Conditions_European lawyer_legal services within the territory of the Czech Republic as a visiting European lawyer?
Under which conditions is a European lawyer entitled to provide legal services within the territory of the Czech Republic as a visiting European lawyer?
If a European lawyer wants to provide legal services within the territory of the Czech Republic occasionally he may do so as a visiting European lawyer.
Admission to the Bar
A visiting European lawyer who provides legal services within the territory of the Czech Republic occasionally not on a long term basis shall not be obliged to be admitted to the Bar or to be entered in the Registry of Lawyers. Where a visiting European lawyer provides his legal services in the Czech Republic for more than one month without any significant interruption he shall be obliged to notify the Bar of his mailing address in the Czech Republic in order for documents to be sent to him by the Bar.
The use of the professional title
A visiting European lawyer shall, in the provision of legal services, be obliged to use his professional title as in his home country; such title must be expressed in the official language, or in one of the official languages, of his home country.
If so requested, a visiting European lawyer shall be obliged to prove his entitlement to provide legal services in his home country under his home-country professional title according to s. 2 (1) b) by producing to the Bar, courts or other bodies the relevant document or documents issued in his home country (hereinafter referred to as “certificate of entitlement”); the certificate must be submitted by a visiting European lawyer along with its officially certified translation into the Czech language.
Limitation
A visiting European lawyer shall not be entitled to prepare real property transfer contracts, security contracts regarding real property, or contracts to transfer or to lease the business or a part thereof if applying to real estate; a visiting European lawyer shall not be entitled to produce statements regarding the authenticity of a signature.
A visiting European lawyer may not be a member of a Consortium, nor may he become a Company member.
A visiting European lawyer shall not be entitled to participate in the Assembly nor may he be elected into the bodies of the Bar.
Consultant in procedural issues
When a European lawyer provides legal services subsisting in representation of clients before courts and other bodies, including defence in criminal proceedings, and where special legislation stipulates that a party must be represented by a lawyer, or that only a lawyer may be the representative of a party, the European lawyer shall be obliged to appoint a lawyer, upon agreement with his client, as a consultant in procedural issues to be solved in the proceedings.
Agent for the service of documents
If a visiting European lawyer provides legal services subsisting in the representation of his clients before courts or other bodies, including his acting as a defence lawyer in criminal proceedings, he shall be obliged to appoint a lawyer as his agent for the purpose of service of documents. A visiting European lawyer shall be obliged to notify courts or other bodies of the address of the registered office of his agent for service of documents on the date of his first communication with the respective court or body; courts or other bodies shall serve documents including decisions to the address of the registered office of the agent for service of documents. Should a visiting European lawyer not fulfil this duty, courts or other bodies shall deposit documents (decisions) with the legal effect of service commencing on the third day of the deposition; this shall apply also with respect to documents to be delivered into a visiting European lawyer’s own hands.
