Legal Profession – rights and obligations of Attorney at Law
A lawyer must, under his/her performance of the legal profession, fulfil especially the obligations as laid down by the Act No. 85/1996 Coll Legal Profession Act (LPA). Further rights and obligations are specified in procedural regulations concerning court and administrativea procedure and in Professional Regulations. Attorneys as all providers of services are also bound by consumer protection regulations.
When providing legal services the attorney is especially obliged to protect and enforce the client's interests and follow the client's instructions. However he is not bound by client's instructions that are contrary to law or professional regulations, of which the attorney is obliged to notify the client accordingly
In exercise of legal counsel attorney at law must act honestly and conscientiously, he must thoroughly utilise all lawful means and within his scope apply in the interest of clients whatever considered favourable
An attorney at law is obliged to refuse provision of legal services, or terminate an existing counsel contract if person whose interests are in dissent with the applicant for legal services has received legal services in the same or similar matter by an attorney at law with whom the requested has been exercising legal counsel in association or company, information acquired about a client or a former client could unjustly favor the applicant for legal services, interests of the applicant for legal services are in dissent with the interests of the requested attorney at law or a person close to the attorney at law.
An attorney at law is entitled to cancel a contract of provision of legal services if necessary trust between the attorney and the client or if the client fails to provide necessary concurrence or if the client has failed to pay reasonable retainer fee for provision of legal services although having been asked by the attorney at law.
Advokát je povinen zachovávat mlčenlivost o všech skutečnostech, o nichž se dozvěděl v souvislosti s poskytováním právních služeb. Povinnosti mlčenlivosti může advokáta zprostit pouze klient a po jeho smrti či zániku právní nástupce; i poté je však advokát povinen zachovávat mlčenlivost, je-li z okolností případu zřejmé, že jej klient nebo jeho právní nástupce této povinnosti zprostil pod nátlakem nebo v tísni. Povinnost mlčenlivosti se vztahuje i na zaměstnance advokáta, jakož i na jiné osoby, které se s advokátem podílejí na poskytování právních služeb.
An attorney at law is liable to maintain confidentiality of all facts learned in relation to provision of legal services. The confidentiality liability may be lifted only by client or, after decease of client or expiration of legal entity legal representative. Even after release of confidentiality attorney at law must maintain confidentiality if apparent that client or legal representative has lifted the liability under pressure or stress. An attorney at law is not bound by the liability of confidentiality in relation to person charged with individual chores of legal services it such person is bound by the liability of confidentiality.
Attorney at law must maintain reasonable account of provision of legal services and archive all related documents for the period of five years since the conclusion of provision of legal services.
Attorney at law may use representation by another attorney at law within the scope of his/her appointment. Unless a special regulation specifies otherwise, attorney at law may be represented for individual acts by employee or paralegal of the attorney at law
Our attorneys ' are insured from 1,000,000 CZK up to 20,000,000 CZK; we will gladly inform you about the insurance coverage of a specific attorney at request.
Act No. 85/1996 Coll., on the Legal Profession as amended by Act No. 210/1999 Coll.