What is advocacy
Advocacy helps to assert the constitutional right to defense of individuals and protects other rights and interests of individuals and legal persons in accordance with the Constitution of the Slovak Republic, constitutional acts, acts and other generally binding legal regulations.
Practice of advocacy means the representation of clients in proceedings before courts, public authorities and other legal entities, defense in criminal proceedings, providing of legal advice, preparation of documents on legal acts, preparing of legal analyzes, administration of clients' assets/property and other forms of legal advice and legal assistance if carried out consistently and for remuneration.
(Art. 1 para. 1 and 2 of the Act No. 586/2003 Coll. on Advocacy as amended)
Who is attorney at law
Attorney at law is a person, who is registered in the register of attorneys at law, which is maintained by the Slovak Bar Association.
During the providing of legal services attorney at law is independent, however, he is bound by the general legal regulations and within its limits by client's instructions.
The advocacy is a free profession, which can be practiced only under the Advocacy Act.
(Art. 2 para. 1, 2 and 3 of the Act No. 586/2003 Z. z. Coll. on Advocacy as amended)
Basic duties of attorney at law
The duty of attorney at law in advocacy practice is to protect and assert the rights and interests of the client and obey his instructions. If the client's instructions are against the law, attorney at law is not bound by them. The client must be instructed on this matter accordingly.
The duty of attorney at law in advocacy practice is to act with professional care, which means, that he acts honestly, conscientiously, in a reasonable manner and consistently uses all legal means and asserts in the interest of the client´s everything, what he considers to be beneficial. He takes care of efficiency and effectiveness of provided legal services.
Performing his legal practice, attorney at law shall not undermine the dignity of the advocate status. In order to do so, he is obliged to observe the rules of professional ethics and other rules, which are determined by the Slovak Bar Association.
(Art. 18 para. 1, 2 and 3 of the Act No. 586/2003 Coll. on Advocacy as amended)
During provision of legal services, interests of the client are primary. His/her vested interests have priority over the interests of the attorney at law, as well as over his regard to other attorneys at law.
(art. 5 of the Advocacy Order)
Attorney at law is obliged to maintain the confidentiality of all facts he received during the practice of advocacy unless a special regulation enacts otherwise in the area of prevention and detection of money laundering and terrorist financing.
(Art. 23 para. 1 of the Act No. 586/2003 Coll. on Advocacy, as amended)
Attorney at law provides legal services for remuneration and he is entitled to claim an adequate prepayment.
In addition to the lawyer’s remuneration, the lawyer is also entitled to reimbursement of cash expenses which are objectively and demonstrably connected to the providing of legal services, especially for legal fees and other administrative fees, travel and telecommunications expenses and expenses for expert testimonies, translations, depreciations or extracts from public registers.
The advocate´s remuneration is determined upon the agreement between the lawyer and the client; if no agreement is reached, the advocate is entitled to the tariff remuneration.
(Art. 24 para. 1, 2 and 3 of the Act No. 586/2003 Coll. on Advocacy, as amended)