Advocacy

1. What is advocacy

Advocacy helps to enforce the constitutional right of individuals to defend and protect other rights and interests of individuals and legal persons in accordance with the Constitution of the Slovak Republic, constitutional laws, laws and other generally binding legal regulations.

Practice of law (advocacy) is legal representation of clients before courts, public authorities and other legal entities, defending individuals in criminal proceedings, providing legal advice, writing legal instruments (documents), legal analyses, administration (management) of clients´ property and other forms of legal advice and legal assistance, if is carried out consistently and for a fee.

(§ 1 section 1,2 of the Act No. 586/2003 Coll. on Advocacy as amended)

2. Who is attorney-at-law

The attorney-at-law is a person registered in the List of attorneys maintained by the Slovak Bar Association.

When providing legal services, the attorney-at-law is independent and is bound only by generally binding legal regulations and within the limits of these regulations by client´s instructions.

The advocacy is an independent profession that may be practiced only under this Act.

(§ 2 section 1,2,3 of the Act No. 586/2003 Coll. on Advocacy as amended)

3. Basic duties

The attorney-at-law is obliged, when providing legal services, to protect the rights and interests of the client and to follow the client´s instructions. If the client´s instructions are contrary to the generally binding legal regulations, the attorney-at-law shall not be bound by such instructions. The attorney-at-law shall appropriately instruct the client about this rule.

The attorney-at-law is obliged, when providing legal services, to act with professional care, which means it acts honestly, faithfully, it consistently and appropriately uses all legal means and in the interests of the client everything that according to its beliefs is beneficial. The attorney-at-law shall keep in mind the purpose and efficiency of legal services.

In the course of performance of its profession, the attorney-at-law shall act in such a way so that it does not undermine the dignity of legal profession. It is obliged to comply with the professional ethics rules and other rules stipulated in the regulations adopted by the Bar.

(§ 18 section 1,2,3 of the Act No. 586/2003 Coll. on Advocacy as amended)

When providing legal services, interest of the client is a priority. The client´s legitimate interests shall prevail over the other interests of the attorney-at-law and over its respect for other attorneys.

(§ 5 of the Advocacy Code)

The attorney-at-law is obliged to keep confidential all information that it comes across when practicing legal profession, if not otherwise stipulated in the special regulation related to the area of prevention and detection of money-laundering and terrorist financing.

(§ 23 section 1 of the Act No. 586/2003 Coll. on Advocacy as amended)

4. Remuneration

The attorney-at-law provides legal services for a fee and is entitled to request a reasonable advance payment.

In addition to legal fees, the attorney-at-law is also entitled to reimbursement of cash expenses and compensation for lost time. Cash expenses are expenses effectively and demonstrably incurred in connection with the provision of legal services, particularly legal and other fees, travel and telecommunications expenses and expenses for expert opinions, translations, transcripts or copies of public records.

Attorney's fee is determined by agreement between the attorney-at-law and the client; if no agreement is reached, the attorney-at-law is entitled to the tariff fee.

(§ 24 section 1,2,3 of the Act No. 586/2003 Coll. on Advocacy as amended)