Activity of Attorney - licencing step by step

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

This professional activity consists in providing legal services, particularly, representation in court and during proceedings held by other bodies, acting on behalf of defendants in criminal cases, providing legal counsel, drafting memoranda, drawing up legal analyses and offering other forms of legal assistance providing such activities are supplied systematically and for a fee.

Persons wanting to practice the profession of attorney must first be registered in the list of articled clerks. Following the legal practical experience (3 years) he or she must pass an attorney exam and complete an attorney oath. The above examination does not have to be taken by applicants who have passed a professional justice exam, a judge exam, a single judge exam, a public notary exam, a prosecuting attorney exam, a court administrator (liquidator) exam and a professional commercial lawyer exam. The same applies for the recognition of the practical experience. Once the relevant exam has been passed, an application may be sent to the Czech Bar Association for inclusion onto the list of attorneys. Activity of an attorney shall start upon the date of attorney oath at the earliest and within three months from this date at the latest. As in the case of articled clerks an attorney is listed onto the publicly accessible registry (published on the Czech Bar Association website).

Conditions applying to awarding a licence and application requirements

Procedure for obtaining authorisation:

  1. Application for inclusion onto the list of articled clerks after meeting the legal practice requirement
  2. Application to sit the attorney exam
  3. Application for inclusion onto the list of attorneys + taking an attorney oath (meeting the requirements given by Art. 5
  4. A professional liability insurance policy must further be taken out in order for the applicant to start work as an attorney

1) Application for inclusion onto the list of articled clerks

  • The application shall be submitted to the Czech Bar Association
  • There are no prescribed form for the application however it must include the requirements set out by the law on attorneys especially it is necessary to submit documents attesting to the completed educational qualification in the area of law, an employment contract certifying that the applicant is employed at an attorney at law office for required weekly working hours and extract from the Criminal Register.

Following the completion of a three-year spell of practical experience, an articled clerk may apply to sit the attorney exam. Into the said legal practical experience, it is possible to include also the time period of other legal practical experience (maximum scope of 1 year). The applicant must communicate and prove that he or her is not intending to complete the overall period of practical experience.

2) Application to sit the attorney exam

  • The application shall be filed using a prescribed form
  • The application shall be submitted to the Czech Bar Association

The application shall include:

  • confirmation by the attorney who has been employing the applicant to the effect that the same shall remain employed by them until they have completed their mandatory spell of practical experience as an articled clerk,
  • confirmation of their participation in educating articled clerks
  • listing of major legal services the articled clerk has taken part in providing or where they have represented the attorney
  • extract from the Criminal Register
  • document attesting to payment of the attorney exam fee. The examination fee amounts to CZK 8,500 and can be transferred to the Bar (CAK) account no. 6724361001/2700 maintained by UniCredit Bank, KS (constant code):  308, VS (variable code): 5-digit registration code of the articled clerk concerned (others shall indicate "9") or paid in cash at the CAK cash office. The cash office is open from Monday to Thursday, 8:00 to 15:30, and on Fridays, 8:00 to 14:00,
  • in case of a recognition of other legal practical experience as the experience of articled clerks it is necessary to submit a certificate from the employer where this legal practical experience was carried out.

Further information on licence proceedings

After successfully passing the exam the candidate is awarded a certificate of passing the he attorney exam.

3) Application for inclusion onto the list of attorneys

The application shall be filed using a prescribed form (in Czech)

The application shall be submitted to the Czech Bar Association

The application shall include:

  • Master’s degree in law from a university in the Czech Republic.
  • Proof of integrity.
  • Proof of termination of employment.
  • Proof of passing the bar exam.

A lawyer begins practicing law at the earliest on the day of taking the attorney’s oath, but not later than three months from the date of the oath. The same as a law clerk, a lawyer is registered in a public list (located on the website of the Czech Bar Association). The bar association will issue the lawyer a license and identification card proving the lawyer’s authorization to provide legal services within one week after registration in the list of attorneys.

4) A professional liability insurance policy must be concluded to conduct the work of a lawyer

This insurance is arranged for lawyers by the administrative and organization department of the Czech Bar Association. Contact phone number: +420 221 729 011

Upon the completion proceed to the next step.

The business may be conducted after fulfilling all the above stated requirements.

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