Act No. 114 / 1951 Coll.
Law on advocacy
Valid
Effective from 01.01.1952
114.
Law
of 20 December 1951
about solicitation.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Lawyer duties.
Advocacy provides legal aid to socialist legal persons, other social organisations, public authorities and citizens, defending their interests in accordance with the principle of material truth and with the interests of society, thereby contributing to the consolidation of socialist legality.
The organisation of the advocacy.
Law counseling.
(1) The tasks of the Advocate General are carried out by working groups - legal advisors.
(2) Legal advisory services are legal entities.
The team of legal advisers consists of its managers, lawyers, law associates and other associates.
The Head of Legal Adviser shall represent the external advisory body, manage and organise its activities in such a way as to be as effective and economical as possible, and shall ensure the political and professional growth of all workers. The lead counsel shall be personally responsible for the proper performance of these tasks.
Lawyers provide legal assistance in particular by giving legal advice, drawing up documents and representing parties in proceedings before courts and public authorities.
(1) The remuneration for legal aid operations is payable to legal advisers.
(2) The rates of remuneration for legal aid operations are set by the Minister of Justice by regulation.
A lawyer or other member of the working group who has caused the damage shall be responsible for the damage caused by the provision of legal aid and for the joint and non-discriminatory legal advice.
The legal counsel pays for all its needs on its own income. In part of their income, advice shall contribute to the performance of the tasks of the Centre of Law Councils.
(1) Where the scope of the need for legal aid does not require the establishment of a separate legal advisory body, a branch of a legal advisory body may be established.
(2) The branch shall form a single unit with advisory advice, including in financial and administrative terms.
Headquarters of law firms.
The Institute of Legal Advice is hereby established. He's a legal person. The residence is in Prague.
The Headquarters of Advocates-General (hereinafter referred to as "the Centre ') organises, manages and controls the conduct of advocacy and the activities of the Advocates-General. In particular:
(a) establish legal advice (branches of legal advice) and determine their registered office; ensuring that the deployment of advisory services (branches) is proportionate to the need for legal assistance;
(b) decide on the membership of lawyers in the advisory body (their admission to the advisory body, their inclusion in another advisory body and their revocation);
(c) appoint and dismiss the head of legal advice;
(d) determine the amount of contributions to the tasks of the Centre.
(1) The central authorities are:
(a) plenary meetings of the leading legal advisers and delegates from other members of the group of legal advisers;
(b) the Committee (Regional Committee for Slovakia),
(c) the President and his Vice-Presidents.
(2) Plenary meetings shall be elected by the President, his deputy and the members of the Committee.
Lawyer power.
Lawyers.
(1) Only those who are civil-good can be a lawyer is committed to the popular democratic establishment, and
a) is a Czechoslovak citizen,
(b) has a legal education;
(d) have passed a professional examination; and
(e) is a member of a legal counsel.
(2) The lack of the formalities referred to in paragraph 1 (a) to (d) may be waived in whole or in part by the Minister for Justice.
The lawyer accepted as a member of the legal advisory service shall, before the execution of the lawyer's proceedings, make a promise to the chief counsel:
"I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic, its popular democratic establishment, its President and Government, in providing legal assistance and in fulfilling other obligations I will maintain the laws and regulations of the Czechoslovak Republic, I will always and everywhere apply them in accordance with the will and interests of the people and their state and in full compliance with the spirit of popular democracy and with the great socialist objectives, I will faithfully perform my tasks and maintain the secrecy of the things entrusted to me."
Membership of the lawyer in the legal advisory office shall cease
(a) dissertation;
(b) abrogation of membership by the Institute, where this is required by an important general interest, in particular the planned need for workers;
(c) loss of membership by disciplinary action.
(1) Everyone may choose his lawyer.
(2) A lawyer can refuse to represent or give up power of attorney only for serious reasons.
(1) The lawyer is obliged to remain silent on the matters which have been conferred on him, unless the party to the agreement has released him. He shall not be obliged to testify to these matters in a court or a public authority unless the Minister of Justice, for the important public interest, relieves him of an obligation of secrecy. An attorney may not rely on confidentiality obligations if, pursuant to the provisions of Section 165 (2) of the Rules of Procedure, he is obliged to notify the offence to which he is required to refer.
(2) Other members of the working group also have a similar obligation to remain silent.
(1) The legal situation of lawyers, in particular their remuneration for work, shall be detailed by the Minister for Justice.
(2) The lawyer must not accept any salaries or other property benefits from the parties, whatever their type.
(3) In addition to scientific, artistic and publicity activities, the lawyer must not engage in any paid employment.
Lawyers.
(1) Only those who are civil-righteous, committed to a popular democratic establishment can be a lawyer, is a Czechoslovak citizen and have a legal education.
(2) The requirement of Czechoslovak citizenship and legal education may be waived by the Minister of Justice.
Law firms are employees of a law firm.
The head office may grant the lawyer the right to represent the lawyer in the provision of legal assistance before district courts, regional courts and public administration bodies, in all or only certain matters of law (substitution authorisation).
The rules are pitiful.
Infringement of the duties of the lead counsel and infringement of the duties of the lawyer shall be prosecuted by the courts.
(1) The punishments are:
(a) reprimand,
(b) strict reprimand,
(c) fine up to 20 000 CZK;
(d) loss of membership of a legal advisory body, linked to permanent or temporary incapacity to regain membership.
(2) The fines imposed are enforced by judicial execution and are transferred to the Treasury.
(1) A disciplinary procedure for infringement of the duties of the Head of Legal Adviser and a disciplinary procedure for serious infringement of the duties of a lawyer shall be carried out by the Institute.
(2) Dispute proceedings for minor infringements of the obligations of a lawyer shall be carried out by the head of legal advice; As a reprieve, he can only impose reprimand or strict reprimand.
(3) In disciplinary proceedings, courts and authorities are obliged to contribute the necessary synergies.
(4) An appeal to the Institute may be made against the disciplinary action of the Head of Legal Advisory; the appeal must be lodged with the head of staff within 15 days of the date of receipt of the finding.
Surveillance law.
The Minister of Justice is responsible for overseeing the conduct of the Bar and for the activities of the Bar and for overseeing the activities of the Centre.
The Minister of Justice shall revoke or amend the orders and measures of the Institute if the general interest so requires; may also suspend the enforcement of its order or measure.
Final provisions.
The organisation and competence of the bodies of the Central Office, the term of office of the bodies elected and the disciplinary procedure shall be governed by the rules of organisation to be issued by the Minister for Justice.
(1) The Central Bar Association in Prague and the Regional Bar Association are hereby repealed. Their rights and obligations shall be transferred to the Headquarters; the ownership of the establishment and other assets which are directly used by the lawyer, but which are transferred to legal advice.
(2) The Central Bar Association shall be liquidated by the Centre; the liquidation of the regional associations of lawyers shall be carried out by the existing authorities.
Infringements of the duties of the Head of Legal Adviser or the duties of a lawyer which took place before the date of application of this law and for which disciplinary proceedings have not been terminated by 31 December 1951 shall be prosecuted under this law. The disciplinary proceedings already started will cease and the matter will be referred to the Bureau.
Private performance of the lawyer is excluded; no one is entitled to provide legal aid to an employed person.
The Minister of Justice may issue more detailed provisions for the implementation of this Act; In particular, it may lay down the principles for determining the amount of the contributions of lawyers to the tasks of the Centre.
All provisions contrary to the provisions of this law, in particular the Law of the Law of 322 / 1948 Coll. and the Order of the Minister of Justice No. 74 / 1949 Coll., implementing certain provisions of the Law of the Law of the Czech Republic, are hereby repealed.
Organisational measures taken prior to the application of this Act to implement it in a timely manner by the Central Association of Lawyers in Prague or by regional associations of lawyers, in particular decisions on the membership of lawyers, shall remain unaffected and shall be considered as measures taken by the competent authorities under this Act.
This Law shall take effect on 1 January 1952; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 114 / 1951 Coll., on Advocate General |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1951 |
|---|---|
| Effective from | 01.01.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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