Shrnutí: Are you about to go to trial or are you a criminal defendant but don’t want to spend money on a lawyer? Would you like to request the appointment of an attorney “ex officio” but do not know what proceedings you are entitled to and under what conditions? Let’s see when the Czech legal system allows this option and whether it is worthwhile for you.
If you are dealing with a criminal or civil dispute and need legal representation, we will be happy to take it on and defend your rights.
An ex officio attorney is a legal representative who is mandatorily assigned to a criminal defendant if the defendant does not have his or her own attorney and is under arrest or charged with a crime that carries a substantial prison sentence (see below for a more detailed definition of the statutory requirements). The term “ex officio” comes from Latin and means “out of obligation”, which means that the lawyer is not appointed by choice and agreement with the client.
An ex officio lawyer has the same qualifications and capabilities as any other lawyer and can therefore provide comprehensive legal advice and defence in criminal proceedings. He is mandatorily assigned in order to fulfil the idea of the right to a fair trial and to guarantee the defence of the rights of the accused, especially in cases where heavy penalties are imminent.
You will only succeed in court if the filing of the lawsuit is bulletproof. We will conduct a careful analysis of your case and take care of preparing a pre-suit notice, a lawsuit, an appeal or straight to representing you in court where we will vigorously enforce your rights. The preparation of the offer includes a proposal for the price of the service.
I want to use the services of a lawyer
Ordinary civil disputes, such as disputes with a (former) employer or spouse, arguments with a neighbour or claims against a business partner, are not covered by the obligation to have a lawyer. However, it is always preferable and avoids potential mistakes.
If you do not have the money for legal representation, you can of course study and build your legal argument yourself. However, if the opposing party has an attorney with five or more years of training and years of experience in court and in a law firm, he or she will be at a significant advantage.
In fact, what discourages many clients from choosing an attorney is the concern about increasing hours and opaque billing, where you have no idea in advance whether a case will require five or twenty-five hours of attorney work.
The ideal solution, therefore, is to seek out a service where you know the price up front and there are no unpleasant surprises. This is the approach we have taken to mutual satisfaction with our Affordable Lawyer service. The client chooses from a package of services, knows the price in advance and is not surprised by anything.
Another option is to ask the court to appoint a representative at the same time as requesting exemption from court fees. However, you must prove that your financial circumstances are not sufficient to pay for the representative yourself. You must provide precise proof of these facts and attach them to the application.
In our practice, we also encounter clients who initially try to resolve a dispute without a lawyer, but end up turning to us when their position is already significantly weakened.
Unlike civil proceedings, there are a number of situations in criminal proceedings in which the accused must have an attorney. These are set out in the Criminal Procedure Code.
Already in pre-trial proceedings, this applies, for example, to defendants who are currently in custody or serving a custodial sentence, who have limited legal capacity, or in proceedings against a fugitive.
Another important situation which requires the presence of a defence counsel is proceedings for an offence for which the law provides for a maximum penalty of more than five years’ imprisonment.
If the accused does not have a defence counsel in these so-called necessary defence cases, a time limit for the appointment of a defence counsel is first set. If he fails to do so even then, a defence counsel shall be appointed by the court.
In criminal cases, a correct defence strategy from the outset is essential. In practice, the first statements and procedural steps are often decisive and cannot be reversed. If you are facing criminal proceedings, we recommend that you deal with the defence as early as possible – ideally before the first interview.
The two basic myths circulating among the general public are that an ex officio attorney works for free (pro bono) and that the defendant never pays for his or her services. The reality is that an ex officio attorney is paid from public funds and charges the state for his or her services according to the attorney fee schedule.
However, an important moment occurs when the accused is found guilty by the court. In such a case, the State will claim the costs of the defence, including the costs of the ex officio lawyer. If the state fails to recover the debt on a more or less voluntary basis, then it resorts to enforcement proceedings and the problems of the convicted grow exponentially.
Tip: The only remedy against a criminal order is a complaint. A complaint against the initiation of criminal prosecution is usually the key, but in other situations it may also be justified for an effective defence. In what situations is a complaint appropriate? We have addressed this in our separate article.
The question in the title may not be entirely appropriate if the accused has no resources and therefore no choice. However, it is often more a question of little willingness to seek or spend resources on the defence. In such a case, it would be useful to take the following arguments into account.
The ex officio defence counsel is appointed by the court according to a list of lawyers without further specialisation, which may pose a problem for the accused. As we have stated above, such a lawyer may have the same qualifications as any other, but he does not necessarily specialise in the area of the offences of which the accused is guilty or subsequently charged.
Thus, the defence provided may not be as precise as that which could be provided by a defence counsel specialising in the subject matter. Moreover, the number of ex officio defence lawyers is limited.
As we have also mentioned, the myth of free counsel does not apply either. If the charges are proven and the accused is found guilty, he or she will be required to pay the costs associated with the criminal proceedings, including legal fees.
Another factor to consider is the motivation of the ex officio attorney. Unlike a regular attorney who must win clients and retain their favor, an ex officio attorney may not have the same motivation to devote himself or herself 100 percent to the case.
In practice, this can sometimes mean that while ex officio attorneys will take all the necessary steps to defend the case and thus satisfy the statutory requirement for a fair trial, they may not be willing to put their maximum energy into the case. On the other hand, such an approach cannot be generalised and there are certainly many exceptions.
When is an ex officio lawyer (un)worthwhile?
It does:
– you do not have the means to afford a lawyer
– it is a necessary defence
– you need basic legal protection
Not worth it:
– you want to choose a specialist
– it is a complex case
– you want the lawyer to be as active as possible
Tip: The work of an ex officio lawyer is also often demanding and unenviable. For example, in a situation where he takes on cases from which other colleagues are taking their hands off. The top lawyer and renowned attorney JUDr. Ressler, who was responsible for the ex officio defence of the “executioner of the Czech nation”, K. H. Frank, knew this. Despite the fact that no one could suspect Ressler of being a Nazi sympathizer, he managed to free himself from personal feelings and conduct a brilliant and precise defense, thanks to which some of the unfounded accusations against Frank were refuted. He put maximum energy into the case, even when it was clear that the main points of the prosecution’s case were reliably sufficient for a death sentence. In 1998, a film was made about this famous trial, aptly titled Ex Offo and starring Viktor Preiss.
Overall, the accused very often does not spend more money by choosing their own lawyer. However, they will choose a lawyer who has their trust and specialises in that area of law. It is also good to know that the accused or defendant has this choice at any time, even if he or she has already been assigned a lawyer.
TheCode of Criminal Procedure allows the accused to waive counsel in most cases of so-called indispensable defence. In cases where a prison sentence of more than five years is imminent, this can only be done in a situation where there is no exceptional punishment. However, it is considered very reckless not to avail oneself of the opportunity to defend oneself with the assistance of a lawyer in criminal proceedings.
An ex officio lawyer is a solution for situations where you cannot afford legal representation and the law makes it mandatory to appoint one. However, it is not free and you cannot choose one. Instead, having your own lawyer allows you to choose a specialist and actively manage your defence. In practice, therefore, if you have a choice, having your own lawyer is usually preferable in most cases.
The state, however, can recover the costs if you are found guilty.
No, the attorney is appointed by the court on a first-come, first-served basis.
Yes, you can choose your own lawyer at any time.
Only in exceptional circumstances – if you meet the conditions for the court to appoint a representative.
Usually within a few days, for necessary defence immediately.
Need help with filing a lawsuit or representing yourself in court? Whether the litigation is just beginning or the case is well underway, we can help you with everything. We will conduct a thorough analysis, assess your realistic chances and suggest a course of action. All this within 48 hours of ordering our services.
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 15 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.
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 15 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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