What are a lawyer’s duties under the Law on the Legal Profession?

What Is the Act on the Legal Profession and Who Does It Apply To

The fundamental law governing the practice of law in the Czech Republic is the Law on the Legal Profession. It specifies who may provide legal services, under what conditions, and what obligations a lawyer has.

Under the Act, legal services may be provided only by:

• a lawyer registered in the list of lawyers maintained by the Czech Bar Association,
• or, under certain conditions, a so-called European lawyer.

However, the Act also provides for other exceptions—legal services may also be provided to a certain extent by certain professions under special laws (such as notaries, court bailiffs, patent attorneys, or tax advisors), as well as employees who provide legal services to their employer as part of their job duties. Conversely, the law prohibits offering or brokering legal services “on the side” without authorization.

This is crucial information for clients. Registration on the bar roll is not a mere formality—it is confirmation that the person in question meets the legal requirements for practicing law, particularly the requirements regarding legal capacity, good character, professional qualifications, and compatibility with the practice of law—and that they have taken the oath prescribed by law before the President of the Czech Bar Association.

In the standard path to practicing law, a candidate must, among other things, complete a law degree, undergo the necessary legal training—usually as a law clerk—and pass the bar exam. However , the law also provides for special regimes, for example, for European lawyers, individuals with recognized foreign qualifications, or individuals whose other legal practice or professional examination may be recognized.

If you are unsure whether your lawyer is actually a licensed attorney, we recommend using the public attorney search on the Czech Bar Association’s website.

The Czech Bar Association Oversees Attorneys

The Czech Bar Association (ČAK) is a self-governing professional organization that brings together all attorneys in the Czech Republic. One cannot practice law without being registered on the list of attorneys maintained by the ČAK.

The Czech Bar Association fulfills several key functions:

• maintains a register of attorneys and a register of attorney trainees,
• it organizes bar exams,
• issues professional regulations (including a code of ethics),
• supervises attorneys,
• conducts disciplinary proceedings in cases of breach of duties.

Thanks to the Bar Association, the public can access a list of attorneys, where they can find an attorney’s name, registration number, law firm address, and information about any suspension of their license to practice law.

There is also a list of law clerks.

A Lawyer’s Basic Duties Toward a Client

A lawyer’s most important duties are governed by the Act on the Legal Profession and the Code of Ethics for Lawyers (Czech Bar Association Code of Ethics). These duties form the cornerstone of trust between the client and the lawyer.

1. Duty of Confidentiality

A lawyer is obligated to maintain confidentiality regarding all facts that come to their knowledge while providing legal services.

Confidentiality:

• continues even after the end of the client-lawyer relationship,
• continues even after removal from the bar register,
• applies to law firm employees and legal interns as well.

Without this obligation, clients would not be able to openly share sensitive information with their attorney.

2. Duty to Protect the Client’s Interests

A lawyer must:

• protect and advocate for the client’s rights,
• use all legal means to the client’s benefit,
• follow the client’s instructions.

At the same time, however, a lawyer is not obligated (nor authorized) to comply with an instruction that conflicts with the law or professional regulations. In such a case, the lawyer must advise the client accordingly.

3. Duty to Avoid Conflicts of Interest

An attorney must decline to represent a client if:

• he or she has previously represented the opposing party,
• they have information that could unduly benefit the new client,
• his or her personal interest conflicts with the client’s interest.

A conflict of interest is one of the most common grounds for disciplinary proceedings.

4. Duty to Act Honestly and in Good Faith

The Code of Ethics for Attorneys stipulates that an attorney must conduct themselves in a manner that does not undermine the dignity of the legal profession.

This includes, for example:

• proper communication,
• transparent billing of fees,
• a prohibition on misleading advertising by law firms.

Make sure your attorney is acting in accordance with the Code:

1. Have you clearly agreed with the lawyer on the scope of services and the fee (ideally in writing)?
2. Have the amount of the fee and how it is calculated been clearly explained to you?
3. Does the lawyer keep you informed about the progress of your case?
4. Do they respond to your questions within a reasonable time?
5. Have they informed you of any potential conflicts of interest?
6. Do they maintain the confidentiality of the information you have entrusted to them?
7. Do you know exactly who is working on your case (lawyer / legal intern)?
8. Have you verified their registration in the list of attorneys maintained by the Czech Bar Association?

If you’re not sure whether your attorney is acting appropriately, you can have the situation independently reviewed.

Are you dissatisfied with your attorney’s handling of your case? Contact us, and we’ll thoroughly review your situation.

A Lawyer’s Obligations to the Czech Bar Association

A lawyer has obligations not only to clients but also to the Czech Bar Association.

For example, they must:

• be registered on the list of attorneys,
• notify the Bar Association of any change in the law firm’s registered office,
• pay dues to support the Bar Association’s activities,
• be insured against liability for damages,
• maintain appropriate documentation (client files).

Every attorney must also be insured against causing harm to a client. For example, if a claim becomes time-barred due to an attorney’s error, the client may seek compensation from the insurance.

This is a fundamental difference from various “legal advisors” who are not attorneys.

Law Firms and the Practice of Law

A lawyer may practice law independently, as part of a law firm, as a partner in a law firm defined by law—specifically a limited liability company (s.r.o.), general partnership (v.o.s.), or limited partnership (k.s.)—or as an employed lawyer.

The chosen form of practicing law is particularly significant in terms of liability. If a lawyer provides legal services through a company, that company generally acts as the client’s point of contact and is also liable for any damages caused during the provision of legal services. In the case of a salaried lawyer, liability toward the client rests with the lawyer’s employer.

The terms “lawyer,” “law firm,” or derived forms of these terms may be used only if the statutory conditions under the Act on the Legal Profession are met. Unauthorized use of these terms is prohibited by law and may be subject to penalties.

Law Clerk and Bar Exams

A law clerk is a lawyer who is preparing to practice law and is gradually gaining practical experience under the supervision of an experienced attorney. To become a law clerk, one must have completed a master’s degree in law and be registered on the list of law clerks maintained by the Czech Bar Association.

They then complete a mandatory three-year legal internship under the supervision of a lawyer, during which they assist in providing legal services and prepare to take the bar exam.

After completing the practical training, the trainee attorney may take the bar exam administered by the Czech Bar Association. Only after successfully passing the exam and taking the oath prescribed by law is the trainee attorney entered into the register of attorneys and becomes a fully licensed attorney.

In certain cases, a trainee attorney may represent a client, but always under the supervision of a licensed attorney who bears responsibility for the trainee’s work.

What Are a Lawyer’s Fees and Average Salary?

Legal services are generally provided for a fee. The amount and method of determining the fee may vary depending on the agreement between the client and the attorney. The most common form is a contractual fee, which the parties negotiate individually—this may be an hourly rate, a lump sum, or a contingency fee.

If the amount of the fee is not expressly agreed upon, a so-called non-contractual fee applies, the calculation of which is set forth in a decree. A lawyer is also entitled to request a reasonable advance payment for their services.

Prospective law students are often interested in the average salary of a lawyer. In reality, however, a lawyer’s income varies greatly from person to person. It depends primarily on the lawyer’s area of specialization, the region in which they practice, the size of the law firm, and the length of their experience. The situation differs between a smaller regional law firm and a large international firm specializing in corporate law. Differences in income can therefore be significant.

From the client’s perspective, however, something else is most important: The fee structure must be transparent, understandable, and not misleading. Clients should always know what they are paying for and how much, and have the opportunity to clarify the terms in advance.

What to Do If a Lawyer Breaches Their Duties

If you suspect that a lawyer has violated the Act on the Legal Profession or the Code of Ethics of the Czech Bar Association, you can take action. A complaint can be filed with the Czech Bar Association. The Association will investigate the matter, and if it concludes that a disciplinary offense may have occurred, it may lead to the filing of a disciplinary complaint and subsequent disciplinary proceedings.

Disciplinary proceedings can result in various sanctions—ranging from a reprimand to a fine, a temporary suspension from the practice of law, or, in extreme cases, disbarment. This is therefore not merely a formal process, but a genuine tool for overseeing the practice of law.

In addition to disciplinary liability, compensation for damages may also be considered. If a lawyer’s misconduct has caused you financial harm, you may seek compensation from them. As we mentioned, every attorney must be insured for such cases, which increases the likelihood of receiving actual compensation. In the event of damage caused by a lawyer’s criminal activity in connection with the lawyer’s escrow of funds, compensation from the Czech Bar Association’s Guarantee Fund may be available, within the limits set by law.

It is also a very sensible step to consult with another attorney, who will independently assess the situation and recommend how to proceed. Not every instance of dissatisfaction constitutes a violation of the law, but if a violation has indeed occurred, it is good to know what your rights are.

The Act on the Legal Profession, the CBA Code of Ethics, and the oversight provided by the Czech Bar Association create a system designed to protect clients and ensure a high standard of legal services. A lawyer is not merely a “legal professional” but a member of a highly regulated profession with clearly defined duties and responsibilities.

If you need legal assistance from a reputable attorney who complies with the Act on the Legal Profession and ethical standards, please contact us. We’ll be happy to help you.

Summary

Under the Act on the Legal Profession, an attorney may provide legal services only if they are registered in the list of attorneys maintained by the Czech Bar Association, which also supervises the practice of law, organizes bar exams, and maintains a list of legal trainees. A lawyer is obligated to protect the client’s rights and legitimate interests, act honestly and conscientiously, avoid conflicts of interest, and maintain strict confidentiality regarding all information learned while providing legal services; These obligations are supplemented by the CBA’s Code of Ethics. A lawyer must have a clearly agreed-upon scope of services and fee with the client (most often set forth in a contract; if no agreement exists, a non-contractual fee based on the relevant decree applies). For certain activities—typically attorney escrow or the administration of third-party assets —the law requires a written contract. A lawyer must also be insured against liability for damages and must properly maintain the client’s file. A lawyer may practice independently or through a law firm or company, with liability for damages depending on the chosen form of practice. A law clerk may train to become a lawyer; only after three years of practice and passing the bar exam will the clerk be authorized to practice law. If a lawyer breaches their duties, a client may file a complaint with the Czech Bar Association, which may initiate disciplinary proceedings and impose sanctions ranging from a reprimand to disbarment; At the same time, the client may seek compensation for damages through mandatory insurance or consult another attorney for an independent assessment. The entire system—comprising the Act on the Legal Profession, professional regulations, and the supervision of the Czech Bar Association—is designed to protect clients and ensure the professional and ethical standards of legal services.