Full text of Act No. 317 / 2009 Coll.
Full text of Act No. 85 / 1996 Coll., on the Advocacy, as resulting from subsequent amendments
Valid
Declared full text
Text versions:
11.09.2009
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 2a
§ 3
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 4
§ 5
§ 5a
§ 5b
§ 5c
§ 5d
§ 5e
§ 5f
§ 5g
§ 6
§ 7
§ 7a
§ 7b
§ 8
§ 8a
§ 8b
§ 9
§ 9a
§ 9b
§ 10
HLAVA DRUHÁ
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 15b
§ 15c
§ 15d
§ 15e
§ 15f
HLAVA TŘETÍ
§ 16
§ 17
§ 17a
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 24b
§ 24c
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
HLAVA ČTVRTÁ
§ 32
§ 33
§ 33a
§ 34
§ 34a
§ 34b
§ 34c
§ 34d
§ 34e
§ 35
§ 35a
§ 35b
§ 35c
§ 35d
§ 35e
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 35f
§ 35g
§ 35h
§ 35i
§ 35j
§ 35k
HLAVA DRUHÁ
§ 35l
§ 35m
§ 35n
§ 35na
HLAVA TŘETÍ
§ 35o
§ 35p
§ 35q
§ 35r
ČÁST ČTVRTÁ
§ 35s
§ 35t
§ 35u
ČÁST PÁTÁ
§ 36
§ 37
§ 38
§ 39
ČÁST ŠESTÁ
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 48
§ 49
ČÁST SEDMÁ
§ 50
§ 51
§ 52
§ 52a
§ 52b
§ 52c
ČÁST OSMÁ
§ 53
§ 54
§ 55
§ 55a
§ 55b
§ 55c
§ 55d
§ 55e
§ 56
§ 56a
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
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317
PRESIDENT OF THE GOVERNMENT
Declares the full text of Act No. 85 / 1996 Coll., on the Advocacy, as is apparent from the amendments made by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., the Constitutional Court found under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 286 / 2004 Coll., Act No. 254 / 2008 Coll., Act No. 314 / 2008 Coll., and Act No. 219 / 2009 Coll.
THE LAW
o Advocate
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
(1) This law regulates the conditions under which legal services may be provided and the provision of legal services by lawyers (hereinafter referred to as "the execution of advocacy ').
(2) The provision of legal services shall be understood as representation in proceedings before courts and other institutions, defence in criminal matters, the granting of legal advice, the drawing up of documents, the processing of legal analyses and other forms of legal assistance, where they are carried out consistently and in return for payment. The provision of legal services shall also mean the activity of a guardian for proceedings provided for under a special legislature1), where it is carried out by a lawyer.
(1) Legal services within the territory of the Czech Republic are entitled to be provided under the conditions laid down in this Act and in the manner stated therein.
(a) lawyers,
(b) natural persons:
1. are nationals of a Member State of the European Union, of a Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation (hereinafter referred to as "the Home State") or are nationals of another State and are permanently established in a home State; and
2. in their home state they have been authorised to provide legal services under the professional title of their home state, which was announced in a communication from the Ministry of Justice, published in the Collection of Laws
("the European lawyer ').
(2) The provisions of paragraph 1 are without prejudice to the authorisation of:
(a) notaries, court executors, patent agents and tax advisers (1a) or, where appropriate, other persons to whom the special law entrusts legal services;
(b) an employee of a legal or natural person, a member of a cooperative or a member of the armed corps, to provide legal services to a person to whom he is in an employment relationship, employment relationship or employment relationship, provided that the provision of legal services is part of his or her obligations arising from that employment relationship or employment relationship or service.
Everyone has the right to free choice of lawyer; This is without prejudice to the provisions of Paragraph 18 (2) and the specific legislation governing the provision of a lawyer by a court.
(1) The lawyer is independent in the provision of legal services; is bound by the laws and within their limits by the client's orders.
(2) Lawyers provide legal services in all matters.
(3) Paragraph 2 is without prejudice to the limitation of the scope of the right of lawyers to provide legal services provided for by this law (§ 5a (2)).
ADVOCATE
SUBJECT MATTER FOR ADVOCATION
The lawyer is one who is listed in the list of lawyers kept by the Czech Bar Association ("the Chamber").
(1) The Chamber shall, upon written request, register everyone's lawyers,
(a) who has full legal capacity;
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,
(c) who has had legal practice as a lawyer for at least three years;
(d) who is righteous,
(e) who have not been ordered to be removed from the list of lawyers or who are viewed as having not been imposed on him;
(f) who has not been removed from the list of lawyers referred to in Article 7b (1) (e) or (f), or if the period of five years has elapsed since the withdrawal, and the insolvency proceedings have been definitively closed at that time (1d);
(g) who is not in an employment or service relationship, with the exception of:
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;
nor carries out any other activity incompatible with the conduct of the lawyer;
(h) who has passed the bar examination;
i) who paid the Chamber a fee, which provides for a state prescription of no more than CZK 10,000, and
(j) who, having fulfilled the conditions set out in points (a) to (i), has made the following promise to the President of the Chamber: "I promise in my honour and conscience that I will respect the law and ethics of the profession of lawyer and protect human rights. I promise to respect the obligation of secrecy and to respect the dignity of the law."
(2) For the period of legal practice of a law associate as referred to in paragraph 1 (a), the following shall apply: (c) leave to be taken into account for the period of this practice. If the legal practitioner does not exercise legal practice on grounds of obstacles to work on his or her part or for reasons of his / her absence, he / she shall be counted against the period of legal practice not exceeding 70 working days in each year.
(1) The Chamber shall, following a written request following the lodging of a promise, enter in the list of lawyers anyone who fulfils the conditions set out in Article 5 (1) (a) and (d) to (g) and (i), and
(a) demonstrate that it is entitled to provide legal services in the manner set out in Paragraph 3 in another State under conditions compatible with that law; and
(b) pass a recognition test (§ 54 (3)).
(2) An attorney who has been entered in the list of lawyers referred to in paragraph 1 is entitled to provide legal services only in the field of the law of the State in which he has been authorised to provide legal services and in the field of international law.
(1) The Chamber shall, following a written request following the lodging of a promise, enter in the list of lawyers of a European lawyer who fulfils the conditions set out in Article 5 (1) (a) and (d) to (g) and (i) and who shall prove that:
(a) provide legal services in the Czech Republic without any significant interruption as established European lawyer (§ 35l (1)) for at least three years;
(b) the legal services referred to in point (a) provided in the field of law of the Czech Republic.
(2) If an applicant for entry in the list of lawyers who do not fulfil the condition referred to in paragraph 1 (b) proves in an interview before a three-member commission appointed by the President of the Chamber that his knowledge of the law of the Czech Republic and of the rules of the state, as well as the experience gained in the course of the existing provision of legal services, is sufficient to perform the advocacy, the Chamber may forgive the fulfilment of this condition in whole or in part.
The Chamber shall, following a written request following a promise, enter in the list of lawyers a national of a home State or a national of another State permanently established in a home State who fulfils the conditions set out in Article 5 (1) (a) and (d) to (g) and (i) and who:
(a) proves that he has fulfilled the conditions of professional education and practice laid down in that State for obtaining authorisation to provide legal services under the professional title referred to in Article 2 (1) (b); and
(b) pass the aptitude test (§ 54 (2)).
(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 of CZK 1,000.
Entry into the list of lawyers shall be recorded by the Chamber in the list of lawyers without delay, no later than the time limit referred to in § 5d (1).
An attorney who has been entered in the list of lawyers under § 5a is entitled to apply for re-entry in the list of lawyers under § 5 (1) or § 5c if he fulfils the conditions for entry in the list of lawyers referred to in those provisions.
The Chamber shall certify that it fulfils the conditions for entry in the list of lawyers referred to in Article 5 (1) (b), (c) and (h).
(1) The judicial examination, the judicial examination, the uniform judicial examination, the uniform judicial and legal examination, the prosecutor's examination, the final examination of the prosecutor, the arbitration test and the notarial examination and the executive examination shall also be considered as a judicial examination; The Chamber may also accept another professional examination in the field of legal practice as a bar exam.
(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.
(3) Another expert examination in the field of legal practice referred to in paragraph 1 may be recognised as a bar examination only in respect of the application for entry on the list of lawyers; any other legal practice referred to in paragraph 2 may be recognised as the legal practice of a barrister only in respect of a request for a trial or an application for entry on a list of lawyers.
(1) Within nine months of receipt of the written request, the Chamber will allow a fee to be paid, which is set by the State Code for a maximum amount of CZK 10 000 (hereinafter referred to as "test fee").
(a) the bar examination (§ 54 (1)) to anyone who proves that he fulfils the conditions set out in § 5 (1) (a) to (d);
(b) an aptitude test (§ 54 (2)) to a national of a home State who proves that he fulfils the conditions set out in § 5 (1) (a) and (d) to (g) and § 5c (a);
(c) the recognition test (§ 54 (3)) to anyone who proves that he fulfils the conditions set out in § 5 (1) (a) and (d) to (g) and § 5a (1) (a).
(2) The Chamber shall inform the tenderer whether it fulfils the conditions for carrying out the examination referred to in paragraph 1 no later than four months after receipt of the application for the examination.
(3) Anyone who has failed to pass one of the tests referred to in paragraph 1 may, within one month of the date of its performance, ask the Comoros in writing to allow it to be repeated. The chamber of the test shall, upon payment of the test fee, allow the re-examination to take place not earlier than six months after the date on which the applicant failed. The test may only be repeated twice.
(4) Any person who has failed to succeed in one of the tests referred to in paragraph 1 within the time limit referred to in paragraph 3 or who has failed in one of the tests referred to in paragraph 1 even in its second repetition may submit a further application for the test to be carried out not earlier than three years after the date of the last test. In addition, those who so request must demonstrate that, in the last three years before the application, they have carried out the legal practice of a barrister for at least two years; otherwise the provisions of paragraph 1 shall apply mutatis mutandis.
(5) Within one month of receipt of a written application for the composition of a promise and entry in the list of lawyers, the Chamber will allow any person who proves that he meets the conditions set out in § 5 (1) (a) to (h) or § 5a to 5c to prove that he meets the conditions set out in § 5 (1) (a) to (h). The Chamber shall enter the applicant on the list of lawyers on or after the date indicated in the application, provided that the period between the filing of the promise and that date does not exceed three months; otherwise, the Chamber shall reject the application, stating that the recognition of another examination or recognition of another practice pursuant to Article 6 or the waiver of the conditions for entry on the list of lawyers referred to in Article 5b (2) shall cease to be valid.
Delete from the list of lawyers
The right to exercise a lawyer shall cease to be withdrawn from the list of lawyers:
(a) if one of the facts referred to in Article 7b is found,
(b) if the Chamber so decides in the cases referred to in paragraphs 8 and 10.
(1) Him,
(a) who has died is removed from the list of lawyers on the date of death;
(b) who has been declared dead is removed from the list of lawyers on the date of the court's decision to declare himself dead,
(c) who has been deprived of legal capacity, or whose legal capacity has been restricted, is removed from the list of lawyers on the date of legal power from the decision of the court which has been deprived of legal capacity or whose legal capacity has been restricted;
(d) to whom a disciplinary measure has been imposed by way of removal from the list of lawyers, he shall be removed from the list of lawyers on the date on which the decision to impose that measure was taken;
(e) against whom bankruptcy has been declared, he shall be removed from the list of lawyers on the date of the decision to declare bankruptcy;
(f) who is a member of a company or a foreign company against which bankruptcy has been declared shall be removed from the list of lawyers on the date of the decision to declare bankruptcy;
(g) who has submitted a written request for removal from the list of lawyers, accompanied by an officially certified signature, shall be removed from the list of lawyers by the end of the calendar month in which the request for removal from the list of lawyers of the Chamber was served; the official verification of the signature shall not be required if the lawyer has served the request for removal from the list of lawyers personally to the President of the Chamber or his authorised staff member of the Chamber and signs the application before him.
(2) The removal from the list of lawyers referred to in paragraph 1 shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after it has become aware of it. The record of the Chamber shall be made known in writing to the person to whom the alert relates if the reasons for the removal referred to in paragraph 1 (d) to (g) are concerned; in other cases, the Chamber shall inform in writing of the record of the person close to it, if known.
(1) From the list of attorneys, the Chamber will remove
(a) who has been entered on the list of lawyers, even if he does not fulfil any of the conditions laid down in that law;
(b) who has been convicted of a criminal offence committed in connection with the execution of a trial;
(c) who has been convicted of a criminal offence other than that referred to in (b), or who has been convicted of the offence referred to in (b), to a penalty other than an unconditional custodial sentence, where such criminal activity endangers confidence in the proper conduct of the trial;
(d) who has been late for more than 6 months with the payment of a contribution to the Chamber's activities or other payments pursuant to Paragraph 30 (1) and who has not paid a contribution or other payment within one month of being called upon by the Chamber to do so by a lesson on the consequences of the non-payment; under the same conditions, the Chamber shall remove from the list of lawyers who are 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 pursuant to Paragraph 30 (1).
(2) The Chamber shall be entitled to decide to withdraw from the list of lawyers referred to in paragraph 1 (a) only within one year from the date on which it became aware of the failure to fulfil the conditions for entry in the list of lawyers; This does not apply if the condition set out in § 5 (1) (a), (b) or (d) or § 5a (1) (a) applies.
(3) The removal from the list of lawyers shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after the decision to withdraw has become enforceable.
Suspension of the execution of the lawyer
The suspension of the execution of the advocacy is taking place,
(a) if one of the facts referred to in § 8b is found,
(b) if the Chamber so decides in the cases referred to in paragraphs 9 and 10.
(1) The lawyer,
(a) against which bankruptcy has been declared shall be suspended the day on which the bankruptcy declaration took effect;
(b) which is a member of a company or a foreign company against which bankruptcy has been declared shall be suspended from the day on which the bankruptcy declaration took effect;
(c) where a disciplinary measure has been imposed on a temporary prohibition on the execution of a lawyer (Article 32 (3) (d)), the enforcement of a lawyer shall be suspended on the date on which the decision to impose that disciplinary measure has become final;
(d) which has been taken into custody shall be suspended from the day on which the decision to take custody became enforceable;
(e) who has taken up the execution of a custodial sentence shall be suspended from the date on which the sentence is enforced. Paragraph 8 (1) (b) and (c) shall be without prejudice to:
(f) which has been penalised by a prohibition of action (1e) consisting of a prohibition on the exercise of the lawyer's duties shall be suspended from the day on which the decision imposing that sentence becomes final. Paragraph 8 (1) (a) and (c) shall be without prejudice to:
(g) which is a lawyer in employment (§ 15a), the performance of the lawyer shall be suspended on the day on which the lawyer who is his employer is suspended or on the day on which the lawyer was suspended from the last of the members of the company or foreign company that is his employer.
(2) The suspension of the execution of the trial referred to in paragraph 1 shall be recorded by the Chamber in the list of lawyers without delay, but not later than one month after it has become aware of it; they shall inform the lawyer in writing of the record of the Chamber.
(1) The Chamber shall suspend the lawyer's execution of the trial,
(a) if he has formed an employment relationship or an employment relationship, with the exception of those referred to in § 5 (1) (g) or an employment relationship pursuant to § 15a, or if he has started to pursue another activity incompatible with the conduct of the lawyer;
(b) if another obstacle to the conduct of advocacy for a longer period of four months is prevented.
(2) The Bar may be suspended by the Bar,
(a) where he has been prosecuted in criminal proceedings, or an application for punishment for an intentional offence, or where criminal prosecution has been brought against him for such an offence, and the facts suggesting that such a crime has been committed threaten the trust of the lawyer in the continued proper conduct of the trial; the execution of the trial may be suspended for these reasons until the date on which the decision terminating the criminal proceedings becomes final,
(b) where the procedure for its legal capacity has been initiated, at the latest until the date on which the decision terminating the procedure becomes final;
(c) where insolvency proceedings have been initiated to deal with the bankruptcy or impending bankruptcy of a lawyer or a company or a foreign company to which he is a member.
(3) The Chamber may, on a proposal from the plaintiff (Sections 46 (3) and 51 (2)), suspend the execution of the lawyer against whom disciplinary action has been initiated if:
(a) the facts suggesting that the lawyer has committed disciplinary action are so serious that the continued execution of the lawyer's trial by the defendant's lawyer endangers confidence in the proper conduct of the lawyer; and
(b) more than one year has elapsed since the opening of the disciplinary proceedings, since the conduct of the disciplinary proceedings has been suspended at least three times at that time for reasons on the part of the accused lawyer's case,
and that shall not exceed the date on which the decision ending the disciplinary proceedings becomes legal.
(4) The suspension of the trial shall be recorded by the Chamber in the list of lawyers without delay, but no later than one month after the decision to suspend the trial has become enforceable.
(1) For the duration of the suspension of the procedure
(a) the lawyer is not entitled to provide legal services;
(b) a lawyer is not entitled to pursue any other activity under Paragraph 56, provided that the condition of his or her exercise is that he or she be authorised to perform the legal proceedings;
(c) the lawyer's membership of the Comoros bodies referred to in Article 41 (1) (b), (d) and (e) shall cease;
(d) a lawyer may not be elected or appointed to the bodies of the Chamber referred to in Article 41 (1) (b), (d) and (e).
(2) Suspension of the performance of the lawyer
(a) the participation of a lawyer in an association pursuant to Article 14 or in a company shall not be omitted; the participation of a lawyer in a foreign company shall not cease unless the legislation of the home State of the foreign company provides otherwise;
(b) without prejudice to the obligation of the lawyer referred to in Article 24a (1),
(c) the obligation of the lawyer to make payments pursuant to Article 30 (1) shall not cease;
(d) shall be without prejudice to the disciplinary liability of the lawyer, including as regards the criminal offence committed at the time of suspension of the trial.
(1) The suspension of the execution of a lawyer
(a) the date on which the circumstances giving rise to the suspension of the execution of the lawyer were omitted and, in the cases referred to in Article 9 (2) (a) or (b) or Article 9 (3), the date on which the execution of the trial was suspended,
(b) the date on which the decision to suspend the execution of the trial was annulled or amended (Paragraph 55 (7)).
(2) The termination of the suspension of the trial will be recorded by the Chamber in the list of lawyers without delay but no later than one month after it has been informed. they shall inform the lawyer in writing of the record of the Chamber.
(1) If an attorney who has been entered on the list of lawyers pursuant to § 5a goes to suspend or terminate the right to provide legal services abroad, the Chamber shall suspend the Bar in accordance with this Act or remove it from the list of lawyers.
(2) The Chamber shall, without delay, inform the competent authority of a foreign State of the suspension of the trial of a lawyer who has been entered in the list of lawyers under § 5a and of the removal of that lawyer from the list of lawyers.
(3) If the lawyer has been suspended from the list of lawyers referred to in Article 5b, or if that lawyer has been removed from the list of lawyers, the Chamber shall inform the home State authority from which it has been authorised to provide legal services under the professional title referred to in Article 2 (1) (b) (hereinafter referred to as the "competent authority of the home State ') without delay to the extent necessary.
(4) The Chamber shall inform, without delay, to the extent necessary, the competent authority of the home State in which a lawyer entered on the list of lawyers pursuant to Article 5 (1) or (57) provides legal services in a position similar to an established European lawyer under this law, of the suspension of the practice of the lawyer and of the removal of that lawyer from the list of lawyers.
METHOD OF ADVOCATION
(1) The lawyer practises the lawyer
(a) separately; or
(b) together with other lawyers, as a participant in an association pursuant to Paragraph 14 (hereinafter referred to as the association) or as a member of the company or as a member of a foreign company; or
(c) in employment under Paragraph 15a.
(2) The Chamber keeps a list of associations, companies and foreign companies. the provisions of specific legislation are not affected by this (2).
(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.
(1) The lawyer must have a registered office in the Czech Republic, which is entered in the list of lawyers.
(2) Where the lawyer is acting alone or in an association, his seat shall be his place of business under the special legislation3).
(3) The registered office of the lawyer who practises the lawyer in a company must be the same as that of that company under special legislature3a).
(4) The registered office of an attorney exercising an employment relationship (Paragraph 15a (1)) with another lawyer or with a company is the registered office of his employer as referred to in paragraph 1 or 3.
Joint performance of the Bar
Association
(1) Where lawyers act jointly and not for the exercise of advocacy in a company or in a foreign company, they shall adjust their relations by means of a written agreement on the association in accordance with special legislation4). The participants of the association may only be lawyers and shall be required to exercise legal counsel under the common name. In order to achieve the agreed purpose of the association, its individual participants are entitled to employ other lawyers under Paragraph 15a; these lawyers are not members of the association.
(2) The property acquired in the joint execution of the Bar becomes the joint ownership of all members of the association, unless otherwise provided for in the contract for the association. If, under the contract, a majority of the participants' votes are to decide to procure common cases, each participant shall have one vote, unless the contract provides otherwise.
(3) Lawyers participating in an association must have a joint seat; If the obligation is infringed, service shall be effected even if a document addressed to one of the parties to the grouping is served on any other party to the grouping.
(4) A lawyer who is a participant in an association cannot, at the same time, be a lawyer on his own, as a member of the company or as a member of a foreign company, in another association or in an employment relationship (§ 15a).
(5) Paragraphs 1 to 4 shall not apply where lawyers have agreed to provide legal services jointly in one or more cases.
Company
(1) Lawyers may engage in advocacy as members of a public commercial company, limited partnership or limited liability company established under special legislation (4a), provided that the business of such a company is solely the exercise of advocacy or the activity of an insolvency administrator under special legislation (4a) and that its members are only lawyers. Only a public commercial company may have the activity of an insolvency administrator registered as an object of business. 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) Lawyers who are members of the company are practitioners on behalf of and on behalf of the company. If the execution of the lawyer on behalf of the company does not allow specific legislation on a case-by-case basis (4c), the lawyers of the lawyer shall exercise the law in their own name and on behalf of the company; The same applies if a lawyer who is a member of the company was designated to provide legal services under this law. As a participant in legal relations established in connection with the provision of legal services by a lawyer in the company, the company shall always act against the client as well as against third parties; These legal relationships are governed by this law (§ 24 (2) and (3)) and by special legislation5.
(5) The manager of a limited liability company may be appointed only from among its members; only a lawyer may be appointed as a curator of the company. Lawyers who are managers or procurers of a company shall be subject to the obligation of confidentiality under Paragraph 21 as regards the facts concerning the provision of legal services by that company.
(6) By deleting the participation of a member in the company from the list of lawyers, it shall cease to be entitled to payment of the settlement interest under the special legislature6).
(7) Only a lawyer may be the heir to a business interest in the company; the right of an heir who is not a lawyer to pay the settlement interest under specific legislation is not affected.
(8) At the same time, a lawyer who carries out a lawyer as a member of a company cannot perform a lawyer on his own, in the association, as a partner of another company or as a member of a foreign company, nor in employment (§ 15a).
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 2a
§ 3
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 4
§ 5
§ 5a
§ 5b
§ 5c
§ 5d
§ 5e
§ 5f
§ 5g
§ 6
§ 7
§ 7a
§ 7b
§ 8
§ 8a
§ 8b
§ 9
§ 9a
§ 9b
§ 10
HLAVA DRUHÁ
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 15b
§ 15c
§ 15d
§ 15e
§ 15f
HLAVA TŘETÍ
§ 16
§ 17
§ 17a
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 24b
§ 24c
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
HLAVA ČTVRTÁ
§ 32
§ 33
§ 33a
§ 34
§ 34a
§ 34b
§ 34c
§ 34d
§ 34e
§ 35
§ 35a
§ 35b
§ 35c
§ 35d
§ 35e
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 35f
§ 35g
§ 35h
§ 35i
§ 35j
§ 35k
HLAVA DRUHÁ
§ 35l
§ 35m
§ 35n
§ 35na
HLAVA TŘETÍ
§ 35o
§ 35p
§ 35q
§ 35r
ČÁST ČTVRTÁ
§ 35s
§ 35t
§ 35u
ČÁST PÁTÁ
§ 36
§ 37
§ 38
§ 39
ČÁST ŠESTÁ
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 48
§ 49
ČÁST SEDMÁ
§ 50
§ 51
§ 52
§ 52a
§ 52b
§ 52c
ČÁST OSMÁ
§ 53
§ 54
§ 55
§ 55a
§ 55b
§ 55c
§ 55d
§ 55e
§ 56
§ 56a
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
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Regulation Information
| Citation | Full text of Act No. 317 / 2009 Coll., Act No. 85 / 1996 Coll., on the Advocacy, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.09.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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