What is Act No. 73 / 2025 Coll.?

Act No. 73 / 2025 Coll., amending Act No. 85 / 1996 Coll., on Advocacy, as amended, and certain other laws — Act amending Act No. 85 / 1996 Coll., on the Advocacy, as amended, and some other laws.

When it became Act No. 73 / 2025 Coll. effectiveness?

Act No. 73 / 2025 Coll. became effective 01.04.2025.

Is Act No. 73 / 2025 Coll. still valid?

Yes, Act No. 73 / 2025 Coll. is still valid and effective.

Act No. 73 / 2025 Coll. - Act amending Act No. 85 / 1996 Coll., on...

73

THE LAW

of 26 February 2025

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:

ČÁST PRVNÍ

Amendment to the Lawyer Act

Čl. I

Act No. 85 / 1996 Coll., as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., Act No. 555 / 2004 Coll., Act No. 205 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 227 / 2006 Coll., Act No. 214 / 2007 Coll., Act No. 254 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 219 / 2009 Coll., Act No. 227c.

1. In Article 2, the following paragraph 3 is added:

"(3) Offering or providing legal services by a person who is not entitled to provide such services pursuant to paragraph 1 or 2 shall be prohibited. The procurement, brokering or offering of a legal service to be provided by a person without authorisation to provide legal services pursuant to paragraph 1 or 2 shall be prohibited. ';

2. The following Section 3a is inserted after Section 3:

„§ 3a

(1) Information constituting the content of the communication between the lawyer, the barrister and other persons referred to in Article 21 (9) (a) with the client in the course of the trial shall be confidential if such confidentiality is in the interests of the client. Similarly, confidential information obtained or generated in the course of or directly related to the conduct of the trial shall be provided provided that it can be ascertained from the content of the communication referred to in the first sentence or of the legal services provided, provided that such confidentiality is in the interests of the client.

(2) The information referred to in paragraph 1 which is located with persons other than a lawyer, a barrister or other persons referred to in Article 21 (9) (a) must be explicitly identified in such a way as to make it clear that it is confidential information protected under this law.

(3) Anyone who receives information pursuant to paragraph 1 may not misuse or disclose it to another person for no legal reason or without the consent of the person to whom legal services have been provided. "

3. In the first sentence of Article 5 (2), the words "for a maximum of four weeks in each calendar year 'are deleted and the sentence" In the event of shorter working time being negotiated, the legal practice of the barrister shall be extended proportionally; for the purposes of counting to the period of legal practice under a special law, the period of legal practice of the law of the barrister shall be reduced proportionally.';

4. In § 5d (4), the words "and § 8 (1) 'shall be inserted after the words" § 7b (1) (d) to (g)'.

5. In Section 7 (1) of the introductory part of the provision, the amount "10 000 CZK 'is replaced by" 15 000 CZK'.

6. in Article 7 (1) (a) to (c), the words "filing of an application" shall be replaced by "holding an examination."

7. in Article 7b (1) (g):

"(g) who has submitted a written request to the Chamber for removal from the list of lawyers, shall be deleted from the expiry of the calendar month in which the application was received or at a later date specified in the application; the signature on the application in paper form must be officially verified. ';

8. In Paragraph 8b (1), the dot at the end of point (g) is replaced by a comma and the following point (h) is added:

"(h) which has submitted a written request to the Chamber for suspension of the execution of the trial shall be suspended from the duration of the calendar month in which the application was received or at a later date specified in the application; the signature on the application in paper form must be officially verified. ';

9. In Paragraph 9 (1), at the end of point (b), the comma is replaced by a dot and point (c) is deleted.

10. in Paragraph 9 (2), the words "or, in the case of a final conviction, until the date on which the decision referred to in Article 44 (3) (a) becomes final, but no later than three months after the date on which the lawyer was final convicted," shall be added at the end of the text of point (a).

11. in § 9b (1) (c), the text "§ 9 (1) (c)" is replaced by "§ 8b (1) (h)."

12. in Article 11 (1) (b), the words "together with other lawyers" shall be deleted;

13. Paragraph 11 (2) is deleted and paragraph 1 is deleted.

14. In Article 12, the following paragraph 5 is added:

"(5) It shall be prohibited to use the term" lawyer, "" law firm "or derived forms of such names, although the legal conditions for the use of such designations are not fulfilled."

15. In Paragraph 13, at the end of paragraph 1, the words "that is not the case if the lawyer has been suspended 'shall be added.

16. in Paragraph 13 (3):

"(3) The registered office of the lawyer who practises the lawyer in the company pursuant to Paragraph 15 shall be that of the company. '

17. in Article 15 (6), the words "or a change in the way in which the lawyer exercises his duties" shall be inserted after the words "lawyers."

18. in Article 15a (3), the words "either separately or jointly with other lawyers" shall be replaced by the words "separately, in the association, as a member of the company or as a member of a foreign company."

19. In Paragraph 17, the sentence "The exercise of political rights is not affected 'is inserted after the first sentence.

20. in Article 19 (1) (b), the words "jointly (Article 11 (1))" shall be replaced by the words "as a member of the association, company or foreign company."

21. in Paragraph 19, the following paragraph 3 is added:

"(3) In the cases referred to in paragraph 1 (a) to (c), the lawyer shall not be obliged to refuse the provision of legal services if all the persons concerned so agree in writing, the lawyer shall inform the persons concerned in advance of all the essential circumstances relating to the case, unless this is to the detriment of the weaker party and does not jeopardise the rights and legitimate interests of the persons concerned or the deterioration of their position. The consent may be withdrawn at any time by the person concerned. An appeal may not be re-granted. ';

22. in Paragraph 21 (4), the words "when providing information and carrying out obligations under § 52h, § 52i and" shall be inserted after the words "the obligation to remain confidential."

23. in Article 24c (2), the part of the sentence behind the semicolon, including the semicolon, shall be deleted;

24. In Article 25a, at the end of paragraph 2, the sentence "The format and particulars of the document in electronic form for which a declaration can be made, the specimen of the certificate of authenticity of the signature of the document in electronic form and the procedure for making the declaration in electronic form shall be laid down by the Ministry of Justice by decree. ';

25. in Article 25a (3) (g), the words "and signature" shall be inserted after the words "lawyers" and the words "his" shall be deleted;

26. In Paragraph 25a, at the end of the text of paragraph 5, the words "that is not the case if it is an electronic document declaration 'are added.

27. In Paragraph 25a, the following paragraphs 6 to 9 are inserted after paragraph 5:

"(6) No declaration shall be made on the document in electronic form,

(a) if the lawyer making the declaration is signed,

(b) if there is a document containing no text,

(c) does not produce a valid document to prove his identity,

(d) if the person concerned is unable to write and the document does not contain his signature;

(e) if a document is written in a language other than the Czech or Slovak language and the person making the declaration does not control the language in which the document is written and is not simultaneously presented in an officially certified translation into the Czech or Slovak language,

(f) if the signature of a person different from the person concerned is sought,

(g) if the document is in a non-text or visual form, or in an electronic form which is not in the format or does not have the formalities laid down in the implementing legislation; or

(h) if the signature is on a completely blank form.

(7) The lawyer shall be entitled to use data from the basic population register of persons kept in it in electronic form when making a document declaration

(a) surname and maiden name;

(b) the name and, where appropriate, the names,

(c) the address of the place of stay,

(d) date, place and district of birth; for a person born abroad, the date, place and state where he was born,

(e) the numbers and types of identification documents and their expiry date; and

(f) the type of data box and the identifier of the data box if the data box is made available.

(8) The use of the data referred to in paragraph 7 shall be without prejudice to the right of the lawyer to use data from the public administration information systems on the basis of the client's consent under specific legislation.

(9) The person concerned shall submit a valid identity document to prove his / her identity.

(a) identity card or travel document, if any, if it is a national of the Czech Republic;

(b) a travel document, a citizen's identity card of a Member State of the European Union or a document permitting residence in the Czech Republic under a special legislation, containing a photograph of the holder, if it is a foreigner; or

(c) an identification card issued by the Ministry of Foreign Affairs under a special legislation, if it is a person enjoying privileges and immunities under international law, if it contains a photograph of the holder. ";

Paragraph 6 shall become paragraph 10.

28. At the end of § 25c, the sentence "The composition of the examination according to a special law is not required."

29. The following Section 25d is inserted after Section 25c, including footnotes 20 to 22:

„§ 25d

(1) If this law requires proof of the identity of the client or of another person, the lawyer may do so even without their physical presence, by means of a video conference with the simultaneous use of electronic identification means.

(2) Only electronic identification devices which fulfil:

(a) the technical specifications, standards and procedures for a high level of guarantee laid down in a directly applicable European Union regulation governing minimum technical specifications, standards and procedures for the levels of guarantee of electronic identifies20) and which is issued and used within a qualified system under the Electronic Identification Act (21); or

(b) the conditions under which an electronic identification device may be used for the purpose of demonstrating identity, which requires specific legislation or enforcement, outside the framework of a qualified system under the law governing the activities of the bank22).

20) Commission Implementing Regulation (EU) 2015 / 1502 of 8 September 2015 laying down minimum technical specifications and procedures for the levels of guarantee of electronic identification devices pursuant to Article 8 (3) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

21) Act No. 250 / 2017 Coll., on Electronic Identification, as amended.

22) § 38ac of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 49 / 2020 Coll. '

30. In Article 26 (1), the words "unless otherwise provided in the mandate of the client," shall be inserted after the word "lawyer."

31. In the first sentence of Article 27 (1), the words "or which is the only member of the company 'shall be inserted after the words" separately'.

32. In the first sentence of Article 27 (4), the words "or which was the only member of the company 'shall be inserted after the words" or which was the sole member of the company' and the words "if appropriate, other appropriate measures' shall be replaced by the words" if necessary '.

33. The following Section 29a is inserted after Paragraph 29:

„§ 29a

(1) The Guarantee Fund of the Chamber is hereby established, from which compensation is paid to persons injured by the criminal activity of a lawyer in connection with the custody of funds.

(2) Reimbursement is granted to the beneficiary up to CZK 2,500,000 for one deposit of funds; if it is the purchase price resulting from the sale of the real estate, which is used for housing according to the register of real estate, a refund of up to CZK 5 000 000 is granted; compensation shall be paid from the Chamber Guarantee Fund once a year. If the funds in the Chamber Guarantee Fund are insufficient at the time of payment to satisfy all claims, they shall be satisfied in proportion; the outstanding part of the claim shall be paid in the next period.

(3) At the time of payment of the compensation from the Chamber's Guarantee Fund, the Chamber becomes the creditor of the lawyer who caused the damage to the extent of the compensation paid. "

34. In Article 30 (1), the words "and the Chamber Guarantee Fund 'are inserted after the words" contributions to the Chamber Social Fund'.

35. in Article 35m (5), "(g)" is replaced by "(h)";

36. in § 35m (7) (d):

"(d) which has submitted a written request to the Chamber for removal from the list of European lawyers, shall be deleted from the expiry of the calendar month in which the application was received or at a later date specified in the application; the signature on the application in paper form must be officially certified, '.

37. Paragraph 37 (1) shall be added at the end of the text in point (e), "; for reasons of particular concern, the Chamber may waive the requirement of a specified weekly working time, provided that the agreed working hours ensure the proper preparation of the barrister for the performance of the bar."

38. In Paragraph 37, the words "points (a) to (d) 'shall be added at the end of paragraph 3.

39. in Paragraph 37 (4) (b):

"(b) who has submitted a written request to the Chamber for removal from the list of legal associates, shall be deleted from the expiry of the calendar month in which the request was received or at a later date specified in the application; the signature on the application in paper form must be officially certified, '.

40. In Paragraph 37, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:

"(e) who has ended up having an employment relationship with a lawyer, established by a European lawyer, a company or a foreign company, is removed from the list of legal associates on the date of termination of the contract."

41. In Article 37 (5), the first sentence shall be replaced by the sentence "To the barrister who submitted a written request to the Chamber to suspend the performance of the legal practice of the barrister, the performance of the legal practice of the barrister shall be suspended at the end of the calendar month in which the request to the Chamber was received or at a later date specified in the application; the signature on the application in paper form must be officially verified. ';

42. In Article 37 (6), the word "provision 'is replaced by" § 7b (1) (a) to (d) and (g)' and "§ 8b (1) (d) to (e) 'is replaced by" § 8b (1) (d), (e), (g) and (h)'.

43. In the second sentence of Paragraph 42 (2), the words "another lawyer 'shall be deleted and at the end of the paragraph the sentence" Under the conditions laid down in the Rules of Procedure, the lawyer may also participate with technical means.'

44. In Paragraph 42 (5), the word "present 'is replaced by" involved'.

45. In the third sentence of Paragraph 42 (5), the part of the sentence after the semicolon, including the semicolon, is deleted.

46. In Paragraph 42, the following paragraph 7 is added:

"(7) The Assembly may adopt resolutions outside the meetings in writing or using technical means under the conditions laid down in the Rules of Procedure. '.

47. In Paragraph 43 (a), the words "direct and secret choice for four years" shall be deleted.

48. In Paragraph 43, the words "and the Comoros test schedule 'shall be added at the end of the text in point (b).

49. in Article 43, the following point (d) is inserted after point (c):

"(d) lay down the rules governing the establishment and use of the Chamber Guarantee Fund;"

Points (d) to (j) shall be renumbered as points (e) to (k).

50. In Paragraph 44 (2), the part of the sentence behind the semicolon, including the semicolon, is deleted.

51. in Article 44 (3) (a), "(a) and (c)" shall be replaced by "(a), (c) and (e)";

52. in Article 44 (4), point (f) is deleted;

Points (g) to (k) shall be renumbered as points (f) to (i).

53.In Article 45 (2) (e), the words "(a), (b), (d) and (e) 'shall be replaced by" (a), (b) and (d)';

54. In Paragraph 45 (3), the words "in the list of associations, companies and foreign companies" shall be deleted.

55. in Paragraph 46 (2):

"(2) The number of members of the Audit Board shall be laid down in the rules of organisation."

56. Paragraph 47 (2) reads:

"(2) The number of members of the disciplinary committee shall be laid down in the rules of organisation."

57. in Paragraph 47a (2):

"(2) The number of members of the Board of Appeal shall be laid down in the rules of organisation.";

58. the following Section 47b is inserted after Section 47a, including the title:

„§ 47b

Test Panel

(1) The Examination Board shall exercise the powers laid down in this Act and in the Law of the Law of Examination.

(2) Only a lawyer, judge or expert in legal theory or practice may be a member of the Examination Board.

(3) The Examination Board shall elect from among its members and remove the Chairman of the Examination Board and, if provided for in the Rules of Procedure, the Vice-Chair of the Examination Board. "

59.

„§ 48

(1) The election period of the Board of Directors, the Board of Supervisors, the Panel of Appeal and the Board of Appeal (hereinafter referred to as the "elected bodies") is four years, but it will not end before the Board elects the new members of those bodies of the Chamber.

(2) The elections of the members and alternates of the Comoros bodies are held on the basis of equal and direct voting rights by secret ballot.

(3) The membership of the lawyer in the elected bodies shall cease

(a) death or declaration of death;

(b) removal from the list of lawyers;

(c) suspension of the execution of a lawyer;

(d) by appeal; or

(e) the date of election to the Chamber's organs.

(4) The functions in the elected bodies are honorary; for their execution, it is only for the reimbursement of final expenses and for the loss of time.

§ 49

(1) The organisation of the Chamber, the decision-making arrangements of its bodies and the status of its members and alternates shall be laid down in the rules of organisation and other rules on the state of the art.

(2) The principles, conditions and organisation of elections to the bodies of the Chamber, as well as the removal of their members, are laid down in the Rules of Procedure. "

60. Paragraph 52 (1) is deleted and paragraph 2 is deleted.

61. At the end of § 52, the sentence "The Minister of Justice, acting on a proposal from the Chamber, shall withdraw a member of the Examination Committee if he no longer fulfils the conditions laid down for being a member of the Examination Committee or for other serious reasons."

62. In § 52c, the text "§ 25a (2)" is inserted after the text "§ 5d (1),"

63. § 52d reads:

„§ 52d

(1) The transfer shall be made by the person who:

(a) in contravention of Paragraph 2 (3), offer the provision of a legal service even if it is not a person entitled to provide it pursuant to Paragraph 2 (1);

(b) in contravention of Paragraph 2 (3), provide the legal service repeatedly and in return for payment, even if it is not a person authorised to provide it pursuant to Article 2 (1);

(c) in contravention of Paragraph 2 (3), it shall itself, or through another in return for payment, provide, or offer, the provision of legal services by a person who is not authorised to provide them pursuant to Article 2 (1); or

(d) in contravention of Article 12 (5), it shall use the term "lawyer," "law firm" or derived forms of such marks, even if it does not meet the legal conditions for the use of such markings, or otherwise give the impression that it is a lawyer or a law firm.

(2) A penalty may be imposed in respect of an offence:

(a) 200 000 CZK if the offence referred to in paragraph 1 (d) is committed;

(b) 500 000 CZK if the offence referred to in paragraph 1 (a) or (c) is committed; or

(c) 3 000 000 CZK if it is an offence referred to in paragraph 1 (b).

(3) An activity ban may be imposed within 1 year for the offence referred to in paragraph 1 (b).

(4) The Ministry of Justice shall discuss the transfers under this Act. '

64. After the ninth part, the following part is inserted:

„ČÁST DESÁTÁ

THE MANAGEMENT OF EXISTING PROPERTY AND MONEY SAFETY

§ 52e

(1) The lawyer is entitled to manage foreign assets, including the taking of funds into custody for the purpose of issuing them to other persons and to perform the function of insolvency trustee under special legislature17).

(2) The provisions of Part Two, Titles 2 and 3 of this Act shall apply mutatis mutandis to the activities of a lawyer referred to in paragraph 1, as well as to other activities of lawyers carried out under the Specific Rules 17a). The lawyer does not have an obligation of confidentiality under Paragraph 21 regarding the facts which he has learned in connection with the performance of the duties of insolvency practitioner; (b) the provisions of the special legislature17( b) on the obligation of confidentiality of the insolvency practitioner are not affected.

§ 52f

Management of foreign property

(1) The management of foreign property shall be carried out by the lawyer under a written contract concluded between him and the client.

(2) The client shall pay the lawyer the costs of managing the assets referred to in paragraph 1.

(3) The property management contract, a copy of the documents submitted by the client, the power of attorney granted to him by the client, or any other documents arising from the management of the property under the preceding paragraphs, shall be kept by the lawyer for a period of 10 years from the end of the administration.

(4) Further obligations of an attorney in the management of foreign property shall be laid down in the State Code.

Legal custody of funds

§ 52g

(1) The lawyer accepts the funds under a written contract in custody to keep them for the Complainant and to hand them over to the Complainant or the creditor. Paragraph 52f (3) shall apply mutatis mutandis.

(2) The funds may only be deposited in a separate legal custody account with a bank or branch of a foreign bank or a savings and credit cooperative (hereinafter referred to as the "money institution ') designated as" legal custody' by the lawyer (hereinafter referred to as "custody account '). If the lawyer is a lawyer in an association, another member of the association may be the holder of the custody account. If the lawyer is a member of the company, the account holder must be that company.

(3) The lawyer accepts the funds into custody only by entering them into the custody account or by transferring them cashless to the custody account.

(4) The lawyer is obliged to keep only one deposit in one custody account. The custody account shall be reused by the lawyer for other clients only after the original custody has been fully settled in accordance with the contract referred to in paragraph 1.

(5) The lawyer must not make a deposit in his own case. A lawyer may not deposit funds other than those which he has accepted under the contract referred to in paragraph 1 on the account of the custodian.

Citation	Act No. 73 / 2025 Coll., amending Act No. 85 / 1996 Coll., on Advocacy, as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	20.03.2025
Effective from	01.04.2025
Effective until	-
Status	Valid

Act No. 73 / 2025 Coll.

Act amending Act No. 85 / 1996 Coll., on the Advocacy, as amended, and some other laws

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