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.