Act No. 219 / 2009 Coll.
Act amending Act No. 85 / 1996 Coll., on the Advocacy, as amended, and some other laws
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Law
Effective from 01.09.2009
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01.09.2009
20.07.2009
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219
THE LAW
of 17 June 2009
amending Act No. 85 / 1996 Coll., on the Advocacy, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Lawyer Act
Act No. 85 / 1996 Coll., on Advocacy, as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., the finding of the Constitutional Court, published under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 555 / 2004 Coll., Act No. 205 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 312 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 254 / 2008 Coll., Act No. 314 / 2008 Coll., is amended as follows:
1. in Paragraph 2 (1) (b) (1):
"1. are nationals of a Member State of the European Union, a Contracting State of the Agreement on the European Economic Area or the Swiss Confederation (hereinafter referred to as" the Home State "), or nationals of another State and are permanently established in one of the home States; and ';
2. The following Section 2a is inserted after Section 2:
Everyone has the right to free choice of lawyer; This shall be without prejudice to the provisions of Paragraph 18 (2) and the specific legislation governing the provision of a lawyer by a court. ';
3. in Article 5 (1) (b), including footnotes 1b and 1c:
"(b) who obtained a university degree in law
1. in the Master's study programme by studying at a university in the Czech Republic 1b), or
2. study at a university abroad, where such education is recognised as equivalent in the Czech Republic as referred to in point 1 on the basis of an international agreement which the Czech Republic is bound by, or where such education has been recognised under special legislation 1c), and at the same time corresponds to the content and scope of the general education which can be obtained in the Master's study programme in the field of law at a university in the Czech Republic,
1b) § 46 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended.
1c) § 89 of Act No. 111 / 1998 Coll. '.
footnote 1c shall be renumbered footnote 1d, including the footnote reference.
4. In Article 5 (1), the words "and the insolvency proceedings have been definitively closed at that time (1d) shall be added at the end of the text in point (f)."
Footnote 1d:
"1d) § 309 (4) of Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law)."
footnote 1d shall be renumbered footnote 1e, including the footnote reference.
5. in Article 5 (1) (g):
"(g) who is not in employment or service, except in employment
1. to the Chamber or to a similar professional organisation of lawyers in one of the home states,
2. to a lawyer, to a legal person pursuant to Article 15 (1) (hereinafter referred to as "the company") or to a foreign legal person authorised to provide legal services under Article 35 (1) (hereinafter referred to as "a foreign company"),
3. whose purpose is to carry out scientific, educational, literary, publicity or artistic activities;
does not carry out any other activity incompatible with the conduct of the lawyer; ';
6. in Paragraph 5 (1) (h):
"(h) who passed the bar exam,"
7. in Article 5 (1), the following point (i) is inserted after point (h):
"(i) who paid the Chamber a fee, which provides for a state prescription of no more than CZK 10,000, a."
Point (i) shall be renumbered as point (j).
8. In Article 5 (1) (j), the words "referred to in points (a) to (h) 'are replaced by the words" referred to in points (a) to (i)';
9. in § 5a (1), in § 5b (1) and in § 5c, "in § 5 (1) (a) and (d) to (g)" is replaced by "in § 5 (1) (a) and (d) to (g) and (i)."
10. In Section 5c, the words "or nationals of another State permanently established in one of the home States' shall be inserted after the words" nationals of one of the home States'.
11. § 5d reads:
(1) The Chamber shall issue to the lawyer, no later than one week after entry on the list of lawyers, a certificate of entry on the list of lawyers and an identification card of the lawyer. The appearance, particulars, function and manner of use of the lawyer's identification card shall be laid down in the implementing legislation. In the certificate and in the lawyer's licence, the Chamber shall indicate a limitation on the scope of the provision of legal services pursuant to § 5a (2).
(2) By means of the certificate or identification card referred to in paragraph 1, the lawyer shall demonstrate the right to provide legal services.
(3) The first identification card shall be issued free of charge by the Chamber to the lawyer; for the issue of a new identification card, the Chamber may set a fee for the issue of a new identification card, up to a maximum amount of CZK 1,000. "
12. In § 5e, the words "within one week of the issue of the certificate referred to in § 5d 'are replaced by the words" within the period referred to in § 5d (1)'.
13. in Paragraph 6 (2):
"(2) The practice of a judge, a prosecutor, a prosecutor, a state arbitrator, a notary, a notary, a notary, a candidate of justice, a legal candidate, an arbitrator, an arbitrator, a court of law, an assistant judge of the Constitutional Court, a notary candidate and a notary clerk, an executive, an executive candidate and an executor, an employee of the Ministry of Justice, a judge of the Constitutional Court, an assistant judge of the Constitutional Court or of the Supreme Administrative Court, an assistant of the Ombudsman, an assistant of the Court of Justice and an assistant of the Civil Service, an employee of a higher education in the law required under Paragraph 37 (1), and who is self-involved in the design of proposals of general binding laws; The Chamber may recognise as the legal practice of a law associate and other legal practice. '
14. in Article 7b (1) (f), the words "legal persons set up for the exercise of advocacy (Article 15)" shall be replaced by "companies or foreign companies."
15. in Article 8 (1), the words "shall be added at the end of the text of point (d); under the same conditions, the Chamber shall remove from the list of lawyers who is the statutory body of the company or of a foreign company or the head of the organisational body of a foreign company if the company or foreign company is obliged to pay under Article 30 (1)."
16. in Article 8b (1) (b) and (g), the words "legal persons set up for the purpose of the trial (Article 15)" shall be replaced by "companies or foreign companies."
17. in Article 9 (1) (a), the words "employment or employment relationship" shall be replaced by "employment relationship";
18. in Article 9 (2) (c), the words "legal persons set up for the exercise of a lawyer (Article 15)" shall be replaced by "companies or foreign companies."
19. in Article 9a (2) (a), the words "in a legal person set up for the exercise of a lawyer (Article 15)" shall be replaced by "in a company; the participation of an attorney in a foreign company shall not cease unless the legislation of the home State in which the foreign company has its registered office provides otherwise ';
20. the words "paragraph 1" shall be added at the end of Paragraph 9a (2).
21. in Article 11 (1) (b), the words "a trading company under Article 15 (hereinafter referred to as") or "shall be replaced by the words" a company or as a member of a foreign company, or ";
22. Paragraph 11 (2), including footnote 2, reads:
"(2) The Chamber shall keep a list of associations, companies and foreign companies; the provisions of specific legislation are not affected by this (2).
2) § 27 of the Commercial Code. '.
23.
(1) In the course of the trial, the lawyer shall use the term "lawyer."
(2) It must be clear from the common name of the association or company of the company that it is an association or company whose business is the conduct of the lawyer.
(3) The details of the use of the designation referred to in paragraph 1 and the common name of the association and of the company's trading company referred to in paragraph 2 shall be laid down in a status code; under the conditions laid down in the State Code, a lawyer, association or company shall be entitled to use the supplements relating to the legal services provided.
(4) The lawyer, providing legal services on behalf of a foreign company pursuant to § 35s, uses the commercial firm or name of that foreign company or its organisational component according to the registration in the Commercial Register. "
24. In Paragraph 14 (1), the words "or in a foreign company 'shall be inserted after the words" the exercise of advocacy in a company'.
25. in Paragraph 14, paragraph 3 is deleted;
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
26. In Paragraph 14 (4), the words "or as a member of a foreign company 'shall be inserted after the words" as a member of the company'.
27. in Paragraph 14 (5), "5" is replaced by "4."
28. Paragraph 15 (1) to (3), including footnotes 4a and 4b, reads as follows:
"(1) Advocates may engage in advocacy as members of a public company, limited liability limited company or limited liability company under the Commercial Code, provided that the business of such a company is limited to the performance of the Advocate and that its associates are only lawyers; the business of a public commercial company may also be the subject of the performance of the activities of the insolvency practitioner under the special legislature4a).
(2) Unless otherwise provided for in this law, the provisions of the Commercial Code shall apply to the company.
(3) The lawyer is entitled to practise in the company only after he has registered as a member of the company in the company's business register and after having registered the full repayment of his capital in the company's business register (4b). the right of the lawyer to conduct the legal proceedings separately, in association or in another company until then.
4 (a) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
4b) § 36 (b) and (c) of the Commercial Code. '
footnotes 4c to 4e are deleted and footnote 4f is renumbered footnote 4c, including the footnote reference.
29. in Article 15 (8), the words "or as a member of a foreign company" shall be inserted after the words "as a member of another company."
30. Paragraph 15 (10), including footnote 7, is deleted.
31. in Article 15a (1), the words "or to a foreign company" shall be inserted after the words "or to a company."
32. in Article 15a (2), the words "special legislation 7a)" shall be replaced by the words "labour law."
footnote 7a is deleted.
33.In Article 15a (3), the words "or one foreign company" shall be inserted after the words "or one company."
Article 34.15c reads:
The damage caused by an employed lawyer to the employer in the provision of legal services under § 15a and 15b, or in direct connection with it, is a damage caused in the performance of his duties; an employed lawyer is responsible for this damage to the employer under the Labour Code. ';
footnote 7b is deleted.
35. The following Sections 15d to 15f are inserted after Section 15c, including the title above Section 15e:
(1) In the event that a lawyer who has previously been a lawyer himself becomes an employed lawyer, he shall transfer his rights and obligations to his employer in relation to clients, unless the lawyer and the client agree otherwise or otherwise by the date of employment. The lawyer shall inform his clients that he will become an employed lawyer within 3 days of the date of conclusion of the contract of employment, but not later than 15 days before the date of employment.
(2) The transfer of rights and obligations referred to in paragraph 1 shall not involve the obligation of an employed lawyer to make good the damage referred to in Article 24 (1), as well as the obligation to return cases, including the funds provided by the client. Employers shall also not be subject to other obligations and rights arising from the initial contractual relationship between a lawyer and a client if, as a result of their transfer to that lawyer, the employer would be unreasonably favoured or disadvantaged or if the performance of those obligations could not be reasonably demanded of the employer.
Permanent cooperation between lawyers
(1) A lawyer, acting alone, may provide legal services for another lawyer acting alone, for a company or for a foreign company on the basis of a contract concluded by another lawyer, company or foreign company for the continuous provision of legal services (hereinafter referred to as a "permanent cooperation contract"). The permanent cooperation agreement shall be in writing and shall not restrict the independence of the lawyer in the provision of legal services under Articles 3 (1) and 16.
(2) A lawyer acting alone may provide legal services on a permanent basis to lawyers in the association, provided that he concludes a contract of permanent cooperation with at least one of the members of the association and that the other members of the association give their written consent.
(3) Paragraph 19 is without prejudice to the provisions of paragraphs 1 and 2.
(4) An attorney providing legal services under a permanent cooperation agreement ("the cooperating lawyer") may only cooperate with one lawyer or one company or one foreign company or association; Paragraph 14 (5) is without prejudice to this.
(1) The permanent cooperation contract shall contain:
(a) the definition of the subject matter and scope of the legal services provided by the cooperating lawyer;
(b) the definition of mutual relations and coordination in the provision of legal services by a cooperating lawyer;
(c) defining the method of material technical security for the provision of legal services by a cooperating lawyer, such as, where appropriate, renting an office to a cooperating lawyer, its equipment or the joint use of administrative technical means;
(d) an arrangement as to whether the cooperating lawyer will provide legal services under a permanent cooperation contract on his behalf or on behalf of the lawyer, company, foreign company or association with which he cooperates, or under what conditions the name of the lawyer, company, foreign company or association will be used in the provision of legal services under the permanent cooperation agreement;
(e) the method of accounting for legal services provided by the cooperating lawyer under a permanent cooperation contract.
(2) If a cooperating lawyer provides legal services under a permanent cooperation agreement, he shall notify the client in advance.
(3) Under a permanent cooperation agreement, legal services may not be provided in cases where a cooperating lawyer has been designated to provide legal services under this law or under specific legislation; Paragraph 16 (1) shall be without prejudice to this. ';
36. The following Section 17a is inserted after Section 17:
(1) In criminal proceedings before a court, in proceedings before the Supreme Court, the Supreme Administrative Court and the Constitutional Court, a lawyer is required to use the state attire of a lawyer.
(2) The Chamber of Statesmanship provides for the appearance of the lawyer's status clothing. "
37.
(1) The lawyer is obliged to terminate the contract for the provision of legal services, or to request the withdrawal of the provision or to ask the Comoros to appoint another lawyer if he subsequently finds out the facts referred to in § 19.
(2) The lawyer is entitled to terminate the contract for the provision of legal services or, where appropriate, to request the withdrawal of the provision or to ask the Comoros to appoint another lawyer, if the necessary trust between him and the client is not compromised or if the client does not provide the necessary synergies. The lawyer is also entitled to do so if, in spite of the advice given by the lawyer, the client is entitled to insist that his orders are contrary to the law or the state regulations, he insists that the lawyer nevertheless follow these instructions.
(3) The lawyer is entitled to terminate the contract for the provision of legal services if the client has not made a reasonable advance on the remuneration for the provision of legal services, although the lawyer has been asked to do so.
(4) The client is entitled to terminate the legal service contract at any time, even without giving a reason.
(5) The period of notice may be negotiated only in the event of termination of the legal service contract by a lawyer under the first sentence of paragraph 2 or by a client; However, the period of notice may not exceed three months.
(6) If the lawyer does not agree with the client otherwise, or if the client does not take any other action, the lawyer shall, for 15 days from the date on which the contract for the provision of legal services has been terminated on the basis of the notice referred to in paragraphs 1 to 5 or for any other reason, take any urgent action so that the client does not suffer any damage to his rights or legitimate interests. This shall not apply if the client informs the lawyer that he does not insist on fulfilling this obligation. ';
38. in Article 21 (9) (a), the words "or of a company" shall be inserted after the words "or of a foreign company" and the words "or of a foreign company" shall be inserted after the words "or of a foreign company."
39. in § 23a, the words "or company (§ 15)" shall be replaced by "company or foreign company" and the words "or company" shall be replaced by "company or foreign company."
40. In the first sentence of Article 24 (1), the words "; for damage caused by an employed lawyer, the employer of the lawyer shall be liable to the client, even in the case referred to in Article 15b '.
41.Paragraph 24 (2) reads as follows:
"(2) Where a lawyer is a lawyer in a company or in a foreign company, that company or a foreign company shall be liable to the client for the damage referred to in paragraph 1. ';
42. In Article 24, the following paragraph 3 is inserted after paragraph 2:
"(3) The employer of the lawyer shall be liable for any damage caused in connection with the performance of the lawyer employed, even in the case referred to in Article 15b. '
Paragraph 3 shall become paragraph 4.
43. In Paragraph 24 (4), the words "or a foreign company 'and the words" and 2' are replaced by the words "to 3 ';
44. § 24a, including footnotes 10c and 10d:
(1) A lawyer who carries out a lawyer's activity on his own or in an association must be insured in the event of liability for damage for which he is liable to the client under Paragraph 24 (1) and in the event of an obligation to make good the damage to which the lawyer practising the lawyer's activity in the association is required under the special legislation on grounds of solidarity (10c). A lawyer who carries out an attorney-at-law in a public company or as an associate of a limited company must be insured, under the insurance of the company or separately, in the event of an indemnity obligation for which the company is liable pursuant to Paragraph 24 (2), and the lawyer is required under special legislation to comply with it because of the liability of his company (10d).
(2) The minimum level of insurance benefits from the insurance of lawyers referred to in paragraph 1 is laid down in the Chamber of Directors' Regulations.
10c) § 835 (2) of the Civil Code.
10d) Articles 86 and 87 and 93 (1) of the Commercial Code. '
45. The following Sections 24b and 24c are inserted after Section 24a, including footnotes 10e to 10g:
(1) A limited liability company and a limited partnership must be insured from the date of its establishment until the date of cancellation in the event of liability for damage for which they are liable to the client under Paragraph 24 (2) (hereinafter referred to as "company insurance"); the company's insurance is a prerequisite for its registration in the business register 10e).
(2) The minimum level of insurance benefits from the company's insurance must be at least CZK 50 000 000 for each member of the limited liability company who has not been suspended by the law firm, or at least CZK 10 000 000 for each commuter of the limited liability company who has not been suspended by the law firm.
(3) If there is an increase in the number of members in a limited liability company or in a limited partnership commuter company, or in the suspension of the activities of a limited partnership or commuter of a limited liability company, the insurance claims of the company must be increased in such a way as to correspond to the minimum limit of the insurance premiums of the company referred to in paragraph 2, from the date on which such change took place.
(4) The same or an officially certified copy of the company's insurance contract or, where applicable, the document issued by the insurance undertaking or by another relevant person, attaching the company's insurance document (hereinafter referred to as "the company's insurance document ') shall be attached to the application for registration of the company or any new member of the company in the company's business register and shall be deposited in a collection of documents in the commercial register, including copies or officially certified copies of amendments to the company's insurance document (10f).
(5) The company shall submit to the Chamber a copy or an officially certified copy of the company's insurance document
(a) by the end of the calendar year preceding the calendar year covered by the company's insurance;
(b) within one week of the date of the change referred to in paragraph 3; or
(c) within one week of the date on which the Chamber so requests.
(6) If the company fails to comply with the obligation under paragraph 5 or if the Chamber finds that the company is not insured under paragraphs 1 to 3, the Chamber shall, without delay, submit to the court, in accordance with specific legislation, an application for the company to be wound up and liquidated 4c).
(1) The Chamber negotiates for lawyers, practitioners or members of the association, liability insurance for which the client is liable under Paragraph 24 (1); this insurance is an insurance against foreign insurance risks under the special legislation 10g) (hereinafter referred to as "public insurance of lawyers"). The insurance contract for the insurance of lawyers will be published by the Chamber in the Bulletin. The lawyer shall be obliged to pay to the Bar Insurance Board by the end of the calendar year preceding the calendar year to which the lawyer's mass insurance applies.
(2) If the lawyer does not wish to be a mass insurance lawyer, he shall submit a copy or an officially certified copy of the insurance contract to the Chamber by the end of the period referred to in paragraph 1 at the latest, or, where appropriate, a document issued by the insurance undertaking or by another competent person proving that he is insured separately for the calendar year in question; However, the minimum level of insurance benefits from the insurance thus agreed may never be lower than that which would have been the case for the mass insurance of lawyers.
10e) § 68 (6) (c) of the Commercial Code.
10f) § 38i (1) (p) of the Commercial Code.
10g) § 10 of Act No. 37 / 2004 Coll., on the Insurance Contract and on the Amendment of Related Acts (Insurance Contract Act). '
46. in § 25a (2) (f):
"(f) the name and surname of the lawyer, his registration number and signature of the lawyer, and, in the case referred to in paragraph 5, the name and surname of the lawyer, his registration number of the lawyer, the name and surname of the associate lawyer and his registration number of the lawyer's list and his signature with the addition" on behalf. "'
47. in Paragraph 25a, in paragraph 4, the word "him" shall be deleted.
48. in Paragraph 25a (5):
"(5) The lawyer may be represented in making a declaration of authenticity pursuant to Article 26 by an associate lawyer who has been practising the legal practice of an associate lawyer for at least two years; the provisions of paragraph 3 shall apply mutatis mutandis to the barrister. ';
49. In Paragraph 25a, paragraph 6 is added:
"(6) Details of the obligations of the lawyer and the barrister referred to in the preceding paragraphs shall be laid down in the rules of procedure."
50. The following Section 25c is inserted after Section 25b, including footnote 11a:
In the context of the provision of legal services, a lawyer may carry out an authorised conversion of documents in accordance with the procedure laid down in special legislation11a).
11a) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents. '.
51. In Paragraph 27, at the end of paragraph 2, the sentence "Paragraphs 19 and 20 shall apply mutatis mutandis to representatives of the lawyer designated by the Chamber in accordance with paragraph 1 of the second sentence."
52nd Paragraph 27 (4) reads as follows:
"(4) Where a lawyer who has been acting alone has been removed from the list of lawyers, the Chamber shall designate another lawyer as its successor or, where appropriate, take other appropriate measures to protect the rights and the rights of the protected interests of clients removed by the lawyer; the designated successor shall immediately inform those clients in writing of the measures taken. If necessary, the Chamber may appoint several lawyers to replace the lawyer removed. The provisions of paragraphs 2 and 3 governing the transfer of rights and obligations between the represented lawyer and his representative shall apply mutatis mutandis to the transfer of rights and obligations between the lawyer removed from the list of lawyers and his successor. ';
53. In Article 31, the words "or a foreign company 'are inserted after the words" or a company'.
54. Paragraph 35 (2) reads:
"(2) The Board of Appeal shall decide on the appeal by three members of the Board of Appeal. '.
55. in Paragraph 35h (3):
"(3) A visiting European lawyer shall not be entitled to draw up real estate transfer contracts, lien contracts, and real estate transfer or lease contracts, in so far as they relate to real estate; the visiting European lawyer is not entitled to make a declaration of authenticity (§ 25a). ';
56. in § 35i (2) and (3), "§ 24 (1) and (2)" is replaced by "§ 24 (1) to (3)";
57. in § 35m (1) (b):
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Regulation Information
| Citation | Act No. 219 / 2009 Coll., amending Act No. 85 / 1996 Coll., on Advocacy, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.2009 |
|---|---|
| Effective from | 01.09.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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