors

provide for a fee, with a maximum amount of $ 1,000.



(4) the person who has been deleted from the list of lawyers in accordance with § 7b, paragraph. 1 (a).

d) to (g)), is required to immediately surrender Chamber certificate of registration to the

list of lawyers, and to return the identification card of a lawyer. Submission

the certificate and returning the lawyer's identification card in case
suspension of the exercise of advocacy and their return to the lawyer in the case

the demise of the suspension of the exercise of advocacy adjusts the rebellion of the prescription.



§ 5e



(1) the entry in the list of lawyers in the lawyers ' Chamber records without

delay, at the latest within the time limit referred to in section 5 d of paragraph 1. 1.



(2) the Chamber at the same time recording the entry in the list of lawyers shall communicate to the

the lawyer of the person identification number that was assigned to him by the administrator

the registry under another law ^ 1 c); This does not apply if the Attorney

employed by a lawyer or solicitor if the identification number

the person has already been allocated.



§ 5f



The lawyer, who was entered in the list of lawyers under section 5a, is entitled to

apply for a new registration in the list of lawyers according to § 5 (3). 1 or § 5 c,

If you meet the conditions for entry on the list of lawyers in these

provisions.



§ 5 g



Who proves legal interest, the Chamber shall certify that it meets the conditions

for registration in the list of lawyers according to § 5 (3). 1 (a). b), c) and (h)).



§ 6



(1) for the bar exam is considered also the judicial examination, judicial

the test uniform judicial examination, uniform judicial and law

test, prokurátorská test, the final exam of the public prosecutor,

the arbitration test and test and test the executors ' notaries; Chamber of Commerce

may accept another professional in the area of legal practice test for exam

the law.



(2) in practice, the intern will also judge considered the practice,

the Prosecutor, the Prosecutor, the State arbitrator, the State notary

notary public, Justice of the trainee, legal trainee public prosecutor's Office,

arbitration, legal trainee trainee public prosecutor's Office,

notarial candidate and notarial bailiff, the bailiff, MTL

the candidate and the bailiff, as an associate judge of the Constitutional Court

Assistant judge of the Constitutional Court or the Supreme Court or the Supreme

the Administrative Court, an Assistant Ombudsman, an Assistant judge and

Assistant State Attorney, employee activity of the Ministry of

Justice, who earned a university degree in law

required under section 37, paragraph. 1 (a). (b)), and to participate in the

the formation of proposals generally binding legal regulations; The Chamber may recognise as

the legal practice of trainee lawyers and other legal practitioners.



(3) Other Professional exam in the area of legal practice referred to in paragraph 1 may be

recognize a bar exam only in the context of applications for entry in the

the list of lawyers; another legal practice referred to in paragraph 2 may be recognised as

the legal practice of trainee lawyers only in the context of applications for

execution of the bar exam or applications for entry in the list of lawyers.



section 7 of the



(1) the Chamber will allow within nine months of receipt of the written request to execute

After payment of the fee, which provides for the maximum amount of the prescription of the estates

10 000 Czk, (hereinafter referred to as "fee for the exam")



and) bar exam (section 54 (1)) to anyone who provides proof that it meets the

the conditions referred to in section 5 (3). 1 (a). and (d)),)



b) aptitude test (section 54 (2)) a national of a

of home States, which proves that it meets the conditions set out in section 5 of the

paragraph. 1 (a). and (d))) to (g)) and in section 5 (a). and)



(c)) uznávací test (section 54 (3)) to anyone who provides proof that it meets the

the conditions referred to in section 5 (3). 1 (a). and (d))) to (g)) and in section 5a paragraph. 1

(a). and).



(2) the Chamber shall inform the candidates about it, meets the conditions for the execution of the

the tests referred to in paragraph 1 no later than within four months after receipt of the request

on the exam.



(3) the person who in some of the tests referred to in paragraph 1,

may, within one month from the date of request in writing to the Chamber,

that allowed him to repeat. Repetition of the test Chamber after payment

the fee for the exam will allow, and to repeat the test took place

soon as possible after the expiry of the period of six months from the date of the test, when

that the applicant failed. The test can be repeated only twice.



(4) the person who in some of the tests referred to in paragraph 1 failed and

He has not submitted within the time limit referred to in paragraph 3 of the request for its repetition, or the

who in some of the tests referred to in paragraph 1 when it failed

the second repetition may make a further application for the exam as soon as possible

After the expiry of the period of three years from the date of the test, in which the last

failed. The one who asks for the execution of the bar exam must also

demonstrate that, in the last three years preceding the application exercise

at least two more years of legal practice, intern;

otherwise, the provisions of paragraph 1 shall apply mutatis mutandis.



(5) the Chamber will allow in the cities where you can execute the bar exam, the

one month from the receipt of the written request of the oath and entry into

the composition of the list of lawyers promise to anyone who proves that meets the

the conditions referred to in section 5 (3). 1 (a). and) to (h)) or in § 5a to 5 c. Chamber of Commerce

writes the applicant to the list of attorneys on the day of oath or

at a later date referred to in the application, does not exceed the period of time between the composition of

the promise and this date three months; otherwise, the Chamber shall reject the application that

recognition of other tests or other recognition practice under section 6 or remission

the conditions for entry on the list of lawyers under section 5b of the paragraph. 2 shall cease to

the validity of.



Removed from the list of lawyers



Section 7a



Permission to practice the main from the list of lawyers shall lapse:



and) occurs if any of the facts referred to in section 7b,



(b)) if it decides about the Chamber in the cases referred to in sections 8 and 10.



section 7b



(1) the



and) who died, it is deleted from the list of lawyers at the date of death,



(b)) who was declared dead, it is deleted from the list of lawyers to

the date of the decision of the Court on the declarations for the dead,



(c)), who was limited in the mom, is deleted from the list of lawyers to

the date of the decision of the Court, which was his responsibility is limited,



(d)) who imposed punitive measures removed from the list of lawyers, is

deleted from the list of lawyers at the date of the decision on the imposition of

This disciplinary measure,



e) against whom the bankrupt is deleted from the list of lawyers to

the date of the decision on the Declaration of bankruptcy,



(f)) who is the companion of a company or foreign company, against which the

He was declared bankrupt, is deleted from the list of lawyers at the date of the legal

the decision on the Declaration of bankruptcy,



(g)), who handed the Chamber a written request for deletion from the list of lawyers,

provided with officially certified signature, it is deleted from the list of lawyers

the end of the calendar month in which the request for the deletion from the

the list of lawyers Chamber delivered the official verification of the signature is not required,

If the lawyer delivers a request for the deletion from the list of lawyers personally

the President of the Chamber or the authorized employee of the Chamber and this request

signs before him.



(2) deletion from the list of lawyers in accordance with paragraph 1 shall be recorded in

the list of lawyers without delay, but not later than within one month after the

What to know about it. For the record, the Chamber shall notify, in writing, of the

the record refers, as regards the reasons for the deletion referred to in paragraph 1 (b). (d))

to (g)); in other cases, the Chamber shall inform in writing the person record

his loved ones, if they are known to her.



§ 8



(1) from the list of lawyers out of the Chamber,



and who was enrolled in) the list of lawyers, although it does not meet any of the

the conditions referred to in this Act,



(b)) who was been sentenced to imprisonment for nepodmíněnému

an intentional offence had been committed in connection with the exercise of advocacy,



(c)), who was been convicted of another intentional crime, than the

listed in subparagraph (b)), or who was behind the offence referred to in subparagraph (b))

sentenced to a penalty other than imprisonment, nepodmíněnému if

This crime threatens confidence in the proper exercise of advocacy,



(d)) who is in arrears longer than 6 months to pay the contribution to the

the activity of the Chamber of Commerce or other payments pursuant to § 30 paragraph. 1 and post or

another payment pay or within one month after the

The Chamber asked with a lesson about the consequences of non-payment; under the same

Chamber conditions removed from the list of lawyers who is the statutory

of the company or foreign company, or the head of the

organizational folder to a foreign company, if the payment referred to in section 30

paragraph. 1 is required to the company or foreign company.



(2) deletion from the list of lawyers in accordance with paragraph 1 (b). and)

The Chamber is entitled to decide on only one year from the date of

failure to fulfil the conditions for entry on the list of lawyers learned; This does not apply,

If the condition referred to in section 5 (3). 1 (a). and (b))), or (d)) or in §

5A, paragraph. 1 (a). and).



(3) deletion from the list of lawyers in the lawyers ' Chamber records

without delay, but not later than within one month after the decision of the

the deletion happened enforceable.



Suspension of the exercise of advocacy



§ 8a



The suspension of the exercise of advocacy occurs,



and) occurs if any of the facts referred to in section 8b,



(b)) if it decides about the Chamber in the cases referred to in sections 9 and 10.



§ 8b



(1) the lawyer,



and which was declared) against the bankrupt, is suspended the exercise of advocacy

on the day when the effects of the bankruptcy occurred,



(b)) which is a member of the company or foreign company, against
which has been declared bankrupt, is suspended on the date when the performance of the advocacy

the effects of the bankruptcy occurred,



(c)) the disciplinary measures imposed a temporary ban on the exercise of

advocacy [section 32, paragraph 3 (b), (d))], is suspended on the day of advocacy,

When it acquired the authority of a decision imposing a disciplinary measure, the



(d)), who was taken into custody, suspended performance of the advocacy day

become enforceable decisions on custody,



(e)) which joined the imprisonment, the performance is suspended

advocacy day of onset of this performance penalty. The provisions of § 8 paragraph. 1

(a). (b)), and (c)), this does not prejudice



(f)) which was a penalty the prohibition of activities ^ ^ 1e) consisting in the prohibition of

the exercise of advocacy, advocacy is suspended on the date determined by the

the decision, which was the penalty saved. The provisions of § 8 paragraph. 1

(a). and (c))) this does not affect,



(g)), which carries out advocacy in the employment relationship (section 15a) is suspended

advocacy day, when he was suspended of advocacy advocate

that is his employer, or on the date when the suspended performance

advocacy of the shareholders of the company or foreign

the company, which is his employer.



(2) the suspension of the practice referred to in paragraph 1 shall be recorded in

the list of lawyers without delay, but not later than within one month after the

What is learned; for the record, the Chamber shall inform the lawyer.



§ 9



(1) the Chamber shall suspend the solicitor advocacy



and if his) employment or service, with the exception of

employment relationships referred to in § 5 (3). 1 (a). g) or work

under section 15a, or started to engage in any activity

incompatible with the exercise of advocacy,



(b)) prevents him from exercising advocacy for a longer period of four months, other

obstacle.



(2) the Chamber may suspend the advocate, advocacy



and if it was on) him in criminal proceedings lodged an indictment, a proposal to

approval of the agreement on guilt and punishment, or the proposal for punishment for intentional

offense, or if it was against him for the offence instituted

the prosecution and the fact, suggesting that such a crime

the Act has been committed, threaten confidence in the proper performance of this additional advocacy

lawyer; advocacy of these reasons may be suspended for a maximum of

until the day when the decision has become final, that criminal proceedings

ends,



(b)) if proceedings for his mom, and a maximum of

the date when the decision has become final, which this procedure ends,



(c)) was to begin insolvency proceedings, in which he addresses the decline or

the impending decline of the lawyer or of the company or foreign company,

already is a member.



(3) the Disciplinary Chamber may, on a proposal from the Prosecutor (article 46, paragraph 3, and article 51, paragraph 2)

suspend the performance of the advocacy lawyer, against which it was initiated

disciplinary proceedings, if



and) the facts suggesting that an attorney has committed a disciplinary

wrongdoing, are so serious that more advocacy kárně

the accused lawyer threatens confidence in the proper exercise of advocacy, and



(b)), from the initiation of disciplinary proceedings for more than 1 year has passed since the negotiations in

disciplinary proceedings were at this time at least three times for reasons of adjourned

on the side of the kárně of the accused lawyer,



until the day when it takes the decision establishing this

disciplinary proceedings are terminated.



(4) the suspension shall be recorded in the list of Chamber advocacy attorneys

without delay, but not later than within one month after the decision of the

suspension of the exercise of advocacy has become enforceable.



§ 9a



(1) the period of suspension of the exercise of advocacy



and is not authorized to provide a lawyer) legal services,



(b) is not entitled to exercise the Attorney) for further action under section 56, if

It is a condition of the exercise of the right to pursue advocacy,



(c)) shall lapse in the bodies of lawyer Chamber membership referred to in section 41, paragraph. 1

(a). (b)), d) to (f)),



(d)) the lawyer cannot be elected or appointed to the Chamber's bodies referred to in

in section 41, paragraph. 1 (a). (b)), d) to (f)).



(2) the suspension of the exercise of advocacy



and shall not cease participation in the lawyer's) Association under section 14 or in the company;

participation of the lawyer in the foreign company shall not cease, if the legislation of the

Home of the State in which the registered office of the foreign company, unless otherwise provided in

otherwise,



(b) is without prejudice to the obligation of a lawyer) referred to in section 24a, paragraph. 1,



c does not terminate the duty of the advocate) to make payments pursuant to section 30, paragraph. 1,



(d)) shall not prejudice the disciplinary responsibility of a lawyer, even when it comes to disciplinary

misconduct, which occurred at the time of suspension of the exercise of advocacy.



§ 9b



(1) the suspension of the exercise of advocacy will lapse



and the removal of the) day, which was the reason for the suspension of

advocacy, and in the cases referred to in § 9 (2). 2 (a). and (b)) or) or section 9

paragraph. 3 the date of expiry of the period for which the power of advocacy

is suspended,



(b) the date of the decision), which was the decision to suspend

practice cancelled or amended (section 55, paragraph 7).



(2) the termination of the suspension shall be recorded in the list of Chamber advocacy

lawyers without delay, but not later than within one month after the

He learned; for the record, the Chamber shall inform the lawyer



§ 10



(1) if in the case of a lawyer who was entered in the list of lawyers in accordance with §

5A, to suspension or termination of the Agency to provide legal services in

abroad, he shall suspend the Chamber practice under this Act,

where appropriate, it shall withdraw from the list of lawyers.



(2) the Chamber shall notify without delay to the extent necessary, the competent authority

a foreign State on the suspension of the exercise of advocacy advocate

in the list of lawyers under section 5a, as well as to the deletion of the

a lawyer from a list of lawyers.



(3) where a suspended practice lawyer, who was entered in the

list of lawyers in accordance with § 5(b), or if this was a lawyer from the list

deleted, informs the Chamber of lawyers, without delay, to the extent necessary for the

the authority of the home State, from which he received permission

to provide legal services under a professional title, according to § 2 (2). 1

(a). (b)) (hereinafter referred to as "the competent authority of the home State").



(4) the Chamber shall notify without delay to the extent necessary, the competent authority

the Member State of the European Union or of the home State, in which the lawyer

registered in the list of lawyers according to § 5 (3). 1 or section 57 provides

legal services in a similar position within the European lawyer

under this Act, for the suspension of the advocate, advocacy

as well as the deletion of this lawyer from a list of lawyers.



THE HEAD OF THE SECOND



How to practice



§ 11



(1) the Lawyer performs legal profession



and) separately, or



(b)), together with other lawyers as a partner of the company in accordance with

the civil code (hereinafter the "Association"), or as a companion

the company under section 15, or as a companion to a foreign company,

or



(c) employed by) section 15a.



(2) the Chamber leads the list of associations, companies and foreign

companies; the provisions of the special law that are not

without prejudice to the.



§ 12



(1) in the exercise of advocacy is an attorney required to use the designation

"lawyer".



(2) the common name Of the Association or of the business of the company shall

be clear that this is an association or company, whose subject

activity is advocacy.



(3) the details of the application of the indications referred to in paragraph 1 and common

the name of the Association and the business of the company in accordance with paragraph 2 lays down the

rebellion of the prescription; under the conditions laid down by the prosecutors are

the lawyer, an association or a company authorized to use appendices

relating to the legal services provided.



(4) a lawyer providing legal services on behalf of the foreign company

under section of the 35s promoter, used the business name or the name of the foreign

the company or its business according to the registration in the commercial

the register.



section 13



(1) the advocate must have a registered office in the territory of the Czech Republic, which is written

in the list of lawyers.



(2) if the Attorney practicing law separately or in association, is its

the registered office referred to in paragraph 1 established entrepreneurs according to the specific legal

regulations.



(3) the Head Office of a lawyer who performs legal profession in society, must be

the same is the seat of the company in accordance with the specific legislation.



(4) Based lawyer advocacy in the employment relationship (section 15a

paragraph. 1) to another lawyer or to the registered office of the company is its

the employer referred to in paragraph 1 or pursuant to paragraph 3.



the title launched



§ 14



Association



(1) Attorneys can bring together, for the purpose of joint practice; in

this case, the adjusted mutual relations of the written agreement referred to in

of the civil code. Partners of the Association can only be lawyers and

are required to exercise the legal profession under a common name. In order to achieve

the agreed purpose of the Association is its individual shareholders are entitled to

employ more lawyers according to § 15a; These lawyers are not companions

the Association.



(2) property acquired by common practice becomes

all members of the Association, coownership unless otherwise provided in the contract

otherwise. According to the Treaty to manage the common Affairs of the most

votes of members, each of the members belong to one vote, subject to the
the Treaty otherwise. The administration of the common things you cannot entrust the third person.



(3) the Lawyers, who are partners of the Association must have a common residence;

If there is a breach of this obligation, the effects occur even when the delivery

When a document addressed to some of the members of the Association is delivered

any other companion.



(4) a lawyer who is a member of the Association, not from the date of inception

participation in the day of her disappearance at the same time to exercise the legal profession alone,

as a partner of the company or foreign company as a partner,

in another Association, or in employment.



(5) the provisions of paragraphs 1 to 4 shall not apply if the parties agree with the lawyers on

the common provision of legal services in one or more of the cases.



§ 15



Company



(1) the Lawyers may pursue advocacy as companions of the public

company, limited partnership or limited company

limited, if the subject of business of such companies is the only performance

advocacy and its companions are the only lawyers; subject of business

public companies may be the performance of the activities of the insolvency

under special legislation Manager ^ 4a).



(2) unless otherwise provided in this Act, shall apply to the company

the provisions of the Act governing the legal relations of companies and

cooperatives.



(3) the lawyer is entitled to exercise the legal profession in the society to its

registration as a shareholder of the company in the commercial register and after registration

the fulfilment of the obligations of deposit in its entirety in the commercial register;

the lawyer's permission to exercise until the legal profession alone, in

Association, or any other company shall remain unaffected.



(4) the Lawyers, who are partners of the company, shall be exercised by the legal profession

on behalf of the company and on its account. If the exercise of advocacy on behalf of the

the company permitted in individual cases, the special legal

^ regulations 4 c), carry out advocacy on behalf of his own lawyers, and on account

of the company; the same applies in the case of a lawyer who is

a companion company, to the provision of legal services is determined by the

of this law. As a participant of legal relations that are based in connection with the

the provision of legal services lawyer profession in

the company performs to the client, as well as against third parties, always

the company; These legal relations governed by this law (section 24, paragraph 2, and 3)

and by specific legislation.



(5) the Managing Director of a limited company may be appointed only from

among its members; the head of the company can be established only

lawyer. The lawyers, who are managers or authorized representative of the company,

covered by the obligation of professional secrecy pursuant to article 21, if this is a

facts concerning the provision of legal services by this company.



(6) by deletion from the list of lawyers in the company partner

expires, and a right to payment of his share of the settlement under the

special legal regulation.



(7) the heir of a business share in the company may be the only lawyer;

the right heir, who is not a lawyer, to the payment of the settlement of the share

According to the special law shall remain unaffected.



(8) a lawyer who carries out advocacy as a partner of the company,

cannot at the same time to exercise the legal profession alone, in the Association, as

a companion to another company or as a companion to a foreign company,

even in the employment relationship (section 15a).



(9) the provisions of § 18 paragraph. 1, section 19, 20, section 22, paragraph. 1, § 23, 25, 28 and 29

shall apply, mutatis mutandis, for the company.



Advocacy in the employment relationship



§ 15a



(1) the advocate may exercise the advocacy in the employment relationship to another

a lawyer or to a company or to a foreign company (hereinafter referred to as

"employed barrister").



(2) unless otherwise provided, the labor relations

attorneys employed by the labour code.



(3) the advocate may be a member of only one lawyer or one

company or a foreign company; employed by a lawyer is not

entitled to exercise at the same time the legal profession alone or together with other

lawyers.



(4) Employed a lawyer is obliged to apply in the exercise of advocacy

the designation "Attorney" together with an indication of their employer; other

indications or additions under section 12 is employed by a lawyer authorised to

use only after agreement with their employer.



(5) employed by a lawyer is not entitled to conclude, as the employer

employment relationship with another lawyer or trainee solicitor with law

[to section 37, paragraph 1 (b), (e))] or in connection with the exercise of advocacy

to employ more people.



(6) in the exercise of advocacy progresses employed lawyer according to the provisions of the

section 3 (3). 1 and section 16 that is obliged to follow instructions

the employer, if these guidelines are not in conflict with the law, or

rules or instructions of the client.



section 15b



(1) Employed a lawyer carries out advocacy on behalf of the employer and the

his account; with the consent of the employer is entitled to an attorney employed by the

to carry out advocacy and on its own behalf and on behalf of the employer, if the



and specific legislation) advocacy of employed lawyer

on behalf of the employer permitted in individual cases,



(b)) have legal services consists in representation in proceedings before the courts or

other authorities, including the defence in criminal proceedings.



(2) If employed by a lawyer to provide legal services in accordance with

This Act intended or in accordance with special legislation, appointed

provides legal services on its own behalf and on behalf of the employer.



§ 15 c



Damage caused to the employer in providing the employed lawyer

legal services pursuant to § 15a and 15b or in direct connection with him

damage caused in the performance of work tasks; employed by the Attorney for the

This damage to the employer by the labour code.



section 15 d



(1) in the case of the lawyer, which so far has pursued advocacy

separately, becomes employed by a lawyer, cross the date of

employment of his rights and obligations in relation to the

clients of his employer, unless it agrees to a lawyer with a client in

the date of the employment relationship, or if the client fails to date of

employment of other measures. The lawyer is obliged to inform their

clients that will become employed by a lawyer, within 3 days from the date of

the conclusion of the contract, but not later than 15 days before the date of

of the employment relationship.



(2) the subject of a transfer of rights and obligations referred to in paragraph 1 is not

the obligation to compensate for the injury lawyer employed under section 24, paragraph. 1,

as well as the obligation to return the goods, including money

provided by the client. Employers are also more

the obligations and rights arising from the original contract between the

the lawyer and the client, if the employer as a result of their

the transition to this lawyer without reason or has suffered from

or if the fulfilment of these obligations was not possible after the employer

a fair request.



Permanent cooperation between lawyers



section 15e



(1) a solicitor, practising the legal profession alone, can provide

legal services for another lawyer practicing law separately,

for the company or foreign company, on the basis of the Treaty,

you about the permanent provision of legal services shall conclude with another lawyer,

companies or foreign companies (hereinafter referred to as the "Treaty of permanent

cooperation "). Permanent cooperation contract must be in writing and

not restrict the independence of the lawyer in the provision of legal services

According to § 3 (2). 1 and § 16.



(2) a solicitor, practising the legal profession alone, can provide

legal services lawyers in the Association, if the contracts on permanent

cooperation with at least one of the members of the Association and others

the partners of the association with written consent.



(3) the provisions of § 19 is not the provisions of paragraphs 1 and 2.



(4) a lawyer providing legal services on the basis of permanent

cooperation (hereinafter referred to as "cooperating attorney") can work together

with only one lawyer or with one company or one

foreign companies or with one Association; the provisions of § 14 paragraph.

5 this is not prejudice.



section 15f



(1) permanent cooperation treaty must contain



and the definition of the subject matter and scope) of the legal services provided by the

cooperating attorney



(b)) definition of relations and how coordination in the provision of

cooperating attorney legal services,



(c) the definition of the method materially technical) security in providing

legal services lawyer, for example, any cooperating

renting offices working with the lawyer, its equipment or

the common use of technical means, administratively,



(d) whether the cooperating) the arrangement attorney will provide legal services

under the Treaty on permanent cooperation on their own behalf or on behalf of a lawyer,

the company, foreign company or association with which the

cooperates, where necessary, how and under what conditions will the name of a lawyer,

the company, foreign company or association in providing

legal services on the basis of permanent cooperation used,
(e) determining the method of statement of laws) of the services provided by the

cooperating attorney on the basis of permanent cooperation.



(2) If a cooperating attorney provides legal services on the basis of the

the Treaty on permanent cooperation, is obliged to notify the client in advance.



(3) on the basis of permanent cooperation cannot provide legal

in cases where the service was cooperating attorney to provide

legal services under this Act intended or in accordance with specific

the legislation established; the provisions of section 16. 1 this does not prejudice.



THE HEAD OF THE THIRD



The rights and obligations of lawyers



section 16 of the



(1) the lawyer is obliged to protect and promote the rights and legitimate interests of the

client and follow his instructions. However, the client is not bound by the guidelines, if they are

in conflict with the law or prosecutors; about the lawyer shall

the client reasonably learn.



(2) in the exercise of advocacy is to advocate shall act honestly and conscientiously;

is obliged to use all legal means consistently and in their

the framework applied in the interest of the client, all according to your beliefs it considers the

to be beneficial.



§ 17



The Attorney shall proceed in practice so that the dignity of not

the advocate's status; to that end, in particular, obliged to comply with the rules

professional ethics and the rules of the competition. The rules of professional ethics and

competition rules lays down the rebellion of the prescription.



§ 17a



(1) in criminal proceedings before the Court, in proceedings before the Supreme Court,

The Supreme Administrative Court and the Constitutional Court is an attorney required to use

rebellion of the clothing of the lawyer.



(2) the Chamber of prosecutors provides the appearance of the estates of clothing

lawyer.



(3) the Chamber is entitled to on the basis of a selection procedure carried out to determine the

one or more vendors to the estates of the garment.



section 18



(1) the Attorney shall be entitled to refuse to provide legal services, if

According to special regulations established or Chamber to provide

legal services in accordance with paragraph 2; the provisions of § 19 of this

prejudice.



(2) the person who does not meet the conditions for the provision of a lawyer by the Court pursuant to the

specific legislation) and ^ 7 c cannot rise grant

legal services under this Act (hereinafter referred to as "the applicant"), has the right to

his Chamber on the basis of his early draft lawyer. In the same case

However, the applicant may be determined by the Chamber of Commerce attorney only once; This does not apply,

If he refuses this matter previously designated a lawyer to provide legal services of

the grounds referred to in section 19. In the decision on the appointment of a lawyer, the Chamber shall define the

the thing in which the lawyer is obliged to provide legal services, as well as a range of

These services. The Chamber may, in a decision on the appointment of a lawyer to establish and

other conditions for the provision of legal services, including the obligation to provide

legal assistance free of charge or for a reduced fee if you justify it

the income and property of the applicant. The Chamber designated lawyer shall be obliged to

legal services to the applicant to provide a Chamber intended conditions. It

does not apply, if the reasons for the refusal to provide legal services

referred to in section 19 or, in the case of manifestly unfounded application or guard

rights; in these cases, the lawyer of the reasons for non-legal

services without delay in writing, inform the applicant and the Chamber. Appointment of a lawyer

The Chamber does not replace the full power of a required special legislation

to the defense, which was a lawyer, a Chamber designed in criminal proceedings

or to its representation in other proceedings.



(3) if the applicant requests that have been designated by the legal services lawyer

provided free of charge or for a reduced fee, it shall at the same time with

submitting a proposal for the appointment of a lawyer by the Chamber show that its revenue and

equity ratios of such provision of legal services; way

proof of income and financial circumstances of the applicant, as well as a range of

the information that the applicant is obliged to inform the Chamber provides the Ministry of

Justice after the previous observations of the Chamber by a decree.



(4) the Chamber of the appointment of a lawyer at any time cancel, if during the provision of the

legal services this lawyer in the relevant things as the reasons, on

basis of which it was intended. lawyer Chamber If the Attorney agrees with the

otherwise, the client, or if the client fails to other measures, the lawyer shall be obliged to

After a period of 15 days from the date when the annulment of his determination to provide

legal services, do all urgent acts so that the client

suffer on their rights or legitimate interests. This does not apply,

If a lawyer shall inform the client that the fulfilment of this obligation lasts.



(5) the obligation to provide legal services lawyer designated free of charge or

for a reduced fee, the Chamber at any time, where appropriate, with retroactive effect,

cancels or changes, if for the provision of legal services

the designated lawyer show that ratios provide legal services to the client

free of charge or for a reduced fee, where appropriate, justify the

neodůvodňovaly.



(6) if the legal services provided to the designated lawyer free of charge

or for a reduced fee, the Chamber shall ensure that such provision

legal services lawyers were distinguished from ordinary evenly, even with regard to the

the complexity of the case, in which legal services are to be provided and the possible

costs which may designated a lawyer in connection with the provision of

legal services arise.



§ 19



(1) an advocate is required to refuse to provide legal services, if



and in the same case), or in the things related has already provided legal services

another, whose interests are in conflict with the interests of the person who for the provision of

legal services asks,



(b)) a person whose interests are in conflict with the interests of the person who for legal services

asks, has the same things or things related legal services

lawyer, with whom he performs advocacy in together (section 11 (1)), or in the

the case of the employed lawyer lawyer who is his employer,

or a lawyer who is an employee of the same employer,



(c)), the information that it has about another client or former client

could whoever asks about the provision of legal services, wrongly

favoured,



(d) consideration of the case) took part in the lawyer, or a person the lawyer

nearby,



e) interests who for the provision of legal services requests, are in contradiction with the

the interests of the lawyer or the lawyer in person.



(2) participation in the consideration of the case referred to in paragraph 1 (b). (d)) is not

provision of legal services by a lawyer or by the persons referred to in section 2 of the

(2).



section 20



(1) an advocate is required to contract for the provision of legal services to terminate,

where appropriate, request the withdrawal of the provisions on the determination of, or ask the Chamber

another lawyer, finds out if the facts referred to in section 19.



(2) the lawyer is authorized to contract for the provision of legal services

denounce, where appropriate, request the withdrawal of the provisions or ask the Chamber of

specify another lawyer, if there is a disruption of the necessary trust between him and the

the client, or if the client does not provide the necessary synergies. The lawyer is

entitled to do this if the client through the lessons

a lawyer that his instructions are in breach of the legal or

prosecutors, insisting a lawyer yet progressed according to

of these guidelines.



(3) the lawyer is authorized to contract for the provision of legal services

denounce, if a client fails a reasonable advance on the remuneration for the provision of

legal services, although he was asked about it by a lawyer.



(4) the client is authorized to contract for the provision of legal services to terminate

at any time, even without giving a reason.



(5) the notice period can be arranged only for the case of termination of the Treaty on

provision of legal services by a lawyer referred to in paragraph 2, the sentence

the first or on the part of the client; However, the period of notice shall be not more than

three months.



(6) if the Attorney Agrees with the client otherwise or unless the client

other measures, the Attorney shall, for a period of 15 days from the date on which the Treaty on the

provision of legal services on the basis of the testimony referred to in paragraphs 1 to 5

or for another reason, do all the urgent tasks to

the client has not suffered on their rights or legitimate interests. It

does not apply, if the client advocate, on the fulfilment of this obligation

does not last.



section 21



(1) an advocate is required to maintain the confidentiality of all facts

which he learned in connection with the provision of legal services.



(2) the obligation of secrecy can only relieve the client of the lawyer, and after

his death or extinction of the legal successor to the client; If the client has multiple

successors in title, for a waiver of the lawyer's obligation of secrecy

needed a favourable speech all the legal successors of the client. Waiver

obligations of confidentiality of the lawyer-client or his legal successor

or his successors in title shall be made in writing and must

be addressed to the lawyer; in the proceedings before the Court may be made orally

in the log. Even then, however, the lawyer shall be obliged to maintain confidentiality,

If the circumstances of the case clear that client or his legal

the successor of this obligation was under duress or in distress.



(3) the Lawyer does not have the obligation of confidentiality in relation to the person you

instructs individual legal services by performing the acts, if this

a person shall be obliged to observe this obligation itself.
(4) the duty of confidentiality is not a lawyer is bound to the extent necessary for the

the proceedings before the Court or other authority, if the subject of a dispute between the management

him and the client or his legal successor; the obligations of confidentiality

the lawyer is not bound also in proceedings pursuant to § 55, in proceedings relating to an action against the

the decision of the Chamber or in the proceedings on the complaint against the decision of the

the Court on this application under special legislation ^ 8a), as well as in the

the management on the matters referred to in section 55b, and to the extent necessary for the

the protection of his rights or interests protected by law as a lawyer.



(5) the obligation of secrecy shall not affect the obligations of the lawyer

as the tax entity established by specific provisions on administration of taxes and

charges; ^ 9) even in this case, however, the lawyer shall maintain

confidential nature of the case, in which the legal services provided, or

provides.



(6) the obligation of secrecy, the lawyer cannot invoke the disciplinary

management, as well as to advocate, which was commissioned by the Chairman of the supervisory

the Council performing preparatory acts to investigate whether karnej

offence (section 33 (3)). Obligations of confidentiality, the lawyer cannot

challenge in meeting the obligations under the Act on certain measures

against the legalization of proceeds from crime and the financing of terrorism,

as well as against representatives of the Chamber when performing the acts referred to in paragraph 10.



(7) the duty of confidentiality does not affect the obligation imposed by law

thwart the Commission of an offence. ^ 10)



(8) the obligation of secrecy endures even after deletion from the list of lawyers.



(9) the obligation of secrecy to the extent specified in paragraphs 1 to 8 shall

apply, mutatis mutandis, to the



and the employee's attorney or company) or a foreign company

as well as to other persons, that is with a lawyer or in society or in the

foreign companies involved in the provision of legal services,



(b) the members of the bodies of the Chamber) and its employees, as well as to all persons,

participating in disciplinary proceedings, including the lawyers appointed by the President

the Control Board by performing preparatory acts to investigate whether there was a

kárnému offence (section 33 (3)).



(10) the members of the Chamber's bodies, its employees and lawyers credentials

the Chairman of the Supervisory Board by performing preparatory acts to ensure that the

There has been wrongdoing, karnej are not bound by obligations of confidentiality under the

paragraph 9 to the extent necessary for the proceedings before the Court in matters of

referred to in paragraph 4 of part of the sentence for the semicolon. The members of the Chamber's bodies

and its employees are no longer bound by the duty of confidentiality to the extent

necessary to comply with the reporting obligations under section 10, paragraph 1. 2 to 4, §

paragraph 35d and section 35r. 1, 2 and 4.



section 22



(1) the Advocacy carried out usually for reward; the client can ask for

reasonable advance.



(2) employed by a lawyer performs legal profession for wages provided for by

special legislation ^ 10a), which provides its

the employer.



(3) method of determining remuneration and compensation lawyer, who performs legal profession

alone or together with other lawyers (section 11 (1)), as well as

their amount, established the Ministry of Justice after the previous expression

The Chamber of the Decree.



section 23



If the lawyer appointed by the State of his reward.



§ 23a



If the lawyer, the company or foreign company tax payer

value added, belongs to the company or foreign lawyer,

companies to reward and compensation under section 22 or 23 is also the amount

corresponding to this tax, you are obliged to advocate or company

remuneration and compensation payable under special legislation ^ 10b).



section 24



(1) the Lawyer is responsible to the client for the damage that he has caused in

connection with the exercise of advocacy. The Attorney is responsible for injury caused by

the client even if the injury was caused, in connection with the performance of

advocacy of his representative or other employee than employed

lawyer; the liability of such persons for injury caused by the employer

in accordance with the specific legislation that does not affect.



(2) if the solicitor advocacy in the company or in foreign

the company is responsible to the client for the damage referred to in paragraph 1 of this

the company or foreign company.



(3) the injury caused in connection with the exercise of advocacy for employed

go to the employer's solicitor, the client is responsible, and even if

referred to in section 15b.



(4) the Attorney or company of liability referred to in paragraphs 1 to 3

release, prove that the injury could not be prevented even when expending

all the efforts, which can require.



§ 24a



(1) a lawyer who carries out advocacy individually or in associations, must

be insured in case of liability for injury, for which the client

§ 24, paragraph. 1, as well as for the case of the obligation to

compensation for injury, for which compliance with the legal profession is a lawyer practising in

Association in accordance with the specific legislation required to because of solidarity

liability. The Attorney, who carries the legal profession in the public business

company or as komplementář limited partnership, must be in

the insurance company or insured separately for the case of

the obligation to compensate for damage, for which it is responsible under section 24, paragraph. 2 this

the company, and the lawyer is under special legal regulations to

his compliance with the due liability as her companion.



(2) the minimum limit of indemnity insurance lawyers by

paragraph 1 lays down the Chamber of prosecutors.



section 24b



(1) a limited liability company and limited partnership must be from

the emergence of the date of your cancellation of the insured in case of liability for injury,

that correspond to the client pursuant to section 24, paragraph. 2 (hereinafter referred to as "insurance

company "); the insurance company is a prerequisite for its registration in the

the commercial register.



(2) the minimum limit of indemnity from insurance companies must

do at least 50 0000 0000 CZK for each shareholder of the company with limited liability

the limited, which has not been suspended, or advocacy of at least 10 000

USD komanditistu for each limited partnership, which was not

suspended the exercise of advocacy.



(3) if there is a increasing the number of shareholders in a company with limited liability

restricted or limited partnership or of limited partners to the demise

suspension of the exercise of advocacy partnership limited liability companies

or under a limited partnership, the indemnity shall be

insurance companies increased to match the minimum limit of the

indemnity insurance company referred to in paragraph 2, and that

the day when a change has occurred.



(4) the original or an officially certified copy of the insurance contract of insurance

the company, where appropriate, a document issued by an insurance company or other appropriate

a person showing insurance company (hereinafter referred to as "proof of the

insurance company ") must be attached to the proposal on registration

company, or of each of the new shareholder of the company in the commercial

Register and kept in the collection of documents in the register, and it

including copies or officially certified copies of proof of insurance changes

the company.



(5) the company is required to submit a copy of the Chamber or officially

a certified copy of the document of insurance company



and by the end of the calendar year) preceding the calendar year, the

which insurance company applies,



(b)) within one week of the date when the change referred to in paragraph 3,

or



(c)) within one week of the date of this Chamber so requests.



(6) If a company fails to comply with the obligation referred to in paragraph 5, or if it detects

The Chamber, that the company is not insured in accordance with paragraphs 1 to 3, shall submit to the Chamber

the Court without delay in accordance with the special law proposal to repeal

the company and its liquidation ^ 4 c).



§ 24 c



(1) the Chamber of Commerce arranged for lawyers practising advocacy separately

or as partners of the Association, the insurance of liability for

the injury, which correspond to the client pursuant to section 24, paragraph. 1 (hereinafter referred to as

"the bulk of insurance lawyers"). The insurance contract for collective insurance

the Commission shall publish in the journal of the Chamber of lawyers. The lawyer is obliged to pay the

The Chamber of lawyers of insurance premiums by the end of the bulk of the calendar

year preceding the calendar year to which the bulk of the insurance

attorneys may apply.



(2) if the Attorney does not want to be involved, the bulk of insurance lawyers

shall submit not later than the expiry of the period referred to in paragraph 1 the Chamber a copy

or certified copy of the insurance contract or document issued by the

insurance or other appropriate person, showing that it is for the

the calendar year insured separately; the minimum limit of the

the claims of the agreed insurance, however, must never be

lower than in the case of mass insurance lawyers.



§ 25



(1) for the provision of legal services is an attorney required to maintain a reasonable

the documentation.



(2) the provisions of paragraph 1 are without prejudice to the specific provisions of the

accounting. ^ 11)



§ 25a



(1) the Attorney shall be entitled to replace the official signature verification required

the specific legislation of your statement with the same effects if

a lawyer myself wrote it or acting in person before a lawyer
manuscript signed (hereinafter referred to as the "Declaration of authenticity of signature").



(2) the Declaration of authenticity of signature must be drawn up on a Charter or

on Charter with her tight and must contain the



and the number of books) normal declarations about the authenticity of the signature,



(b)) name, surname, place of residence or place of stay and date of birth

the acting person,



(c)) how the identity of the acting person has been identified, including the

the type and number of the document,



(d) a statement that the lawyer's) Charter was drawn up, or that it was before

him acting person signed in manuscript,



(e)), the date and place, where the authenticity of the signature of the Declaration was a lawyer

the latter, the



(f)) name and surname of a lawyer, his registration number as an entry in the

list of lawyers and his signature, and in the case referred to in paragraph 5, the name of the

and the surname of a lawyer, his registration number as an entry in the list

lawyers, name and surname of trainee lawyers and accountancy

registration number in the list of legal executives and his signature with

Appendix "in the representation".



(3) the Lawyer is obliged to submit to the Chamber before it made

Declaration of authenticity of signature specimen of your signature, which must be

officially authenticated; the official verification of the signature of the lawyer cannot be a declaration of

the authenticity of the signature replaced.



(4) the advocate is required to keep a record of any statements made about the

the authenticity of the signature in the form of a book on the authenticity of the signature, that

the lawyer shall issue for consideration.



(5) an attorney may do the Declaration of authenticity of signature represented by

According to section 26 of the Barristers ' Association, who performed legal practice

trainee lawyers for at least two years; the provisions of paragraph 3

the intern shall apply mutatis mutandis.



(6) the details of the obligations of a lawyer and worked as an associate in accordance with

the preceding paragraphs shall lay down the rebellion of the prescription.



§ 25b



The Attorney provided the volume of the book about the declarations of authenticity

the signing will enable, where appropriate, the acquisition of a copy of or extract from this volume

The Chamber, the Ministry of Justice in the exercise of its jurisdiction under section

52B, Court, law enforcement authority or experts, which was

established in proceedings before a State or other authority, if the expert is unable to

to submit an expert without getting familiar with it.



section 25 c



In connection with the provision of legal services lawyer conduct

authorized the conversion procedure laid down in a separate legal documents

^ Regulation 11a).



section 26



(1) the Lawyer shall within its mandate may be represented by another

lawyer.



(2) unless otherwise provided by special provision otherwise, 12) can advocate for

individual acts of legal aid even the employee advocate

or law clerk.



section 27 of the



(1) If a lawyer, who performs legal profession separately, any

obstacle in carrying out advocacy and other measures for the purpose of

protection of the rights or the law protected the interests of its clients, is obliged to

establish without delay, but not later than one month from the date on which the

such an obstacle arose, another lawyer in agreement with him as its agent

(section 26 (1)) and the clients in writing, without delay, notify about it;

the provisions of § 29. 2 this does not prejudice. If the lawyer fails in this

the obligation shall be determined by a representative of the Chamber of Commerce, saying that under the circumstances of the case will determine the

and the amount of the refund, which is obliged to provide a lawyer representatives.



(2) Agreed to, the lawyer designated by the Chamber of representatives referred to in paragraph 1

the sentences of the other, with the client within one month from the date on which the client was on the

determine the representative informed otherwise or if the client fails to do so within this period

other measures, passed on to the agent in relation to the client's rights and

the obligations of the principal lawyer, arising from the contract

legal services, including the rights and obligations arising out of the representation of the

client in proceedings before courts or other authorities, and rights and obligations

the defence counsel in criminal proceedings. This is true even in the case when the relationship between the

client and the solicitor are based specifying according to § 18 paragraph. 2 or

provisions in accordance with the specific legislation. Chamber of this transition

the rights and obligations on the request of the representative. The provisions of sections 19 and 20 of the

apply for a representative of the lawyer designated by the Chamber pursuant to paragraph 1 sentence

the second analogy.



(3) the subject of the transfer of rights and obligations referred to in paragraph 2 is not

the obligation to compensate for the injury being a lawyer (section 24 (1)), as well as

the obligation to return the goods, including funds provided by the

by the client. The representative also do other obligations and rights

arising from the original contract between the lawyer and the client,

If the representative of as a result of their transition towards this lawyer

without reason or has suffered from, or if they meet these

the obligations could not be after representatives of the fair.



(4) if the lawyer who pursued the legal profession alone, withdrawn

from the list of lawyers, the Chamber shall designate another lawyer, his successor

where appropriate, shall take other appropriate measures to protect the rights and the law protected

the interests of the clients of the lawyer vyškrtnutého; the designated successor to promptly

in writing, inform the clients about the measures taken. If it is a

due to the circumstances of the case, the Chamber may determine to be the successor of the

vyškrtnutého lawyer and more lawyers. The provisions of paragraphs 2 and 3,

the changeover of rights and obligations between a lawyer and his

Representative, shall apply to the transition between the rights and duties of lawyer

vyškrtnutým from the list of lawyers and its successor, mutatis mutandis.



(5) if the lawyer Died, who performed the legal profession, the Court separately on

the design of the Chamber shall appoint a successor to the deceased lawyer, if the appointment

agree, the administrator of that part of the estate of the deceased by the Attorney

He used to practice.



section 28



(1) a lawyer or law clerk are in the interest of honesty and seriousness

as the State required before against another lawyer or

bar koncipientovi initiate judicial or other proceedings in

performance-related advocacy, make use of the conciliation procedure before the authorities

The Chamber; This shall not apply if at least one of the participants in the dispute to the third person.



(2) the conciliation procedure is usually conducted before the President of the Chamber of Commerce or other

a member of its Board of Directors; its purpose is to guide the participants in the dispute to

his resolve in an amicable settlement.



(3) details of the conciliation provides for rebellion of the prescription.



section 29



(1) an advocate is required to notify the Chamber without delay after the start of the performance

the bar is located, the way performs advocacy, as well as other

the facts necessary for the maintenance of a list of lawyers provided for body

Regulation; the lawyer is obliged to notify without delay Chamber and amendments to these

the facts, and one week after it occurred.



(2) the Lawyer is obliged to notify the Chamber within the time limit referred to in paragraph 1

any fact that could be the reason for the suspension of

advocacy or removed from the list of lawyers.



section 30



(1) the Lawyer is obliged to pay contributions to the activities of the Association and to

the Social Fund of the Chamber, or perform other payments foreseen by the

This Act [section 43 (b) (c))].



(2) due to the debts incurred on the basis of the obligations referred to in paragraph 1

do not disappear by deletion from the list of lawyers; This does not apply, if the

deletion for the reasons given in section 7b, paragraph. 1 (a). and (c)).)



section 31



The lawyer or the company or foreign company, which employs

trainee lawyers are required to create such working

the conditions, which bar koncipientovi will allow the proper preparation for

the profession of lawyer; the bar must be allowed, in particular koncipientovi

participation in the training courses organized by the Chamber of Commerce, good preparation for the bar

the test, as well as participation in the bar exams.



THE HEAD OF THE FOURTH



Disciplinary responsibility and disciplinary proceedings



§ 32



(1) the Attorney and law clerk are responsible for disciplinary kárně

wrongdoing.



(2) the Disciplinary offense is serious or culpable breach of

the obligations laid down by the lawyer or the bar koncipientovi this

or a special law or prosecutors.



(3) the lawyer for disciplinary transgressions to save some of these punitive

measures:



a) admonition,



(b)) public admonition,



(c)) a fine of up to 100 times the minimum monthly wage set by the

a special legal regulation, ^ 13)



(d)) temporary prohibition of the performance of advocacy that is stored on the period from six months to

of three years,



(e) deletion from the list of lawyers).



(4) the bar koncipientovi you can save some of the disciplinary offence

these punitive measures:



a) admonition,



(b)) public admonition,



(c)) a fine of up to 20 times the minimum monthly wage set by the

a special legal regulation, ^ 13)



(d)) removed from the list of legal executives.



(5) in the case of less serious misconduct, save

disciplinary measures or a lawyer to the bar koncipientovi,

If the consideration of the disciplinary offence is to be considered

sufficient.



(6) the Proceeds of the fines it seems.



section 33



(1) whether the lawyer or trainee lawyer guilty of disciplinary

wrongdoing, and imposing disciplinary measures disciplinary proceedings shall be decided in

initiated on the basis of the disciplinary proceedings disciplinary prosecutor (article 46, paragraph 3
and § 51 paragraph. 2 the three-man Disciplinary Chamber) composed of the members of the disciplinary Commission of the

The Chamber. Participants in the disciplinary proceedings are the disciplinary prosecutor and Attorney or

law clerk, against which the disciplinary proceedings (hereinafter referred to as

"kárně the accused").



(2) Disciplinary action must be filed within six months from the day on which the disciplinary

the applicant learned of the disciplinary offence, but not later than two years from the

the day when the wrongdoing occurred karnej. The six-month period, the

shall, after they have been made to examine the preparatory acts,

whether the wrongdoing occurred karnej; This period shall not be extended two months.



(3) if the disciplinary procedure act as the Chairman of the disciplinary prosecutor

the control of the Council is hereby authorised to instruct another lawyer in agreement with him

by performing preparatory acts necessary to examine whether there was a

kárnému wrongdoing; This authorized the lawyer has, as regards the documents and

other documents to lawyers, a member of the control Council permission under section 46

paragraph. 4 second sentence.



(4) Kárně the accused may be represented by a lawyer in disciplinary proceedings. Kárně

the accused who is not represented by the disciplinary board will appoint a guardian,

If it requires the protection of its interests, particularly if the defective mental

disorder or a disease which prevents him properly. Guardian

the disciplinary board shall appoint another lawyer in agreement with him.



(5) the accused has the right to express Kárně on all the facts which

He placed blame for; has the right to defend and to propose evidence which would

should be carried out.



(6) in the disciplinary proceedings may examine witnesses, experts or the parties, only

When you arrive, and provide testimony voluntarily. Other evidence can be

perform only if voluntarily provided. Evidence that cannot be

as follows to execute, performs at the request of the Chamber and on the costs of the Court; Court

is obliged to comply with the request, unless the evidence under the law

an unacceptable. The Court shall take all decisions, which are to

implementation of the dožádáním the desired evidence needed.



§ 33a



(1) the costs of the disciplinary proceedings, which in the disciplinary proceedings incurred by the participant

disciplinary proceedings shall be borne by the participant. The Chamber shall bear the costs associated with the activities of the

the disciplinary board and the Board of appeal, the costs of the interpreter and the costs

associated with the implementation of evidence.



(2) if the disciplinary board Said in the decision establishing the disciplinary proceedings to an end,

that kárně the accused committed the disciplinary offence committed at the same time in

kárně decision of the accused to compensate the costs of the disciplinary proceedings, which

shall be borne by the Chamber pursuant to paragraph 1, a one-off amount referred to in

a reasonable amount of prosecutors.



(3) the witness Chamber replaces the cost and earnings, which he

arguably, he had walked. The claim is to be applied at the Chamber within three days from the

the hearing, otherwise ceases to exist; about the witness must be advised.



(4) Replacement of cash expenses and providing rewards to the experts and interpreters

governed by specific legislation. ^ 13a)



§ 34



(1) for the decision of the disciplinary proceedings is crucial in the factual and legal

status at the time when the wrongdoing occurred karnej; later legislation has

apply if it is more favourable for the accused kárně.



(2) a written copy of the decision establishing the disciplinary proceedings must end

contain a statement of grounds and lessons on the appeal, and shall be

delivered to the participants; in the case referred to in § 33a paragraph. 2 includes

a written copy of the decision and the opinion imposing an obligation to compensate

the costs of the disciplinary proceedings.



(3) Delivered the decision establishing the disciplinary proceedings and against which

they cannot be appealed, is in the final and enforceable, unless it is a case of

referred to in paragraph 4. Other decisions enter into force their

the announcement; If the disciplinary regulations of the notice is prescribed, the

the decision of the legal power to their adoption.



(4) if as a disciplinary measure imposed on, you need to pay it to

fifteen days of the decision, unless the decision deadline

longer or unless otherwise specified in the decision, that the fine is to be paid in

instalments. The decision imposing the punitive measures enforceable,

Once the deadline for implementation.



(5) the provisions of paragraph 4 shall apply mutatis mutandis to the decision

imposing an obligation to pay the costs.



§ 34a



(1) the disciplinary board may decide on the matter without a disciplinary hearing regulation

with the command, if the facts of the reliably detected so far with

the evidence.



(2) Disciplinary command, you can save only the disciplinary actions admonishment or

disciplinary measures, penalties up to 10 times the minimum monthly wage

laid down specific legal předpisem13), if the accused is kárně

the lawyer, or up to twice the minimum monthly wage set by the

special legal předpisem13), if the accused is kárně law firm

Clerk; the provisions of § 32 paragraph. 5 this is not prejudice.



(3) the disciplinary command has the nature of the decision of the disciplinary board, which said that the

kárně, the accused is guilty of the disciplinary offence. Effects associated with

the announcement of the decision of the disciplinary chamber occurs by delivering written

copies of the disciplinary order kárně the accused.



§ 34b



(1) a written copy of the disciplinary order shall contain a statement of the case

the same thing, the opinion imposing an obligation to refund the costs of the disciplinary proceedings (§

33A paragraph. 2) and lessons about the right to resistance, including a warning that in the

When kárně accused the resistance, will no longer be nařizováno negotiations

the Disciplinary Chamber to hear the case (section 34d (1)).



(2) a written copy of the disciplinary order is delivered kárně, the accused and the

kárnému plaintiff; If the kárně accused the representative or guardian (§ 33

paragraph. 4), served with a written copy of the disciplinary and command them.



§ 34 c



(1) Kárně the accused, the plaintiff and the punitive kárně the accused or his representative

guardian (hereinafter the "authorized person") may be made against the kárnému

the resistance of the command; opposition must be made within 15 days from the receipt of the written

copies of the disciplinary order. The representatives of the kárně of the accused or his or her

opatrovníkovi time for filing opposition the same day as kárně

the accused.



(2) After service of the written copy of the disciplinary order, the authorized person

may your rights of opposition to explicitly give up.



§ 34d



(1) if the order against kárnému filed by an authorized person within the time limit

referred to in section 34 c of paragraph 1. 1 resistance, kárný command is deleted and the President of the

the Disciplinary Chamber shall order the hearing of the case of the negotiations; When the next

discussing things is not bound by the legal qualification of the disciplinary board or the kind of

or disciplinary measures, within which were contained in the disciplinary order.



(2) If, within the period referred to in section 34 c of paragraph 1. 1 filed against kárnému

order any of the parties to the opposition, shall take disciplinary command on the day

following the date of expiry of this period, the legal power and is enforceable.

If all of the authorized person before the expiry of the period referred to in § 34 c

paragraph. 1 expressly waived the right to lodging resistance (§ 34 c (2)), shall take

the punitive law and order is enforceable on the day following the date on which

the disciplinary chamber received such comments from the last of the authorised persons.



section 34e



Has been issued disciplinary command may take disciplinary prosecutor shall exercise disciplinary action back

until a written copy of the disciplinary order is delivered to some of the

authorised persons; withdrawal of the disciplinary action, the disciplinary command is deleted and

disciplinary proceedings will be stopped.



section 35



(1) against the decision of the Disciplinary Chamber in disciplinary proceedings, this

the proceedings before the disciplinary Senate ends, a participant may submit to the disciplinary proceedings

fifteen days from receipt of the written copy of the appeal; appeal

shall have suspensive effect. The provisions of the first sentence shall not apply in cases where the disciplinary

the Senate decided to use punitive.



(2) the appeal shall be decided by a panel of the Senate appointed from members of the Board of

Disciplinary Commission (hereinafter referred to as "the Board").



(3) the Board of the Chamber of appeal decision cancels or

the appeal be rejected and the decision. If the Board of Appeal Chamber

citing the contested decision, decides on the merits or it returns

kárnému the Senate for further proceedings and decisions; the disciplinary board is in this

the case is bound by the legal opinion of the Board.



section 35a



(1) the decision on the imposition of the disciplinary measures of exhortation, removed from the

list of lawyers, or deletion from the list of interns is

done on the day when the acquired power.



(2) the decision on the imposition of the disciplinary measures the public admonition executes

the President of the Chamber of its publication in the journal of the Czech Bar Association

(hereinafter referred to as "the Gazette"); It is enforced on the date that is specified in the header

the relevant amount of the Journal as the date of its circulation. The decision cannot be

If passed, the date has become enforceable, the longer

six months.



(3) a decision imposing punitive measures of a temporary ban on the exercise of

advocacy is done on the date of expiry of the period of prohibition referred to in

decision. This period begins to run on the date when the decision became

enforceable; If the enforceability of the decision postponed, its running

interrupts.



(4) the decision on the imposition of disciplinary measures, the fine is enforced on the date
payment of a fine in the amount of Chamber set out in the decision; If you want to be

the fine has been paid in instalments, the decision is enforced on the date of payment of the

the latest installment. Enforceable decisions imposing disciplinary measures

the fine is enforceable and enforcement pursuant to title

special legislation ^ 14). If the fine is to be paid in

instalments, the Chamber is entitled to submit a proposal on the enforcement of the decision in

If any of the instalments were not paid in a timely manner; the performance of the decision

in this case, refers to the entire outstanding amount of the fine. This

However, permissions can use the Chamber no later than the due date closest to the

the next installment.



(5) a decision imposing an obligation to refund the costs of the disciplinary proceedings is

done on the date of payment of the amount of the costs of the proceedings (section 33a, paragraph 2).

If the obligation to pay the costs of the disciplinary proceedings is met within the time limit

under this law, or within the time limit laid down in the decision, apply to the

the performance of the decision imposing the obligation to refund the costs of the disciplinary

proceeding provisions of paragraph 4 of the enforcement of a decision imposing a disciplinary

the measure of a fine analogy.



section 35b



The lawyer or trainee lawyers for the purposes of disciplinary proceedings

looking as if he did not commit the disciplinary offence, where appropriate, as would

It was not imposed disciplinary measures



and the date of the decision), which was from the imposition of the disciplinary measures

abandoned,



(b) the date on which the decision) about the imposition of disciplinary measures admonition or

public admonition was done, if he imposed disciplinary measures

censure or public admonition. If the decision on the imposition of

the disciplinary measures the public admonition of enforced within the time limit referred to in section 35a

paragraph. 2, with the date of expiry of that period, who was saved,

as if a disciplinary offence,



(c)) if passed from the date when the decision on the imposition of a disciplinary measure was

done, period of one year, if he imposed disciplinary measures, penalties

or disciplinary measures of the temporary prohibition of the practice,



(d)) if passed from the date of removal from the list of lawyers period of five years,

If the lawyer disciplinary measures imposed, removed from the list

lawyers,



(e)) if passed from the date of the deletion period of three years, if the bar

koncipientovi disciplinary measures imposed, removed from the list of law firms

new associates.



section c and 35 c



(1) if disciplinary proceedings by the decision which has acquired the power to

in it against the same accused and kárně for the same disciplinary offence

continue only if enabled restoration of disciplinary proceedings; the recovery of the disciplinary

management cannot be enabled if the final decision of the disciplinary proceedings

stopped.



(2) a proposal to permit restoration of the disciplinary proceedings may lodge his party

come out if new facts or evidence that without fault

the Subscriber could not be applied in disciplinary proceedings, and which could in themselves

on its own or in conjunction with the facts and the evidence, known previously,

lead to a more favourable decision for the kárně of the accused.



(3) a proposal for the renewal of the disciplinary proceedings can be filed within six months from the date of

When a party to the disciplinary proceedings, disciplinary proceedings, suggests recovery

learned about the reason of the renewal referred to in paragraph 2, or from the day when it could

apply; the proposal is not admissible against the decision, which was not

decided on the merits.



(4) on the proposal for renewal of the authorization shall be decided by the disciplinary proceedings for this purpose

separately, set up the Disciplinary Chamber; the disciplinary Senate proposal on authorisation of recovery

the disciplinary proceedings either rejects, or the recovery of the disciplinary proceedings. Against the

decision on the proposal to allow the renewal of the disciplinary proceedings may

a participant to appeal (section 35).



(5) if the decision, which was the restoration of the disciplinary proceedings is enabled,

has acquired the power to all the previous decisions in disciplinary proceedings

taken are deleted and the Disciplinary Chamber, that the recovery of the disciplinary proceedings,

thing in disciplinary proceedings shall discuss again.



§ 35d



(1) the Chamber shall notify without delay to the extent necessary, the competent authority

the foreign State of the initiation and outcome of disciplinary proceedings against a lawyer,

that was entered in the list of lawyers under section 5a.



(2) the Chamber shall notify without delay to the extent necessary, the competent authority

the Member State of the European Union or of the home State, in which the lawyer

registered in the list of lawyers according to § 5 (3). 1 or section 57 provides

legal services in a similar position within the European lawyer

under this Act, of the initiation and outcome of the disciplinary proceedings against this

the lawyer.



§ 35e



(1) details of the disciplinary procedure provides for disciplinary order.



(2) unless otherwise provided by this law or disciplinary regulations of something else or

unless something else from the nature of things, the disciplinary proceedings shall apply in

mutatis mutandis, the provisions of the code of criminal procedure.



PART THE THIRD



A EUROPEAN LAWYER



HEAD FIRST



A GUEST EUROPEAN LAWYER



§ 35f



Visiting the European lawyer ^ 14a) is the European lawyer, who

provides legal services in the territory of the Czech Republic temporarily or

occasionally.



section 35 g



A guest European lawyer is obliged to use when providing legal

Services professional designation under section 2 (2). 1 (a). (b)), indicating the

the competent authority of the home State; This marking must be expressed in

the official language or one of the official languages of the home Member State.



section 35



(1) a guest European lawyer cannot be a partner of the Association (section 14)

Neither the partner company (§ 15).



(2) a guest European lawyer is not entitled to participate in the Convention and cannot

be elected to organs of the Chamber.



(3) a guest European lawyer is authorised to draft the Treaty on the

the transfer of real estate, the mortgage contract, whose subject is the property

and the contract on transfer or lease all or part of the undertaking, if the concern

real estate; a guest European lawyer is not permitted to make statements

the authenticity of the signature (§ 25a).



§ 35i



(1) in the provision of legal services, consisting of the representation in

proceedings before the courts or other authorities, including the defence in a criminal

management, is hosting a European lawyer must comply with the obligations

which are laid down by law or prosecutors for lawyers,

as a representative of the participants in this proceeding. If any of these provisions

the question, there is a guest European lawyer must comply with

the duties, which are determined by law, rules, or other

the rules of the home State for the provision of legal services (hereinafter referred to as

"the rules of the home State").



(2) in the provision of legal services, other than those referred to in

paragraph 1, is hosting a European lawyer must comply with the obligations

which are laid down in the legislation of the home State. If the provisions

the home state of any question, there shall, when providing

legal services to the visiting European lawyer article 3, paragraph 3. 1 and

2, section 16, 17, § 18 paragraph. 1, § 19 through 21, section 22, paragraph. 1, section 24, paragraph. 1 to 3,

section 25, 26 and 28, as well as the provisions of the special law, if

governing the provision of legal services by lawyers.



(3) the provisions of this Act or special legislation referred to

in paragraph 2, in the provision of legal services to the visiting European

a lawyer shall not apply, if compliance with the obligations laid down by them, cannot be

After visiting the European lawyer given to all the circumstances, and

in particular, the fact that this is a temporary or occasional

provision of legal services, reasonably require; However, this does not apply to

the obligations referred to in sections 16, 17, 19 to 21 and section 24, paragraph. 1 to 3.



§ 35j



(1) If a guest Provides a European lawyer in the territory of the Czech Republic

legal services without more substantial interruption after a period of one month,

obliged to notify the Chamber address the place of delivery in the Czech Republic

documents of the Chamber, including the decisions taken by the authorities of the Comoros, in the proceedings

in accordance with this Act. If a guest European lawyer this obligation

fails, document deposited with the Chamber, that the effects of the service of documents

(the decision) occur on the third day after you save; This also applies in the case of

documents to be served into your own hands that hosts

the European lawyer.



(2) if providing a visiting European lawyer legal services consisting in the

representation in proceedings before the courts or other authorities, including the defence in

criminal procedure, is obliged to appoint a lawyer as his Envoy for the

service of documents (hereinafter referred to as "agent for service of process"); the provisions of the

§ 35 p this does not prejudice. A guest European lawyer is obliged to notify

the Court or other authority of the address of the agent for service of process in

the first Act, which will make against him; the Court or other authority shall send the

the documents, including the decisions on the address of the agent for

delivery. If a guest European lawyer fails to comply with this obligation,

the Court or other authority document deposited with the fact that the effects of delivery

documents (decision) occur on the third day after you save; This also applies in the

the case of the documents to be delivered into your own hands

visiting the European lawyer.



§ 35 k



(1) If requested, is hosting a European lawyer must

demonstrate the Chamber, the Court or other competent authority of the document or
documents issued in the home state of your permission to provide in the home

State legal services under a professional title, according to § 2 (2). 1 (a). (b))

(hereinafter referred to as the "license"); licence permissions must be visiting

the European lawyer presented with its translation into the Czech language.



(2) Until a guest European lawyer fails to comply with the obligation referred to in paragraph

1, is not entitled to provide legal services.



THE HEAD OF THE SECOND



ESTABLISHED EUROPEAN LAWYER



§ pot 0,35 litre



(1) Established European lawyer ^ 14b) is a European lawyer, that is

in the list of European lawyers kept by the Chamber of Commerce.



(2) the Established European lawyer is authorised to provide legal services to the

the territory of the Czech Republic consistently.



§ 35 m



(1) the Chamber of Commerce to the European lawyer writes the list of European lawyers to

one month from the receipt of the written application for registration, which must be

accompanied by the



a) documents proving that the European lawyer satisfies the conditions referred to in section 2 of the

paragraph. 1 (a). (b)) points 1 and 2,



(b) proof of compliance with obligations) under section 24a,



c) proof that the European lawyer paid for by the Chamber fee, which

provides for the maximum amount of the prescription of the estates of 10 000 Czk.



(2) the Chamber of the European lawyer in the list of European lawyers applied for,

If disciplinary measures had been imposed a temporary ban on the provision of

legal services (section 35q (2)) and the date on which the decision on the imposition of

This disciplinary measure was enforced, has at least one time

of the year.



(3) Established a European lawyer shows the permission to provide legal

services under this Act, a certificate of registration in the list of European

lawyers or identification card established European lawyer;

These documents, the Chamber shall issue no later than one week after the registration to the

list of European lawyers. " Pattern, and how to use

identification card established European lawyer lays down detailed

legal regulation; the implementing legislation may also provide for

the validity of the identification card established European lawyer. For

the certificate and identification card established European lawyer with the

apply section 5 d of paragraph 1. 3 and 4 apply mutatis mutandis.



(4) entry in the list of European records in the Chamber of lawyers

European lawyers within the time limit referred to in paragraph 3; Chamber in the same time period

inform about registration in the list of European lawyers in the extent required

the competent authority of the home State.



(5) the Established European lawyer is suspended permission to

provision of legal services under this Act, if any of the

the facts referred to in section 8b, paragraph. 1 (a). and), b), (d)) to (g)).



(6) the Chamber shall suspend the established European lawyer permission to

provision of legal services under this Act in the cases referred to in

§ 9 (2). 1, as well as in the case when it was suspended his privileges

provide legal services in home State under the professional title

According to § 2 (2). 1 (a). (b)); The Chamber may suspend the established European

the lawyer permission to provide legal services under this Act

in the cases referred to in § 9 (2). 2 and 3.



(7) the Established European lawyer,



and who died, it is) be deleted from the list of European lawyers on the day

the death,



(b)) which was declared dead, it is deleted from the list of European

lawyers at the date of the decision on the Declaration for the dead,



(c)) the disciplinary measures imposed a temporary ban on the provision

legal services (section 35q (2)), it is deleted from the list of European

lawyers at the date of the decision on the imposition of the disciplinary

the measures,



(d)), which made the Chamber a written request for deletion from the list of

European lawyers, provided with officially certified signature is deleted

from the list of European lawyers on the expiry of the calendar month in which the

This request was delivered to the Chamber; the official verification of the signature is not required,

If the established European lawyer application personally to the President of the Chamber shall transmit to the

or the authorized employee of the Chamber and this request before it signs,



(e)), which was entered in the list of lawyers (section 5b), it is deleted from the list

European lawyers on the date of registration in the list of lawyers; This does not prejudice

his permission to enjoy at the same time also the professional title of their home

State or its permission according to § 35na.



(8) the Chamber established the European advocate of the list of European lawyers

removed



and if it no longer fulfils the condition) according to § 2 (2). 1 (a). (b))

1,



(b)) if the permission were lost to provide legal services in home State

According to § 2 (2). 1 (a). (b)) (2), or



(c)) for the reasons given in section 7b, paragraph. 1 (a). e) and (f)) and section 8 (2). 1

(a). b) to (d)).



(9) in the case of the suspension of the privilege established European lawyer to

provision of legal services pursuant to this Act shall apply mutatis mutandis

the provisions of § 8b paragraph. 2, § 9 (2). 4, section 9a, 9b, and § 55 paragraph. 7.

the case of the deletion of established European lawyer from a list of European

Solicitors shall apply mutatis mutandis to the provisions of section 7b, paragraph. 2 and § 8 paragraph. 2 and

3.



(10) the suspension of the privilege of established European lawyer to

provision of legal services in accordance with this law, as well as on its

removed from the list of European lawyers inform the Chamber without delay,

within one week, the competent authority of the home State. ".



§ 35n



(1) unless otherwise provided, shall be used for established the European

the provisions of this Act apply mutatis mutandis lawyer and professional rules of

the rights and obligations of lawyers, where appropriate, the provisions of the Special

the legislation, if it provides for the rights and obligations of lawyers in the

connection with the exercise of advocacy.



(2) the Established European lawyer is obliged to use in providing

legal services professional designation under section 2 (2). 1 (a). (b)); This

the mark must be expressed in the official language or one of the

the official languages of the home Member State. This designation is established

a European lawyer obliged to give a link to his entry in the list

European lawyers. If the established European lawyer providing legal

services on behalf of the foreign company according to § 35s, the provisions of section 12 of the

paragraph. 4 apply mutatis mutandis.



(3) Established a European lawyer is entitled to disclose to their designation according to

paragraph 2 of the Appendix and expressing the fact that in his home State,

or even in other foreign States provides legal services together with the

other persons as a participant (the companion), association or legal person

similar associations or companies under this Act (sections 14 and 15).



(4) the Established European lawyer may be a companion to the Association (section 14) or

partner companies (section 15) and to exercise the legal profession as a

employed by a lawyer (section 15a).



(5) the Established European lawyer has the right to participate in the Convention; It cannot, however,

be elected to organs of the Chamber.



(6) the seat of the established European lawyer (section 13) shall be entered in the list of

European lawyers.



(7) the Established European lawyer may give permission, in the framework of its

represented by the persons referred to in section 26.



(8) the provisions of § 27. 4 and § 30 paragraph. 2 shall apply in the case of

the deletion from the list of the European lawyer established European

lawyers.



§ 35na



cancelled



THE HEAD OF THE THIRD



COMMON PROVISIONS



§ 35o



A European lawyer is authorised to provide legal services in

representation in proceedings before the courts or other authorities, including the defence in

criminal proceedings, even in those cases, when special legislation

provides that the party must be represented by a lawyer or that the

a representative of a party to proceedings may only be a lawyer.



§ 35 p



(1) If a European lawyer Provides legal services in

representation in proceedings before the courts or other authorities, including the defence in

criminal proceedings, and provides a special legal regulation, the participant must

be represented by counsel in this proceeding or that a representative of a participant may

just be a lawyer, the lawyer is obliged to establish a European lawyer after

the agreement with the client as a consultant in matters of procedural law,

that will be addressed in the proceeding, (hereinafter referred to as the "consultant"); the consultant may

establish a European lawyer and agent for service under § 35j paragraph.

2.



(2) the lawyer is obliged to notify the Court or other authority address

the headquarters of the consultant in the first Act, which will make against him; until the

a European lawyer fails to comply with this obligation, is not entitled to legal services

continue to provide.



(3) unless the Court or other authority, the consultant shall be entitled to

be present, with the agreement of the European lawyer in all operations,

which is entitled to be present as a representative (Attorney), the European

lawyer.



(4) the provisions of the previous paragraphs are without prejudice to the specific legal

the rules governing the proceedings before the courts or other authorities.



(5) the provisions of paragraph 1 is without prejudice to the responsibility of the European lawyer

for injury under section 24, paragraph. 1 to 3, or punitive (§ 35q

paragraph. 1).



Disciplinary responsibility and disciplinary proceedings



§ 35q



(1) a European lawyer is responsible under section kárně of the second head of the fourth

of this law.



(2) the European lawyer in disciplinary proceedings to impose disciplinary measures

referred to in section 32, paragraph. 3 (b). and (c))) and disciplinary measures of the temporary ban on
provision of legal services for a period of one year to five years. On

the decision on the imposition of the disciplinary measures of the temporary prohibition of the provision of

legal services shall apply mutatis mutandis to the provisions of section 35a, paragraph. 3 and § 35b

(a). (c)).



§ 35r



(1) the Chamber shall inform the extent necessary, the competent authority of the home

the State of the fact that the President of the Council intends to start against

the European lawyer disciplinary proceedings.



(2) if it has not been possible to fulfil the information obligation referred to in paragraph 1 of

because of the risk of late payment or if disciplinary proceedings initiated on

the basis of disciplinary actions brought by the Minister of Justice, the Chamber is required to

inform, without delay, to the extent necessary, the competent authority of the home

the State of the initiation of disciplinary proceedings against a lawyer.



(3) the disciplinary proceedings against a lawyer's disciplinary board or

the Board of appeal before the decision on the merits normally require as

one of the bases for the decision and the comments of the competent authority

Home State.



(4) the Chamber shall notify without delay to the extent necessary, the competent authority

the home state of the outcome of the disciplinary proceedings against a lawyer.



PART THE FOURTH



FOREIGN COMPANY



§ 35s



(1) a foreign company can provide on the territory of the Czech Republic

legal services, if



and has its registered office or organizational) of your business in one of the

home States,



(b)), its partners are the only lawyers or other natural persons that

are authorized to provide legal services in one of the home countries

under the professional title under section 2 (2). 1 (a). (b)) (2),



(c)) the subject of its business is only the provision of legal services,



(d) the foreign company or organizational) component of its business is

According to the special law entered into the commercial register,



(e)) legal services are provided only to lawyers or established

European lawyers.



(2) as the statutory body of the foreign company or its Manager

organizational folder can be entered into the commercial register only

lawyer or established European lawyer, who is a member of the foreign

the company. As a representative of foreign companies may be

trade register registered attorney or only established the European

lawyer; the provisions of § 15 of paragraph 1. 5 the second sentence shall apply mutatis mutandis.



(3) the Foreign company may employ in the service of lawyers,

established European lawyers and law practitioner.



(4) the provisions of § 15 of paragraph 1. 4 and 8, § 18 paragraph. 1, section 19, 20, section 22, paragraph. 1,

section 23, section 24, paragraph. 2 to 4, § 25, 28 and 29 shall apply to foreign

the company appropriately.



(5) unless otherwise provided in this Act, shall apply to international

company law governing legal relations business

companies and cooperatives.



section 35t



(1) each partner foreign company that is liable for its debts

all your assets (hereinafter referred to as "unlimited guarantee companion"), must be

in case of liability for injury resulting from a foreign company in the

connection with the provision of legal services in the territory of the Czech Republic from

the date of registration of the foreign company or its organizational folder to

commercial register of insured as a companion to the public business

company or komplementář limited partnership pursuant to section 24a (

"the insurance associates of foreign companies").



(2) a foreign company that has no unlimited guarantee

partners must be from the date of its registration or the registration of its organizational

folder in the register of insured for liability for

the injury suffered in connection with the provision of legal services on the territory of the

The Czech Republic as a limited liability company under this

the law; foreign company, which is in addition to the other shareholders at least

one achieves an unlimited partnership, must be insured as

a limited partnership under this Act (hereinafter referred to as "insurance

foreign companies ").



(3) the Foreign company is obliged to submit a copy of the Chamber or

certified copy of the insurance contract the insurance Associates

foreign company or foreign company, insurance

where appropriate, a document issued by an insurance company or a foreign insurance undertaking or

Another relevant person, showing the existence of the conditions and

the range of the corresponding insurance associates of foreign companies or

foreign insurance company (hereinafter referred to as "proof of insurance

foreign companies "), and by the end of the calendar year in which the

was registered in the list of foreign companies, and always to the end

the calendar year preceding the calendar year to which the

covered by insurance, as well as at any other time, if the Chamber so requests.



(4) the conditions referred to in section paragraph 35s. 1 (a). and (c)))

insurance associates of foreign companies or foreign insurance

the company is a prerequisite for the registration of a foreign company or its

organizational folder in the commercial register. Title deeds

compliance with the conditions referred to in section paragraph 35s. 1 (a). and (c))) and proof of

foreign insurance company must be attached to the proposal on registration

a foreign company or its business to business

the register and the collection of documents are stored in the commercial register, including

their changes.



(5) the Chamber of the Court shall without delay a proposal on the deletion of a foreign company

or her organizational folder from the commercial register, if it finds that



and the foreign company does not fulfil the conditions) referred to in section paragraph 35s. 1

(a). and (c))) and (e)),



(b)) the companions of the foreign companies are not insured under section 35t paragraph.

1,



(c) the foreign company is not insured) under section 35t paragraph. 2,



(d)) the foreign company did not meet the requirement specified in section 35t paragraph. 3.



§ 35u



When the transfer of the foreign companies on the territory of the Czech Republic

the provisions of § 35s and 35t, mutatis mutandis.



PART THE FIFTH



LAW CLERK



section 36



The Barristers ' Association is the one who is registered in the list of law firms

executives kept by the Chamber of Commerce.



§ 37



(1) the Chamber of the writes to the list of legal executives each,



and) who is fully svéprávný,



(b)) who earned a university degree in law



1. master's degree program studying at a University in the Czech

Republic ^ 1b), or



2. the study on the high school abroad, if such education in

The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the

under the international treaty, which the Czech Republic is bound, or

If such education was recognised by a specific legal

code ^ 1 d), and at the same time such education corresponds to the content and scope of

General education, which can be obtained in the field of law at a University in

The Czech Republic,



(c)) who is blameless,



(d)) who was not imposed punitive measures removed from list of law firms

executives or the visor, as if these disciplinary measures

It was not saved, and



(e)) who is a lawyer, established the European lawyer, to the company

or to foreign companies in employment agreed on

fixed weekly working time according to a special legal

Code ^ 14 c).



(2) if the applicant complies with the conditions referred to in paragraph 1, the Chamber he writes

to the list of interns on the basis of a written request, and

the date referred to in the application; This day, however, must not precede the date of the

creation of employment referred to in paragraph 1 (b). (e) the date of submission)

request. If there is no such day in the application for registration in the list of law firms

executives mentioned, writes Chamber of the applicant to the list of executives to

date of submission of the application. The list of legal executives records

Chamber interns in the list without delay, at the latest by

one week from the date of the registration, and shall issue to the bar koncipientovi

Intern identification card; identification card

the trainee demonstrated in the performance of legal practice, including in the

the representation of a lawyer on the basis of his credentials in the individual operations

legal aid. Pattern, and how to use the identification

card intern lays down detailed legislation;

the implementing legislation may also lay down the period of validity of

Intern identification card. For identification

certificates of legal executives shall apply section 5 d of paragraph 1. 3 and 4 apply mutatis mutandis.



(3) the Chamber worked as an associate from the list of legal executives

shall, if it finds that it does not meet any of the conditions referred to in

paragraph 1.



(4) the



and to whom it was imposed) disciplinary measures are removed from the list of law firms

executives, is deleted from the list of interns on the date

the decision on the imposition of the disciplinary measures,



(b)), who handed the Chamber a written request for deletion from the list of law firms

executives, provided with officially certified signature, it is deleted from the

list of interns on the expiry of the calendar month in

where the request for the deletion from the list of legal executives

The Chamber delivered; the official verification of the signature is not required, if the law
Clerk shall deliver a written request for deletion from the list of law firms

the President of the Chamber of commerce executives personally or authorized employees

The Chamber and this request before it signs,



(c)), who was entered in the list of lawyers, it is deleted from the list

interns on the date of registration in the list of lawyers,



(d)) who passed the bar exam, it is deleted from the list of law firms

executives on the expiry of the sixth calendar month following the

the month in which the test has been lodged; the provisions of subparagraphs (b) and (c)))

shall not be affected.



(5) the bar koncipientovi, which made the Chamber a written request for

the suspension of the legal practice of trainee lawyers under the

officially certified signature, is suspended for the performance of legal practice as lawyers

junior end of the calendar month in which the application was

The Chamber delivered; the official verification of the signature is not required, if the law

Clerk to the President of the Chamber shall transmit the request, personally or by his authorised

the staff of the Chambers, and the request shall be signed by him. The Chamber may

pause bar koncipientovi the performance of the legal practice of the reasons

referred to in section 9 (2). 2 and 3. Bar koncipientovi is suspended

the performance of the legal practice, has been taken into custody, he joined a performance penalty

imprisonment, or if he was liable to a penalty of disqualification

in the prohibition of the performance of the legal practice of trainee lawyers.



(6) in the case of removal from the list of legal executives or

the suspension of the legal practice of the intern with the provisions of section

7B, paragraph. 2, 8 (2). 3, § 8b paragraph. 1 (a). (d)) to (e)) and § 8b paragraph. 2, § 9

paragraph. 4, section 9a of the paragraph. 1 (a). and (b))) and § 9a, paragraph. 2 (a). (d)) and § 9b

shall apply mutatis mutandis.



section 38



(1) a trainee solicitor shall be exercised by or on the company or the

foreign company's legal practice, the aim is to get under the leadership

and the supervision of a lawyer's knowledge and experience necessary for the performance

advocacy.



(2) in the performance of legal practice is an associate shall proceed in accordance

with this Act and the rules. Law clerk is required to

follow a training action, which lays down the Chamber of prosecutors

as part of the legal practice; participation in these educational events

considered the performance of the work.



section 39



The provisions of section 16, 17, 17a, 21 and 29 shall apply to the advocate

as an associate, mutatis mutandis.



PART SIX



CHAMBER of COMMERCE



section 40



(1) there is hereby established the Chamber is based in Prague and with a branch in Brno Branch

in particular, the scope of the Chamber provides for European lawyers and lawyers are

located in the perimeter of the regional courts in Brno and Ostrava and for their law firm

executives.



(2) the Chamber is an autonomous professional organisation of all lawyers.



(3) the Chamber shall be exercised by the public administration in the field of advocacy ^ 15).



(4) the Chamber is a legal person.



§ 41



(1) the Chamber shall have the following authorities:



and) the Convention,



(b)), the Board of Directors



(c)) the President of the Chamber,



(d)), the Council



(e)) exercise disciplinary Commission



(f) exercise disciplinary Commission, the Appeals Board)



(g)) the Commission for bar examination test, an aptitude test, and

uznávací test (hereinafter referred to as the "trial of the Commission Chamber").



(2) the Chamber may set up advisory bodies.



section 42



Tag



(1) the highest authority is the diet.



(2) the right to participate in the Convention to all lawyers. The representation of a lawyer

another lawyer for the Assembly is not permitted.



(3) the Board of Directors shall convene the Assembly to meet not later than four

the years since the previous Assembly.



(4) the Convention shall be convened by the Board of Directors also if the request in writing in

during the two calendar months, or at least one-third of all lawyers

If requested by the Control Board. The Board of Directors is in these cases

obliged to convene the Parliament within two months; If the Board of Directors

they do not, is entitled to convene Parliament control the Council. Parliament must be convened

so, to meet as soon as possible into one and not later than three months from the

the date of convocation.



(5) the Convention is able to hijack, regardless of the number of lawyers.

The resolution of the Bundestag is taken, if it voted by an absolute majority of the

lawyers present. When choosing the members and alternate members of the Chamber's bodies

determines the number of votes cast for individual candidates are lawyers,

who took part in the elections; If there is only one candidate, is to select

necessary that this candidate received an absolute majority of the votes, lawyers,

who participated in the elections. The appeal of a member or alternate of the authorities

The Chamber is sufficient for at least three-fifths of the votes cast of lawyers, who attended the

the vote on the recall.



(6) the Convention will be convened by invitation published in the Gazette; the Convention is convened

on the day that is specified in the header of the appropriate amount of the Journal as the day

its circulation.



§ 43



The Assembly is the responsibility of



Choose from lawyers) direct and secret choice for four years and members

alternate members of the Board of Directors, supervisory board, the disciplinary Commission and the Board of appeal

the disciplinary Commission. Members of these bodies of the Chamber of the Convention also secret ballot

refers,



(b)) to approve prosecutors organizational code of the Chamber,



(c)) to establish the Fund prosecutors social Chamber, where appropriate, other

funds and to lay down rules for their creation and drawing,



(d)) to approve the prosecutors the amount of payments under section 30 of the lawyers

paragraph. 1, as appropriate, to establish the principles for determining the amount of

the Board of Directors,



e) approving the prosecutors the amount of compensation for loss of time

performance features in the institutions spent Chamber, where appropriate, establish the principles

for the determination of the amount thereof by the Board,



(f)) to consider and approve the report on the activities of the other institutions of the Chamber,



(g) interfere with or change the decision), the Board of Directors, other than a decision under section

paragraph 44. 3. Rights that arose from the decision of the Board of

lawyers or other persons, however, cannot be affected,



h) approving the electoral regulations (section 49 (2)) and its rules of procedure,



(I) to approve the professional regulations) adopted by the Board in cases

that's reserves, and



j) adopt a resolution in all other matters, that, with the exception of reserves

decisions in disciplinary proceedings.



§ 44



The Board of Directors



(1) the Board of Directors is the executive body of the Chamber.



(2) the Board has eleven members and five alternate members; If the number of

members of the Board of Directors under the number laid down in this law, the

the Board of Directors shall be entitled to add new members from among the alternates.



(3) the Board of Directors to decide on



and) removed from the list of lawyers in accordance with § 8 paragraph. 1 (a). and (c))),



(b)) removed from the list of legal executives pursuant to section 37, paragraph. 3 from the

because of nesplňování the conditions referred to in section 37, paragraph. 1 (a). (c)),



(c)) suspension of advocacy under section 9 (2). 2 (a). and (c))) or section

9 (2). 3,



(d)) the suspension of legal practice trainee lawyers under section 37

paragraph. 5 for the reasons referred to in § 9 (2). 2 (a). and (c))) or section 9 (2).

3,



e) revocation of decisions the suspension of advocacy under section 55, paragraph.

7,



(f)), which was not the annulment of the decision of advocacy is suspended under section

55 paragraph. 8.



(4) the Board of Directors on the responsibility



and the vote of its members) and dismiss the Chairman and Deputy Chairman of the Chamber.

One Vice-Chair elected from lawyers based in the territorial scope of

Branch Chamber of Commerce oversees the activities of the branch. The number of Vice-Presidents of the Chamber

determine the organizational regulations,



(b) receive professional regulations), with the exception of professional rules, which

approval under this Act or the resolution of the Bundestag is the responsibility of the Assembly. If

However, the diet's approval of the estate of the adopted regulation establishes

the Board of Directors [section 43 (b) (i))], will invalidate this rebellion of prescription

force, if it does not approve the next day; the law, which from this

the estate was established, however, the regulation cannot be affected,



c) issue journal



(d)) with the Social Fund resources of the Chamber, or other

the funds of the Chamber,



e) convene Parliament,



(f)) to the test to give the order for the bar exam, the test

eligibility and uznávací test (hereinafter referred to as the "lawyer's examination regulations"),



(g)) comment karnej order



(h) to administer the property of the Chamber),



(I) ensure publication, documentary), educational and academic activities

The Chamber,



(j))



to) do all the measures necessary to ensure the proper operation of the Chamber,

as well as perform other activities under this Act, if it is not for

other departments of the Chamber.



(5) the Board of Directors is obliged to inform the lawyers regularly on the activities of

bodies of the Chamber.



(6) the Board shall meet as a rule once a month; the meetings of the

the Board of Directors shall be convened by the President of the Chamber.



section 45



The President Of The Chamber Of Commerce



(1) the President of the Chamber acts on behalf of the Chamber in all matters.



(2) the President of the Chamber, to decide



and the appointment of a lawyer) according to § 18 paragraph. 2 and the cancellation of the designation of the lawyer

According to § 18 paragraph. 4,



(b) to determine the representative lawyer) under section 27. 1,



(c)) to determine the successor lawyer § 27. 4,



(d)) removed from the list of lawyers in accordance with § 8 paragraph. 1 (a). (b)), d) and section

10, paragraph 1. 1,



(e)) removed from the list of interns under section 37, paragraph. 3 from the

because of the conditions referred to in section nesplňování 37, paragraph. 1 (a). and (b))), (d)) and

(e)),



(f)) of the suspension of the exercise of advocacy under section 9 (2). 1 (a). 2 (a). (b))

and section 10, paragraph 1. 1,



(g)) of the suspension of the legal practice of trainee lawyers under section 37
paragraph. 5 of the grounds set out in section 9 (2). 2 (a). (b)),



(h)) to suspend the privilege established European lawyer to provide

legal services under this Act in accordance with § 35 paragraph. 6,



I) strike out established European lawyer from a list of European

lawyers according to § 35 paragraph. 8,



(j) other matters laid down) in this law.



(3) the President of the Chamber of Commerce carried out records in the list of lawyers in the

interns, in the list of associations, companies and

foreign companies and in the list of European lawyers.



(4) the President of the Chamber is entitled to do other measures or decisions

which are vested in the scope of this Act or the body

the code. In the time between meetings of the Board of Directors is the Chairman of the Chamber of Commerce

entitled to do other measures or decisions necessary to ensure the

the proper activities of the Chamber, unless this Act or

prosecutors reserved to another body of the Chamber.



section 46



The Control Board



(1) the Supervisory Board is the supervisory body of the Chamber.



(2) the control Council has 54 members.



(3) the Supervisory Board shall elect from among its members a Chairman and removed by the supervisory

the Council, and if so, the Organization of procedure, and the Vice-Chairman of the Control Board.

The President of the Council is hereby authorised to act in disciplinary proceedings under the

This act as disciplinary prosecutor.



(4) the control Council to oversee compliance with this Act,

the specific legislation, including the Act on certain measures against the

the legalization of proceeds from crime and the financing of terrorism, if the

associated with the power of advocacy or with the activities of the Chamber, as well as

professional rules by other authorities, the staff of the Chambers, the Chambers

Solicitors, lawyers and executives of European law. Lawyers,

European lawyers and articled clerks are required to submit to the members of

the control board all their required documents or other documents

incurred in connection with the provision of legal services or, if this is not

possible, to allow the members of the Supervisory Council of access to them; the same

the obligation to have the other authorities of the Chamber and the Chamber staff, as regards

documents or other documents arising in connection with their activities.



(5) the Supervisory Board shall carry out the tasks laid down by the law of some Chamber of Commerce

measures against the legalization of proceeds from crime and the financing of

terrorism; details on the procedure for the control of the Council and of the obligations

lawyers arising from this special legislation provides for

rebellion of the prescription.



(6) if the Control Board for that decision, other than a decision under section

paragraph 44. 3, or other measures adopted by the Board of Directors, including

the estates Act, is in conflict with the law or resolution

the Convention, shall be entitled to suspend the performance of his; However, the suspension shall cease to

If the Board of Directors suspended the decision confirms

a two-thirds majority of all its members. The Control Board is authorized to

suspend the performance confirmed the decision; pauses if committed

the decision, is required to request the convening of a Board of Directors at the Bundestag

the decision under section 43 (a). (g)).



section 47



Disciplinary Commission



(1) Disciplinary Commission shall exercise the responsibilities set out in this law and the disciplinary

the order of the disciplinary proceedings.



(2) the Disciplinary Commission has 83 members.



(3) the Disciplinary Commission shall elect from among its members the Chairman of the disciplinary Commission and refers,

and if so, the Organization of procedure and disciplinary Commission Vice-President.

The Chairman of the disciplinary Commission shall appoint from the members of the disciplinary Commission of members of disciplinary boards

(§ 33 (1)).



Section 47a



The appellate disciplinary Commission



(1) the disciplinary board of appeal, the Commission shall exercise the responsibilities set out in this Act and

disciplinary procedure in disciplinary proceedings.



(2) the appellate disciplinary Commission has 11 members.



(3) a member of the Board may be elected to the disciplinary Commission of the Attorney, who has reached the

the age of 40 years and was a member of the Board of Directors, supervisory board or disciplinary

the Commission, for at least 3 years.



(4) the disciplinary board of appeal, the Commission shall elect from among its members a Chairman and refers

the appellate disciplinary Commission, and if so, the Organization of procedure, and

Vice-Chairman of the Board of the disciplinary Commission. The Chairman of the disciplinary Commission of appeal

the Board of appeal shall be appointed by the members of the disciplinary Commission of the members of the boards of appeal (§ 35

paragraph. 2).



Common provisions on the bodies of the Chamber



section 48



Functions in the bodies of the Chamber are Honorable; the responsibility for their performance only

reimbursement of cash expenses and compensation for the loss of time.



section 49



(1) details of the organisation of the Chamber and its bodies shall establish organizational

of procedure and other provisions of the estates.



(2) the details of the elections to the Chamber's bodies, as well as on the appeal of their

the members shall establish electoral regulations.



PART SEVEN



ACTIVITIES IN THE FIELD OF MEDIATION



§ 49a



(1) the Chamber of Commerce provides training for lawyers in the field of mediation and ensures

tests for them, mediators under the law on mediation.



(2) if not stated otherwise, the content of the test and its

Similarly, the provisions of the Act on the particulars of a mediation.



(3) the Chamber will allow for up to 6 months from the delivery of the application to execute the following payment

the fee in the amount of CZK 5 000 test each lawyer mediator; If

lawyer asks to perform a test of family mediation also shall be

a fee of $ 10,000. The fee income.



(4) on the basis of the application, you can test the mediator to perform in the framework of the law

test, aptitude test or uznávací the test; the fee for the

the execution of such tests increased by CZK 5 000. If the candidate requests

to perform the test of family mediation also increases the fee for other

5 000 Czk.



(5) the Attorney, who was entered in the list of mediators, is bound to this

the fact published in 1 week the Chamber; Chamber of this fact without

undue delay recorded in the list of lawyers or the list

European lawyers. At the request of a lawyer who was entered in the list of

mediators, the Chamber of lawyers in the list or the list of European

the lawyers of his focus in the area of mediation.



§ 49b



(1) a registered mediator, who is a lawyer, and visiting the mediator, that

the European lawyer, are kárně liable for disciplinary transgressions.



(2) the Disciplinary offense referred to in paragraph 1 is serious or

culpable violation of the obligations laid down by the Act of mediation the mediator.



(3) a registered mediator, who is a lawyer, for disciplinary transgressions

Save



a) admonition,



(b)) public admonition,



(c)) a fine of up to 100 times the minimum monthly wage set by the other

the law, or



(d)) temporary prohibition of the provision of services of a mediator that is stored for 6 months

up to 5 years.



(4) the mediator, which is hosting the European lawyer in another

the law, you can save for the disciplinary offence



a) admonition,



(b)) public admonition, or



(c)) a fine of up to 100 times the minimum monthly wage set by the other

legal regulation.



(5) for the imposition of the disciplinary measures referred to in paragraph 3 (b). (d)) the Chamber is

obliged to inform the Ministry of Justice.



(6) for the disciplinary procedure shall apply mutatis mutandis the provisions of this law

Governing Council shall exercise disciplinary liability lawyer.



PART EIGHT



THE SCOPE OF THE MINISTRY OF JUSTICE



section 50



(1) the Chamber is obliged to submit within 30 days, the Ministry of Justice

all the estates regulations, adopted by its institutions.



(2) if the Minister of Justice considered that the rebellion of the prescription of the Chamber is in the

violation of the law, is entitled to submit a proposal for its review by the Court.



section 51



(1) the Ministry of Justice publishes the law after the previous

representation of the order of the Disciplinary Chamber.



(2) the Minister of Justice is empowered to act in disciplinary proceedings under the

This act as disciplinary prosecutor.



(3) the Minister of Justice is entitled to submit a proposal to the initiation of

removed from the list of lawyers, or from the list of European lawyers

or suspension of the exercise of advocacy lawyers or European lawyers.



section 52



(1) the Ministry of Justice publishes the law after the previous

representation of the Chamber of the bar exam.



(2) the Minister of Justice shall appoint the members of the trial Chamber, and the Commission's

at least one-third of its members on a proposal from the Chamber and one third of the

its members on the proposal of the Supreme Court.



§ 52a



Department of Justice Announces a communication published in the collection of

the laws of the professional designation under section 2 (2). 1 (a). (b)).



§ 52b



The Ministry of Justice shall exercise State supervision over the activities of

lawyers, European lawyers and legal executives pursuant to § 25a and

over the activities of lawyers under section 25 c.



§ 52c



The Ministry of Justice after the previous observations of the Chamber shall issue a decree

for the implementation of section 5 d of paragraph 1. 1, § 35 paragraph. 3 and section 37, paragraph. 2.



PART NINE



THE PROVISIONS OF THE COMMON, TRANSITIONAL AND FINAL



Common provisions



section 53



(1) the rules governing the estates issues assigned to them by this Act; further

they govern



and the fee for the test) and the details of his pay,



(b)) the registration fee within the list of lawyers and the registration fee to the list

European lawyers and details of their payment,



(c) the details of the implementation of payments) of lawyers and established the European

lawyers according to § 30 paragraph. 1,



(d) the rules of issue of Journal),



(e)) the details of each means of exercising advocacy,



(f)) for details on the provision of legal services lawyers, where necessary,

law practitioner
g) details on the provision of legal services by European lawyers



h) details the rights and obligations of lawyers, law firms

European executives and lawyers, which are defined by this law,

with the exception of rights and obligations in disciplinary proceedings and in the proceedings under section 55,



I) details the rights and obligations of lawyers, law firms

European executives and lawyers, which are defined in a special

the law, if you are connected with the exercise of advocacy.



(2) the Chamber Announces professional regulations in the Gazette; for the day of its publication in the

shall be the date specified in the header of the appropriate amount of the Journal as the day

its circulation.



(3) the rebellion of regulation to be adopted in accordance with this law, which was

declared in the manner referred to in paragraph 2, it becomes mandatory for

lawyers, law firm executives and European lawyers on the 30th day after the

its publication, unless the rebellion of prescription date later.



(4) the professional regulations referred to in paragraph 1 (b). and are also binding)

for the applicant to allow the execution of the bar exams, tests

eligibility or uznávací tests.



(5) the provisions of § 50 paragraph. 2 paragraph 3 and 4 is not affected.



§ 54



(1) the bar examination to verify the knowledge of the legal order of the Czech

of the Republic, including the ability of interpretation and application of the legislation on

particular case, as well as knowledge of the professional rules. Law firm

the exam can be done only in Czech or Slovak.



(2) an aptitude test to validate the knowledge referred to in paragraph 1,

However, taking into account the fact that the applicant is already in the execution of its

one of the Member States of the European Union or the home States fulfilled the

conditions to ensure that in this state he gained permission to provide

legal services under a professional title, according to § 2 (2). 1 (a). (b)).

Aptitude test can be done only in Czech or Slovak.



(3) Uznávací the verification test knowledge of the rules of

provision of legal services and the basic knowledge of the legal order of the Czech

of the Republic; the purpose of the test is to verify the uznávací and knowledge professional

regulations. Uznávací test can be done in one of foreign languages

commonly used in international trade.



(4) the bar exam, proficiency tests and uznávací tests may be

in Prague and Brno, where appropriate, and in any other place designated by the Chamber.



(5) the details of the law test, the test of eligibility and uznávací

the test provides a law examination regulations (section 52 (1)).



The management of



section 55



(1) In matters referred to in section 44, paragraph. 3 and in section 45, paragraph. 2 progress

authorities of the Chamber according to the administrative code ^ 15a), unless otherwise provided in this law

another. The provisions of sections 10 and 11, 13, 58 to 63, § 71 paragraph. 3 to 5, § 73

paragraph. 1, § 80 to 100, 103 to 129, 135 to 139, 141 to 152 and 178

the administrative code are not applicable.



(2) a participant in a proceeding may be referred to in paragraph 1 represented on the basis of

full power only by a lawyer; guardianship proceedings may be

only a lawyer appointed.



(3) the proceedings referred to in paragraph 1 may examine witnesses, experts or

the participants, as well as perform other evidence under the conditions referred to in section 33

paragraph. 6.



(4) in proceedings in which to decide the Board (section

paragraph 44. 3), always orders the oral proceedings.



(5) a written copy of the decision of the Chamber, which is under the control

paragraph 1 shall expire, shall contain a statement of grounds and lessons on options

brought against the decision of the lawsuit under a special legal regulation ^ 8a);

justification and lessons are not needed if the decision conform to all

participants in full.



(6) the decision of the Chamber is Delivered in legal power.



(7) the Chamber may annul the decision on a proposal from the advocate of the suspension

the exercise of advocacy under section 9 (2). 2 (a). and more), the duration of the

the suspension of the practice due to the personal circumstances of a lawyer, to the

circumstances, which came to light after the initiation of criminal prosecution, or to the

the time when to initiate criminal prosecution, has lost in importance, or

happened to the lawyer the unreasonably strict; However, the lawyer is entitled to

to submit such a proposal as soon as possible after one year from the date of legal power

the decision on the suspension of the exercise of advocacy. The provisions of the code of civil procedure

administrative satisfaction is without prejudice to the appellant by ^ 15b).



(8) the Chamber may, on a proposal from the disciplinary prosecutor or even ex officio cancel

the decision, which was not the power of advocacy under section 9 (2). 2 (a). and)

suspended, and in things again to decide if, due to circumstances,

that came after this decision made clear, has been undermined confidence in the next

the proper exercise of advocacy lawyer, against whom the prosecution is conducted.



(9) an enforceable decision is enforceable and

Executive title according to the specific legislation of ^ 14).



section 55a



cancelled



section 55b



(1) the



and who has not been in) time limits set by this law written in the list

lawyers to the list of legal executives or to the list of European

lawyers,



(b)) who were not within the time limits laid down in this law, issued a certificate of

registration for lawyers or a certificate of registration in the list of European lawyers

the lawyer's identification card, identification card established

the European lawyer, or intern identification card,



(c)) who was not within the time limit laid down in this law allowed to execute

bar exam, aptitude test or exam, uznávací



(d)) who was not within the time limit laid down in this Act to allow for the oath,



(e)) which was not within the time limit laid down in this act carried out in the

in the list of lawyers, interns or in the list of European

the lawyers of record referred to in section 55 c of paragraph 1. 1 (a). or (d))),



(f)) which has been in conflict with this act carried out in the list of lawyers in the

the list of legal executives or in the list of European lawyers

the record referred to in section 55 c of paragraph 1. 1 (a). (b)), or (c)),



is entitled to apply to the Court to decide on its right.



(2) disputes concerning the fulfilment of the debt incurred on the basis of the obligations referred to in section

30 paragraph. 1 the Court hears and decides.



section 55 c



(1) a record in the list of lawyers, in the list of legal executives or

in the list of European lawyers means the designation of the following

the facts:



and the list of lawyers), to the list of legal executives or

in the list of European lawyers



(b)) removed from the list of lawyers, from the list of legal executives

or from the list of European lawyers



(c)) suspension of advocacy or suspension of legal practice

trainee lawyers,



(d)) the demise of the suspension or termination of the suspension of the exercise of advocacy

the legal practice of trainee lawyers,



(e) other facts established) prosecutors.



(2) the Chamber will publish the records referred to in paragraph 1 (b). and (d)))

Journal.



§ 55d



(1) the list of lawyers, list of legal executives and a list of the European

lawyers are public lists; each may at the headquarters of the Chamber of

get a glimpse and take one's statements.



(2) the list of lawyers, list of legal executives and a list of the European

advocates have these personal information to solicitors, legal executives

or European lawyers:



name and last name),



(b)), and social security number if not allocated, date of birth,



(c) the address of the residence and headquarters).



(3) the certificate referred to in section 5 and section 27. 2, a certificate of registration to the list

for lawyers, a certificate of registration in the list of European lawyers

the lawyer's identification card, identification card established

European attorney and intern identification card,

as well as extracts from the list of lawyers, from the list of legal executives

and from the list of European lawyers, issued by the Chamber of Commerce are public

the documents.



§ 55e



(1) the document to the lawyer or established European lawyer

delivers to his Chamber seat; the provisions of § 14 paragraph. 4 this does not

without prejudice to the. The document specified by hosting the European lawyer delivers

The Chamber to the places referred to in section paragraph 35j. 1. Documents specified

bar koncipientovi delivers to the headquarters of lawyer Chamber, to which the

law clerk in the employment relationship; If the trainee in the

employment to the company (section 15), delivers the Chamber documents

bar koncipientovi to the headquarters of this company or to the headquarters of

any lawyer who is her companion.



(2) the call for payment under section 8 (2). 1 (a). (d)), disciplinary action,

summons of a party disciplinary proceedings for the hearing, disciplinary, and other

the decision issued in the disciplinary proceedings, which provides for disciplinary order,

a judgment given in proceedings under section 55 this procedure ends,

as well as the decision, which the Chamber has changed or canceled its decision

After having been brought against him, or an appeal to the Court of

(section 55a), are served in the bar or the advocate, koncipientovi

the European lawyer in the space referred to in paragraph 1 to the custom

the hands.



(3) unless otherwise provided in this Act, for the service of documents pursuant to

paragraph 2 shall apply the provisions of the administrative procedure for service of documents

in the administrative procedure, with the exception of the provisions of section 20 (2). 6 and section 24, paragraph. 2

the administrative code ^ 15a).
(4) if the lawyer, law clerk or established European lawyer in the

disciplinary proceedings or in proceedings under section 55 of the representative or guardian,

served with a document referred to in paragraph 2 only this representative or

opatrovníkovi.



(5) the preceding paragraph is without prejudice to the provisions of § 35j paragraph. 1 sentence

the second.



Foreign asset management lawyer



section 56



(1) the Lawyer is authorised to manage foreign assets, including the performance of the functions

the insolvency administrator under special legislation ^ 17).



(2) the provisions of part two of the second and third heads of this Act shall apply

for the activity of the lawyer referred to in paragraph 1, as well as for other activities

the lawyers carried out according to the specific legislation of the ^ 17a) mutatis mutandis.

The lawyer, however, does not have the obligation of professional secrecy, pursuant to section 21 in respect of

the facts on which he learned in connection with the performance of the function

the insolvency administrator; the provisions of the special legal regulation of ^ 17b)

obligations of confidentiality without prejudice to the insolvency administrator.



section 56a



(1) Money, securities or other property received by a lawyer in the administration of the

the lawyer is obliged to save on a special account with the Bank or other person

authorized by special legislation to accept deposits or to

the administration of the securities or other assets.



(2) the client is obliged to pay the lawyer cost asset management

referred to in paragraph 1.



(3) the Agreement on the administration of the property, a copy of the documents submitted by the client,

a power of attorney granted to him by the client or any other instruments resulting from

connection with the management of the assets referred to in the preceding paragraphs, the store

the lawyer for a period of ten years from the end of the administration.



(4) the details of the obligations of a lawyer under the preceding paragraphs

provides for the regulation of the estates.



Transitional provisions



§ 57



(1) the Lawyers registered in the list of lawyers maintained by the existing

the legislation on the date of effectiveness of this law become lawyers under this

the law; The Chamber is entered in the list of lawyers without request.



(2) Commercial lawyers enrolled in the list of commercial lawyers kept by the

According to the existing legislation, the effective date of this Act, become

lawyers under this Act; The Chamber is entered in the list of lawyers

request.



section 58



(1) legal executives enrolled in the list of legal executives

According to the existing legislation administered by the effective date of this law

become the law which under this Act; The Chamber is entered

to the list of legal executives without request.



(2) the legal candidates enrolled in the list of commercial law lawyer

According to the existing legislation administered by the trainees, the effective date of this

the Act becoming law practitioner under this Act; The Chamber is

writes to the list of legal executives without request.



(3) the practice undertaken by the law practitioner and aspirant commercial

According to the existing legislation, a lawyer shall be deemed legal practice

trainee lawyers under this Act.



section 59



(1) the bar exam, consisting in the effective date of this Act pursuant to

the existing legislation is considered a bar exam in accordance with this

the law.



(2) the test to the date of the commercial lawyer composed the effectiveness of this law

According to the existing legislation is considered by the bar exam

of this law.



(3) the bar exam made up to 31 December 2006. December 1992 in accordance with the law

The Slovak National Council No. 132/1990 Coll., on the legal profession, shall be deemed to

bar exam in accordance with this Act.



section 60



cancelled



section 61



For higher education under section 5 (3). 1 (a). (b)) and section 37, paragraph. 1

(a). (b)) shall be deemed also to higher education gained legal

the Faculty of the high school is located on the territory of the Czech and Slovak Federal

Republic or of its legal predecessors.



section 62



(1) Disciplinary measures are removed from the list of lawyers and disciplinary

the measure removed from the list of commercial lawyers imposed according to

the existing regulations are considered to be disciplinary measures, removal of

the list of lawyers according to § 5 (3). 1 (a). (e)) and section 8 (2). 1 (a). (f)).



(2) the proposal on initiating disciplinary proceedings under this Act, if there is

deed that could be considered a disciplinary offence or

disciplinary transgressions according to present legislation before the date of

the effectiveness of the law, is entitled to as disciplinary Prosecutor submitted only the President of the

the control of the Council, and within the time limits laid down for the submission of a proposal to start

disciplinary proceeding or disciplinary proceedings those provisions.



(3) a Disciplinary proceeding or disciplinary proceedings initiated before the date of

the effectiveness of the Act in accordance with current legislation shall be completed according to the following

legislation; the scope of the existing regulations of the disciplinary authorities pursuant

perform this procedure by the competent authorities.



section 63



The right of a person who was not in accordance with the existing regulations in the list

the lawyers or the list of commercial lawyers, who was from these lists

According to present regulations withdrawn or who was referred to in the existing

the provisions suspended the activities of advocacy or performance of commercial

the lawyer, sue in the courts for protection, this law is not affected.



section 64



To the days or periods referred to in section 5 (3). 1 (a). (e)), § 7, § 8 paragraph. 2 and section

paragraph 37. 2 includes the period or periods, which began a run for

the effectiveness of the existing legislation or under.



section 65



(1) The election of the Board under this Act shall exercise its

the scope of the Board of Directors, composed of the members of the Board of the Czech Bar Association

the Chamber and members of the Board of Directors of the Czech Chamber of commercial lawyers

of the Republic, elected according to the existing legislation.



(2) the Board of Directors referred to in paragraph 1 shall elect from among its members a Chairman and a

where appropriate, the Vice-President of the Chamber.



(3) The date of the first Assembly (§ 68) is the responsibility of the Board next to the

its competence laid down in this law and the scope of the Convention, pursuant to section 43

(a). b) to (f)).



section 66



(1) The election of the Supervisory Board pursuant to this Act shall exercise its

the scope of the Supervisory Council, composed of members of the revision Commission of the Czech Bar Association

the Chamber and members of the Supervisory Board of the Chamber of commercial lawyers of the Czech Republic

selected according legislation.



(2) the audit referred to in paragraph 1, the Council shall elect from among its members a Chairman and a

where appropriate, the Vice-Chairman of the Control Board.



§ 67



(1) The election of a disciplinary Commission pursuant to this Act shall exercise its scope

Disciplinary Commission, made up of the members of the disciplinary Commission of the Czech Bar Association and

the members of the disciplinary Commission of the Chamber of commercial lawyers of the Czech Republic

selected according legislation.



(2) the Disciplinary Commission referred to in paragraph 1 shall elect from among its members a Chairman and a

where appropriate, the disciplinary Commission Vice-President.



section 68



The Board referred to in section 65 shall convene the first Parliament under this Act to

three months from the effective date of this Act.



§ 69



Effective date of this Act, the rights and obligations of the Czech pass

the bar established by the law of the Czech National Council No. 128/1990 Coll., on

the legal profession, and the Chamber of commercial lawyers, established by the law of the Czech national

No 209/1990 Coll., of the commercial lawyers and legal assistance they

granted, on the Chamber.



Final provisions



section 70



(1) Trade privileges to provide legal services created by

Special regulations cease to exist on the date of ^ 19) the effectiveness of this Act.



(2) Companions (members) or the authorities of the trading companies and cooperatives,

the course of business (work) includes the provision of legal

the services are required to adapt to the social contract or statutes and

the legal ratios of commercial companies (cooperatives) this law within six

months from the date of its effectiveness and to submit the proposal in the same period to the competent

registration in the commercial register; If they do so, shall apply, mutatis mutandis,

the provisions of section 764, paragraph. 2 the second and third sentence of the commercial code.



section 71



Shall be deleted:



1. the law of the Czech National Council No. 128/1990 Coll. on advocacy,



2. the law of the Czech National Council No. 209/1990 Coll., of the commercial lawyers and

the legal assistance provided.



section 72



This law shall enter into force on 1 January 2005. July, 1996.



Uhde in r.



Havel in r.



Klaus r.



Selected provisions of the novel



Article II of Act No. 228/2002 Sb.



Transitional provisions



1. A new entry in the list of lawyers in accordance with § 5f may ask a lawyer

that was entered in the list of lawyers after the composition of the uznávací tests according to

the existing legislation.



2. To the deletion from the list of lawyers in accordance with § 7b, paragraph. 1 (a). (g)) at

upon request, the Czech Bar Chamber prior to the date

the effectiveness of this law, after the expiry of the period laid down by the existing

provisions.



3. deletion from the list of interns under section 37, paragraph. 4

(a). (b)) based on the request, which came in front of the Czech Bar Chamber

date of entry into force of this law, after the expiry of the period laid down

the existing provisions.



4. The management on the matters referred to in section 55, paragraph. 1 the first sentence, which was

initiated before the date of entry into force of this Act, the Authority completed the Czech

the Bar Association competent according to the existing legislation.



5. the examination Commission for bar examination appointed by and uznávací

the existing legislation is considered a trial Committee of the Czech Bar Association

the Chamber pursuant to Act No. 85/1996 Coll., on the legal profession, as amended by this

the law.
Article. (III) Act No. 205/2005 Sb.



Transitional provisions to part two



1. The length of the term of the existing members and alternate members of the

the Board of Directors, the Supervisory Council and the disciplinary Commission of the Czech Bar Association,

be governed by the existing law.



2. The convening of the Convention the present Board of the Czech Bar Association,

be governed by the existing law.



Article II of Act No. 79/2006 Sb.



Transitional provisions



1. In assessing the period of legal practice of the trainee lawyers, which was

carried out before the date of entry into force of this Act, the Czech

According to the existing rules of the Bar Association.



2. Disciplinary command can be issued even in the disciplinary proceedings initiated before the date of entry into

the effectiveness of this law, if in case there had been no prior disciplinary appeal

negotiations and are subject to the conditions laid down for the issue of disciplinary command

Act No. 85/1996 Coll., on the legal profession, in the version effective as from the date of acquisition

the effectiveness of this Act.



3. within the period of one year provided for in § 55 paragraph. 7 of Act No. 85/1996

Coll. in the wording of the legal profession, effective from the date of entry into force of this

the law includes the time which began to run prior to the date

the effectiveness of this Act.



4. The Czech Bar Chamber may decide, pursuant to section 55, paragraph. 8 of Act No.

85/1996 Coll., on the legal profession, as amended effective from the date of entry into force of

This Act, for annulment of the decision, which was not the power of advocacy

suspended, only in the case when this decision was taken after the date of

the entry into force of this law.



Article. (II) Act No. 219/2009 Sb.



Transitional provisions



1. the trainee, who passed the bar exam before the date

the entry into force of this law, and to this day has not been entered in the list of

lawyers, it is deleted from the list of interns on the expiry of

the third calendar month following the month in which this

the law took effect, if at the end of this period, its entry in the list

legal executives continues.



2. The Czech Bar Chamber shall issue the lawyers, established European lawyers

and law koncipientům, who are at the date of effectiveness of this law

enrolled in the list of lawyers or in the list of European lawyers or in the

the list of legal executives, the identification card of a lawyer,

identification card established European lawyer or identification

card of trainee lawyers within two years from the effective date of this

the law; The Chamber can provide prosecutors for the issuance of such

identification card fee of not more than the amount of $ 1,000.



3. Pending the issue of the identification card pursuant to paragraph 2 may

lawyers and established European lawyers to prove permission to provide

legal services and legal executives performance legal practice documents

issued under the existing legislation.



4. In the election of the Board of the disciplinary Commission decides on appeals against

the decision of the Disciplinary Chamber in disciplinary proceedings the Board of appeal, constituted

According to § 35 paragraph. 2 of Act No. 85/1996 Coll., on the legal profession, in the version prior to the

effective date of this Act; This disciplinary Senate also completes the appeal

proceedings against the decision of the Disciplinary Chamber in disciplinary proceedings, initiated by the day

the election of the Board of the disciplinary Commission.



Article. — Act No. 303/2013 Sb.



The transitional provisions of the



The obligation to be insured pursuant to section 24a, 24b or 35t Act No. 85/1996 Coll.,

in the version effective as from the date of entry into force of this Act, the Attorney

limited liability company, limited partnership, established the European

lawyer, partner of the foreign company, which is responsible for its debts

the whole of his property, and the foreign company that has no

unlimited guarantee companions, to meet not later than 1 year from the date of acquisition

the effectiveness of this Act. The obligation to these people to be the conclusion of the insurance

the contract referred to in the first sentence be insured according to the existing legislation

This does not affect.



1 the law of the CZECH NATIONAL COUNCIL) No 358/1992 Coll., on notaries public and their activities (notarial

order).



Act No. 237/1991 Coll., on patent agents, as amended

regulations.



The CZECH NATIONAL COUNCIL Act No. 523/1992 Coll., on the tax consultancy and tax Chamber

advisors of the Czech Republic.



Act No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws.



1A) CNR Law No. 358/1992 Coll., on notaries public and their activities (notarial

order).



Act No. 237/1991 Coll., on patent agents, as amended

regulations.



The CZECH NATIONAL COUNCIL Act No. 523/1992 Coll., on the tax consultancy and tax Chamber

advisors of the Czech Republic.



Act No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws.



1B) of section 46 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (the law on universities), as amended

regulations.



1 c) Law No 111/2009 Coll., on basic registers.



1 d) section 89 of the Act No. 111/1998 Coll.



1E) § 49 and 50 of the Act No. 140/1961 Coll., the criminal code, as amended by

amended.



4A) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended.



4 c), for example, section 35, paragraph. 1 of the criminal code, sections 24 and 25 of the civil

Code of civil procedure, section 35 of the regulations of the administrative, § 29-31 of the law on

The Constitutional Court.



7 c), for example, section 30, paragraph. 2 of the code of civil procedure § 35 paragraph. 7

administrative judicial procedure, criminal procedure code, § 39.



8A) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.



9) Law No CNR. 337/1992 Coll., on administration of taxes and fees, in the text of the

amended.



10) section 167 of the Act No. 140/1961 Coll., the criminal code, as amended

regulations.



10A) Act No. 61/1996, on certain measures against the legalization of

the proceeds from crime and on the amendment and supplement of the related laws, in

as amended.



10A) Law No. 1/1992 Coll. on wages, remuneration for work stand-by and about

average wage, as amended.



10B) Act No. 235/2004 Coll., on value added tax, as amended by

amended.



11) in particular, Act No. 563/1991 Coll., on accounting, as amended,

regulations.



11A) Law No. 300/2008 Coll., on electronic acts and authorized

conversion of documents.



section 35, paragraph 12). 1 of the criminal procedure code.



§ 25 paragraph. 3 of the code of civil procedure.



section 31, paragraph. 1 of law No. 182/1993 Coll., on the Constitutional Court.



13) Government Regulation No. 303/1995 Coll., on the minimum wage, as amended by

amended.



13A) Act No. 36/1967 Coll. on experts and interpreters.



Decree No. 37/1967 Coll., to implement the law on experts and interpreters,

in the wording of later regulations.



14) § 274 (b). I) of the code of civil procedure.



§ 40 paragraph. 1 (a). (g)) of Act No 120/2001 Coll., on judicial executors and

enforcement activities (procedure) and amending other laws, as amended by

amended.



14A) Council Directive 77/249/EEC of 22 July 1993. March 1997 to facilitate the

the effective exercise by lawyers of freedom to provide services.



14B) European Parliament and Council Directive No 98/5/EC of 16 December 2002. February

1998 to facilitate the permanent exercise of the profession of lawyer in a Member

State other than that in which the qualification was obtained.



14 c) § 83a paragraph. 1 and 5 of the labour code.



15) section 1 of the Act No. 500/2004 Coll., the administrative procedure code.



15A) Act No. 500/2004 Coll., the administrative procedure code.



15B) section 62 of the administrative judicial procedure.



16) § 250l to 250s of the judicial code.



16A) section 247 to 250 k code of civil procedure.



17) section 8 of Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the

amended.



for example, section 17A) 13 (3). 1 (a). d) of Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

the provisions of section 70 paragraph. 3 of the commercial code, § 9 (2). 3 of Act No.

77/1997 Coll., on the State of the enterprise, as amended by Act No. 103/2001 Coll., section 50

paragraph. 3 and 4 of Act No. 328/1991 Coll., as amended, section 28

and 29 of Act No. 21/1992 Coll., on banks, as amended.



17B) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended.



19) Act No 455/1991 Coll.