Act of the Czech National Council No. 128 / 1990 Coll.
Act of the Czech National Council on Advocacy
Valid
Effective from 01.07.1990
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
ČÁST TŘETÍ
§ 29
§ 30
§ 31
§ 32
§ 33
ČÁST ČTVRTÁ
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST PÁTÁ
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
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128
THE LAW
Czech National Council
of 25 April 1990
o Advocate
The Czech National Council decided on this law:
ADVOCATION PERFORMANCE
(1) The exercise of advocacy is the provision of legal aid carried out as an independent profession, normally against payment. Legal aid is in particular representation before courts and other institutions, defence in criminal matters, drawing up documents and giving legal advice.
(2) Advocacy can only be carried out under this law.
(3) The provision of legal assistance under other provisions is not affected by this law.
ADVOCATE
Presumption for the execution of a lawyer
The lawyer is one who is listed in the list of lawyers kept by the Czech Bar Association ("the Chamber").
(1) Within two months of receipt of the written application, the Chamber shall enter in the list of lawyers who:
(a) has full legal capacity;
b) obtained a university degree in the law faculty of a university based in the Czech and Slovak Federal Republic,
(c) has had legal practice for at least five years, of which at least three years as a lawyer associate;
(d) is fair,
(e) have passed the bar examination;
(f) having fulfilled the conditions set out in points (a) to (e), the President of the Chamber made the following promise:
"I promise in my conscience and in civil honour that I will maintain the Constitution, other laws and other generally binding laws, faithfully and honestly fulfil my duties as a lawyer and respect the obligation to remain silent about all the facts that I will learn in connection with the conduct of the advocacy."
(2) Within two months of the receipt of the written application and after the lodging of the promise [paragraph 1 (f)], the Chamber will also enter in the list of lawyers professors and lecturees in the field of university law in the Czech Republic.
(3) The Chamber shall not enter in the list of lawyers:
(a) who is in an employment, service, Member State or other equivalent relationship or, where appropriate, perform another paid activity incompatible with the conduct of the lawyer, with the exception of the employment of a university teacher or of a scientific, artistic and publicist activity;
(b) who have been ordered to be removed from the list of lawyers as a punitive measure for the period laid down in the decision imposing the punitive measure.
(1) The Chamber may count the period of other legal practice in part or in whole to the period of the required practice of the barrister; The Chamber may also shorten the periods referred to in Article 3 (1) (c).
(2) The Chamber may recognise a professional judicial examination, a final examination, (1) an arbitration examination or any other similar legal examination as a lawyer's examination.
(1) If the Chamber does not recognise the examinations referred to in § 4 (2) as an examination by a lawyer, any applicant for a lawyer who fulfils the conditions laid down in § 3 (1) (a) to (d) must be admitted to the bar examination; the bar examinations shall take place at least twice a year.
(2) The Chamber will allow the composition of the promise referred to in Article 3 (f) within one month of receipt of the applicant's application for the execution of the lawyer.
(1) He'll cross that guy off the bar.
(a) who died or was declared dead;
(b) who has been deprived of legal capacity or whose legal capacity has been limited;
(c) who has been convicted of a criminal offence in connection with the execution of the trial;
(d) to whom the Chamber has imposed a disciplinary measure to withdraw from the list of lawyers,
(e) who requested the Comoros to be removed from the list of lawyers in writing.
(2) The Chamber may remove from the list of lawyers those who have been convicted of an intentional offence, except for the offence referred to in paragraph 1 (c).
(1) The Chamber will suspend the lawyer's execution of the trial
(a) if he has formed an employment, service, membership or other similar relationship, or has started to engage in another paid activity incompatible with the conduct of the lawyer, with the exception of the employment of a university teacher or a scientific, artistic and publicist activity;
(b) for the duration of the sentence of imprisonment or the duration of the sentence of the prohibition of action, to pursue the bar.
(2) The Bar may be suspended by the Bar if:
(a) if an indictment has been brought against him for an intentional offence pending a final decision;
(b) where proceedings for its legal capacity have been initiated, pending a final decision terminating the procedure.
(3) Suspension of the conduct of the lawyer shall be entered by the Chamber in the list of lawyers. If the reasons referred to in paragraphs 1 and 2 are omitted, the Chamber shall revoke the suspension of the procedure if it does not take action under Paragraph 6.
A lawyer who has not been registered by the Chamber in the list of lawyers or an attorney who has been removed from the list of lawyers by the Chamber, with the exception of the removal provided for in Paragraph 6 (1) (d), or a lawyer who has been suspended by the Bar by the Chamber, shall have the right to seek protection in court.
Method of execution of the lawyer
Advocates may also be held jointly.
(1) The legal relationships resulting from the joint execution of the lawyer shall be governed by a written agreement.
(2) Each lawyer is responsible to the clients individually; However, if there is a joint client and there is no other agreement, the lawyers are jointly and severally accountable to the client.
Advocates and lawyers who jointly perform advocacy may have only one seat.
(1) The lawyer may be represented under his authority by another lawyer.
(2) The lawyer may also be represented in the various acts by an associate or another worker.
(3) If a lawyer is unable to practise a lawyer, he shall appoint an attorney for himself without delay in an agreement with another lawyer; If they do not, they shall designate a representative of the Chamber.
(4) Representation under paragraphs 1 and 2 is not possible against the wishes of the client.
Rights and obligations of lawyers
The lawyer is bound by the Constitution, the laws and other generally binding laws and within their limits by orders represented.
The lawyer is entitled and obliged to protect the rights and legitimate interests of his client. In doing so, he acts honestly and conscientiously, consistently using all legal means and applying everything he considers to be beneficial in his conviction and client's orders.
(1) The lawyer is entitled to conduct the trial throughout the Czech Republic.
(2) The same authorisation is granted to a lawyer registered in the list of lawyers of the Slovak Bar Association.
(1) Everyone has the right to legal aid. The lawyer may refuse to grant legal aid if he has not been designated by the Chamber for the provision of legal aid.
(2) He who has been refused legal aid may ask the Comoros to appoint an attorney for him.
The lawyer shall refuse legal aid if:
(a) it has already provided legal assistance to another, whose interests are contrary to those of the applicant;
(b) the counterparty shall be represented by a lawyer with whom he jointly practises the lawyer;
(c) a lawyer has participated in the hearing.
(1) The lawyer may withdraw from the legal aid contract if he or she is in a breach of trust between him or the client, if the client does not provide the necessary synergies or if the client has not, without serious reason, made a reasonable advance on the remuneration for the provision of legal assistance; a lawyer shall do so whenever he finds further facts as referred to in Paragraph 17.
(2) The lawyer is obliged to take all urgent action for a period of 15 days from the date on which he has notified the client of his withdrawal from the legal aid contract, unless the client has taken other measures.
(1) The lawyer is obliged to remain silent about all the facts which he has learned in connection with the conduct of the lawyer. This obligation may be waived only by the client by a declaration, but even in this case the lawyer is obliged to remain silent if it is in the interests of the client.
(2) The obligation to remain silent shall not apply to cases where there is a legal obligation to prevent the commission of a criminal offence.
(3) The obligation of confidentiality shall also be maintained by those who have been removed from the list of lawyers or who have been suspended from the trial.
(4) The obligation of confidentiality referred to in paragraphs 1 to 3 shall apply mutatis mutandis to the lawyer's and the Chamber's staff.
(1) The lawyer provides legal aid as a general rule for remuneration; has the right to request a reasonable advance from the client.
(2) The amount of remuneration and the manner in which it is determined shall be laid down in the implementing act.
(1) If the lawyer has been appointed, 2) his remuneration shall be borne by the State.
(2) Under the conditions laid down in the specific provisions, citizens who are justified by their property conditions shall have the right to receive legal aid for reduced remuneration or free of charge.
(1) The lawyer is responsible to the client for the damage caused to him in connection with the performance of the lawyer. The lawyer is responsible for the damage caused to the client even if the damage was caused in connection with the performance of the lawyer by his representative or his worker; any liability of such persons under labour law shall not be affected.
(2) The lawyer shall be relieved of the liability referred to in paragraph 1 if he proves that the damage could not have been prevented even if all the efforts that may be required of him were made.
(1) The lawyer is under an obligation to enter into a indemnity insurance contract which could arise in connection with the execution of the lawyer before the execution of the trial; where the lawyer employs workers, he shall also be required to conclude an insurance contract for his liability for damage to workers in the performance of his duties or in direct connection with them, for which the lawyer is responsible under the Labour Code. 5)
(2) The liability insurance which could arise in connection with the execution of the lawyer must continue for as long as the lawyer carries out the lawyer; the liability insurance for damage caused to workers must continue as long as the lawyer employs the workers.
The lawyer shall notify the Chamber of the facts referred to in § 6 (1) (c) and (e), § 6 (2) and § 7 (1) and (2).
Dispute settlement
(1) In the event of a serious or repeated breach of obligations under this Act (hereinafter referred to as "disciplinary action '), one of the following measures may be imposed on the lawyer:
(a) a written warning;
(b) fine up to 10 000 CZK,
(c) removal from the list of lawyers for up to five years.
(2) The amount of fines shall be paid to the Chamber.
The disciplinary procedure shall be carried out by a three-member chairperson.
(1) The disciplinary procedure is initiated on a proposal from the Chairman of the Review Commission.
(2) The application may be lodged within three months of the date on which the Chairman of the Review Committee became aware of the criminal offence, but no later than one year after the date on which the criminal offence occurred.
(3) The lawyer may choose a lawyer from among lawyers in disciplinary proceedings.
(1) An appeal may be lodged by the lawyer or the chairman of the review committee against a decision of the Board of Appeal imposing written notice or fine as a disciplinary measure within 15 days of the date of service of the decision.
(2) The Board of Directors of the Chamber (hereinafter referred to as the Board of Directors) shall decide on the appeal, which shall either confirm or revoke the decision under review. If the Board of Directors withdraws the contested decision, the Board of Appeal shall be bound by the Board's legal opinion.
(3) The decision of the Board of Appeal ordering removal from the list of lawyers as a punitive measure is reachable by the Supreme Court of the Czech Republic under the special rules; (6) the application is entitled only to the lawyer to whom the decision relates.
ADVOCATE CONCIPIENT AND OTHER WORKERS
The lawyer's associate is the one who's listed in the Bar Associates' List led by the Chamber.
The Chamber shall, within two months of receipt of the written application, enter in the list of the lawyers of each applicant who:
(a) has full legal capacity;
b) obtained a university degree in the law faculty of a university based in the Czech and Slovak Federal Republic,
(c) is righteous;
(d) is in employment with a lawyer.
(1) The law practice is carried out by the lawyer's associate; the employment relationship of the lawyer's associate with the lawyer is governed by specific rules. 7)
(2) The Chamber may contribute to the costs of raising a barrister.
(1) The Chamber will remove from the list of legal associates of the barrister who ended his employment with the lawyer; the termination of the contract is the duty of the barrister to notify the Chamber.
(2) Paragraphs 6 to 8 and 24 apply mutatis mutandis to the barrister.
(1) The lawyer may employ other staff in employment.
(2) The labour relations of other workers with a lawyer are governed by specific rules. 7)
ORGANISATION OF ADVICE
(1) A Chamber based in Prague is established.
(2) The Chamber is a self-governing state organization bringing together all lawyers listed in the Chamber's list of lawyers.
(3) The Chamber is a legal person.
The Chamber shall have the following bodies:
(a) a national conference of lawyers,
(b) the Board of Directors,
(c) the review committee,
(d) the disciplinary committee.
(1) The Supreme Body of the Chamber is the National Conference of Advocates, hereinafter referred to as the Conference.
(2) All lawyers registered in the list of lawyers kept by the Chamber shall have the right to attend the conference.
(3) The Conference shall be convened by the Board at least once every three years. The Board shall be required to convene a conference whenever at least a third of the lawyers or of the review committee so request in writing, no later than two months.
(4) The lawyer may entrust another lawyer in writing to represent him at the conference; The represented lawyer shall be considered present at the conference.
(5) The conference can be held in valid resolutions only if an absolute majority of all lawyers are present. The consent of an absolute majority of the lawyers present is needed for the validity of the resolution.
Conference
(a) elect the members of the board of directors, the review committee and the disciplinary commission by direct and secret choice for three years; it shall also withdraw the members of those institutions by secret ballot;
(b) approve the Rules of Procedure, the Rules of Procedure and the Rules of Procedure;
(c) establish a social fund and, where appropriate, other funds and approve the rules governing their development and application;
(d) approve the level of contributions to the activities of the Comoros authorities;
(e) approve the amount of compensation for the loss of time of office in the Chamber's bodies;
(f) discuss and approve a report on the activities of the other bodies of the Chamber;
(g) may revoke or amend the decisions of the Board of Directors;
(h) any other matters which they reserve shall be decided upon.
(1) The Board of Directors shall decide on:
(a) the appointment of a lawyer's representative pursuant to Article 12 (3);
(b) the appointment of a lawyer pursuant to Article 16 (2),
(c) appeals pursuant to Paragraph 28 (1),
(d) all matters under this law, unless otherwise decided by the Chamber.
(2) The Board of Directors further
(a) keep a list of lawyers and a list of lawyers' associates and carry out entries in those lists;
(b) manage the Comoros Social Fund and, where appropriate, other Comoros Funds;
(c) convene a conference;
(d) approve the examination rules for the bar examinations and appoint members of the examination committee from among lawyers and, where appropriate, judges, prosecutors, state arbiters and other legal practitioners;
(e) manages the property of the Chamber;
(f) protect and promote the interests of lawyers in all areas;
(g) regularly inform lawyers of the Chamber's activities; to this end, ensure study, publication, documentation and information activities;
(h) take all measures necessary for the operation of the Chamber;
(i) carry out other activities under this Act, unless they belong to other bodies of the Chamber.
(3) The Board of Directors shall elect and remove from its members the Chairman and Vice-Chair of the Chamber. The President shall represent the Chamber on the outside and act on its behalf in all matters; make urgent decisions between meetings of the Board and manage the staff of the Chamber. The Vice-President shall represent the Chair of the Chamber to the extent specified by the Rules of Procedure.
(4) The Board of Directors shall normally meet once a month; The Board of Directors shall be convened by the Chairman of the Chamber.
Revision Commission
(a) checks the implementation of the resolutions of the Conference and also checks the activities of the Board of Directors; to this end, the review committee must be given access to all documents of the Chamber,
(b) supervise the proper performance of the lawyer;
(c) elect a chairman from among its members who shall direct the work of the Commission; The Chairman of the Review Committee shall also make a proposal to initiate disciplinary proceedings.
The Panel shall elect a chairman from among its members who shall direct the work of the Panel; The chairperson of the panel shall also appoint the chairperson and the remaining members of the chairperson.
The functions in the Chamber's bodies are honorable; their execution shall pay compensation for the loss of time and the reimbursement of final expenses.
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
ČÁST TŘETÍ
§ 29
§ 30
§ 31
§ 32
§ 33
ČÁST ČTVRTÁ
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST PÁTÁ
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
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Regulation Information
| Citation | Act of the Czech National Council No. 128 / 1990 Coll., on advocacy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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