According to the Advocacy Act, an advocate is obliged to protect the rights of the client, maintain strict confidentiality, act honestly and conscientiously, avoid conflicts of interest and comply with the Code of Ethics of the Czech Bar Association. He/she must be registered in the list of lawyers, insured against damages and subject to disciplinary control by the CBA. If he violates his obligations, he may be fined, banned from practising law or struck off the list of advocates.
The basic regulation governing the practice of advocacy in the Czech Republic is the Advocacy Act. It sets out who can provide legal services, under what conditions and what obligations an advocate has.
According to the Act, only:
However, the law also provides for other exceptions – legal services may also be provided to a certain extent by certain professions under special laws (for example, notaries, bailiffs, patent attorneys or tax advisors) and by employees who provide legal services to their employer as part of their employment duties. On the contrary, the law prohibits offering or arranging legal services “on a freelance basis” without authorisation.
This is essential information for the client. A listing in the list of lawyers is not a formality – it is a guarantee that the person:
If you are not sure whether your lawyer is really a lawyer, we recommend using the public search for lawyers on the website of the Czech Bar Association (CBA list of lawyers).
The Czech Bar Association (CBA) is a self-governing professional organization that brings together all attorneys in the Czech Republic. It is not possible to practise law without being registered in the list of attorneys maintained by the CBA.
The Czech Bar Association performs several essential functions:
It allows the public to consult the list of advocates, where they can find out the name of the advocate, the registration number, the seat of the law firm and information on any suspension from the practice of law.
There is also a list of trainee lawyers.
Do you know how to proceed? Not sure if you are right? Are you dealing with a contract, dispute, termination, inheritance or a problem with the authorities? A legal consultation with an attorney will bring you clear answers and concrete solutions in a short time. The consultation takes place online or by phone, so you can handle it from anywhere.
The most important duties of an attorney are regulated by the Advocacy Act and the Code of Ethics for Attorneys (the CBA Code of Ethics). These duties are the basic pillar of trust between client and attorney.
A lawyer is obliged to maintain confidentiality of all facts of which he/she has become aware in the course of providing legal services.
Confidentiality:
Without this duty, clients would not be able to openly disclose sensitive information to the lawyer.
A lawyer must:
At the same time, however, he is not obliged (and is not entitled) to comply with an instruction that is contrary to the law or the regulations of the profession. In such a case, he must instruct the client.
A lawyer must refuse representation if:
Conflict of interest is one of the most common grounds for disciplinary proceedings.
The Code of Ethics for Lawyers states that a lawyer must act in such a way as not to detract from the dignity of the legal profession.
This includes, for example:
Check that the lawyer is acting in accordance with the Code:
If you are not sure whether your lawyer is doing the right thing, you can have the situation independently assessed.
Are you unhappy with your attorney’s performance? Contact us and we will thoroughly investigate your situation.
A lawyer has obligations not only to clients, but also to the Czech Bar Association.
For example:
Every lawyer must also be insured in case he/she causes damage to a client. If, for example, the lawyer’s error causes a claim to be barred, the client can claim damages from the insurance.
This is a crucial difference from various “legal advisers” who are not solicitors.
Under the Advocacy Act, an advocate may practise in several ways. He or she may act independently as an individual, may be part of an association of lawyers, may practise as a partner in a commercial company (typically a limited liability company) or may work as an employed lawyer in the law office of another lawyer or company.
The chosen form of practising law is particularly important from the point of view of liability. If the lawyer provides legal services through a company, the company usually acts towards the client and is also liable for any damage caused during the provision of legal services. In the case of an employed lawyer, the employer is liable to the client.
It is important to know that the designation “attorney” or “law firm” may only be used by a person who meets the statutory conditions and is registered in the list of attorneys maintained by the Czech Bar Association. Unauthorised use of these designations is prohibited by law and may be sanctioned.
A trainee lawyer is a lawyer who prepares for the practice of law and gradually gains practical experience under the guidance of an experienced lawyer. To become a trainee lawyer, a person must have completed a master’s degree in law and be registered in the list of trainee lawyers maintained by the Czech Bar Association.
He or she then completes a mandatory three-year legal practice under the supervision of an attorney, during which he or she participates in the provision of legal services and prepares to take the bar exam.
After completing the traineeship, the trainee may take the bar examinations organised by the Czech Bar Association. Only after successful completion of these examinations and after taking the oath prescribed by law is the trainee registered in the list of advocates and becomes a full-fledged advocate.
A trainee lawyer may represent a client in certain cases, but always under the supervision of a lawyer who is responsible for his/her work.
Tip: When you say notary, most people think of an inheritance, a will or a stamp on a signature. But the reality is broader than that: a notary is a lawyer with public authority.Typically, he or she will provide you with form and impartiality, while an attorney will give you strategy, protect your interests and watch out for risks. Read about other differences between the two professions.
Advocacy is generally practised on a fee basis. The amount and method of determining it may vary according to the agreement between the client and the lawyer. The most common is a contractual fee, which the parties negotiate individually – it may be an hourly rate, a lump sum or a share of the success of the case.
If they do not expressly agree on the amount of the fee, the so-called non-contractual fee is used, the calculation of which is set out in the decree. The lawyer is also entitled to request a reasonable advance for his services.
Those interested in studying law are often also interested in the average salary of a lawyer. In reality, however, a lawyer’s income is very individual. It depends mainly on his specialisation, the region in which he operates, the size of the law firm and the length of his practice. The situation is different for a smaller regional law firm and another for a large international firm focused on corporate law. The differences in income can therefore be significant.
From the client’s perspective, however, something else is most important: The level of remuneration must be transparent, understandable and not misleading. The client should always know what he is paying for and how much, and be able to clarify the terms in advance.
If you suspect that an attorney has violated the Advocacy Act or the Code of Ethics of the Czech Bar Association, you can defend yourself. The first step may be to file a complaint with the Czech Bar Association, which supervises attorneys. The Chamber will investigate your complaint and, if it finds misconduct, may initiate disciplinary proceedings.
Disciplinary proceedings can lead to various sanctions – from a warning to a fine to a temporary ban on practising law or, in extreme cases, removal from the list of lawyers. It is therefore not a formal process, but a real tool for controlling the practice of advocacy.
In addition to disciplinary liability, compensation for damages is also an option. If a lawyer has caused you financial loss by his/her misconduct, you can claim compensation from him/her. As we mentioned, every lawyer must be insured for such cases, which increases the chances of real compensation. In extremely serious situations, for example, when money is embezzled from a lawyer’s custody, the Guarantee Fund of the Czech Bar Association can also be used.
It is also a very wise step to consult with another lawyer who will independently assess the situation and recommend further action. Not every dissatisfaction means a violation of the law, but if it has actually occurred, it is good to know what your rights are.
The Advocacy Act, the CBA Code of Ethics and the supervision of the Czech Bar Association create a system to protect the client and ensure a high level of legal services. A lawyer is not just a “lawyer” but a highly regulated profession with clearly defined duties and responsibilities.
If you need legal assistance from a proven attorney who complies with the Advocacy Act and ethical standards, contact us. We will be happy to help you.
Under the Advocacy Act, an attorney may provide legal services only if he or she is registered in the list of attorneys maintained by the Czech Bar Association, which also supervises the practice of law, organizes bar examinations and maintains a list of law clerks. An advocate is obliged to protect the rights and legitimate interests of the client, to act honestly and conscientiously, to avoid conflicts of interest and to maintain strict confidentiality of all information he or she learns in the course of providing legal services; these obligations are supplemented by the CBA Code of Ethics. The lawyer should have a clear agreement with the client on the scope of services to be provided and the remuneration (usually contractual; in the absence of an agreement, non-contractual remuneration is used according to the Decree). For some activities – typically legal custody or administration of someone else’s property – the law requires a written contract. They must also be insured against damages and keep a proper lawyer’s file. The lawyer may practice law independently or through a law firm or company, and liability for damages depends on the form of practice chosen. A trainee lawyer may prepare to become an advocate by completing three years of practice and passing the bar examination before being authorised to practise. If an advocate breaches his or her duties, the client may lodge a complaint with the Czech Bar Association, which may initiate disciplinary proceedings and impose sanctions ranging from a warning to removal from the list of advocates; at the same time, compensation may be claimed from the compulsory insurance or another advocate may be contacted for an independent assessment. The entire system of the Advocacy Act, the professional regulations and the supervision of the CBA is set up to protect the client and ensure a professional and ethical standard of legal services.
On the website of the Czech Bar Association, you can use the public search for attorneys (CBA list of attorneys).
Yes, for example, if there is a conflict of interest or if the client requests an illegal procedure.
A set of rules issued by the Czech Bar Association that regulates the professional and ethical conduct of attorneys.
Yes, but under the supervision of a lawyer.
The complaint is filed with the Czech Bar Association, which may initiate disciplinary proceedings.
Income varies significantly by specialisation, region and type of law firm.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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