Instructions for appointment of lawyers by the Czech Bar Association
I N S T R U C T I O N S
for appointment of lawyers by the Czech Bar Association
Appointment of lawyers by the Czech Bar Association is regulated in § 18 of the Act on the Legal Profession, No. 85/1996 Coll.
Conditions for appointment of a lawyer for provision of a legal service are stipulated in § 18, par. 2, first sentence of the Act on the Legal Profession; the following conditions are involved:
- submission of an application in time and
- an applicant proves to be a person not fulfilling requirements to have a lawyer appointed by court under special legislation, and
- an applicant did not manage to arrange for legal service in the manner stipulated by the Act
According to § 55, par. 1 of the Act on the Legal Profession, appointment of a lawyer according to § 18, par. 2 and cancellation of appointment of a lawyer according to § 18, par. 4 of the Act on the Legal Profession is decided within the administrative proceedings. No remedial measure is admissible against such decision; it is possible to file an action within administrative justice.
An application for appointment of a lawyer must be filed by a person to whom a legal service is to be provided. An applicant may be represented by a legal representative or an empowered representative on the basis of a proper power of attorney.
Form of application
An application shall be filed in compliance with the Administrative Procedure Code in writing or by electronic mail furnished with secured electronic signature, or through the data box respectively. Address of electronic mail room: email@example.com. Submissions made in another form must be supplemented by a statutory form within 5 days (see the preceding sentence), otherwise they shall be suspended due to the failure to comply with the statutory form. The form of the Application for appointment of a lawyer to provide a legal service may be also found on www.cak.cz, or it will be sent to an applicant on the basis of his request, or an applicant can collect it at the below addresses. An application is decided without ordering oral hearing. Suggestions or submission may not be handled by telephone or personally.
We also bring attention to the fact that the proceedings itself are conducted in the Czech language only.
Time-limit for the issue of the decision
The Czech Bar Association shall decide on a submitted application within the time-limit stipulated by the Administrative Procedure Code, i.e. within 30 days of delivery of such application.
Provision of legal services free of charge or for a reduced fee
Where an applicant requires that a legal service be provided free of charge or for a reduced fee, he shall be obliged to prove, in compliance with § 18, par. 3 of the Act on the Legal Profession, along with his application for the appointment of a lawyer, his income and property in the manner stipulated in the Decree No. 275/2006 Coll. This Decree of the Ministry of Justice stipulates the content of the questionnaire of the Statement on income and property situation of an applicant for appointment of a lawyer to provide a legal service free of charge or for a reduced fee. The questionnaire is available for downloading on www.cak.cz or it may be requested at the address of a branch office of the Czech Bar Association in Brno. An applicant may collect a questionnaire also personally at the reception desk of the Czech Bar Association, Národní tř. 16, 110 00 Prague 1 or at the reception desk at Klein palace in Brno – the seat of the branch of the Czech Bar Association in Brno, nám. Svobody 84/15, 602 00 Brno. When deciding on provision of legal services free of charge or for a reduced fee, total income and property situation of an applicant and all jointly considered persons living in the common household with an applicant are considered. A free of charge legal service is provided to persons absolutely without property, without regular income or those having income on the level of the minimum subsistence amount. The minimum subsistence amount is determined by the Act on the Minimum Living and Subsistence Amount, No. 110/2006 Coll.
Income and social situation of an applicant are not a criterion for appointment of a lawyer to provide a legal service.
Consequences of a decision on appointment of a lawyer
A decision on appointment of a lawyer does not substitute a power of attorney.
Where a lawyer is appointed by the Czech Bar Association to provide a legal service to an applicant, such applicant shall be entitled to use such legal service of an appointed lawyer under the conditions stipulated in the decision on appointment of a lawyer to provide a legal service and an obligation to provide a legal service specified in the decision to an applicant under the conditions specified in the decision arises to a lawyer, unless conditions exist for refusal to provide a legal service according to § 19 of the Act on the Legal Profession, or in the case that clear unjust enforcement or protection of a right is involved.
When practising the legal profession, a lawyer is independent; he is bound by legal regulations and, within their frame, by client’s instructions. The Czech Bar Association does not interfere with activities of lawyers, nor with lawyer-client relationship. A lawyer is exclusively responsible for a provided legal service to a client.
A lawyer is appointed by the Czech Bar Association to provide one specific legal service to a client. Provision of general legal aid is not ensured in this manner.
Cancellation of appointment
Appointment of a lawyer to provide a legal service shall be cancelled if there are grounds for refusal of provision of a legal service by a lawyer to an applicant according to § 19 of the Act on the Legal Profession.
Appointment may be cancelled under the conditions stipulated in § 18, par. 2 (clearly unreasonable enforcement or protection of rights), § 18, par. 4 (if the grounds for which a lawyer was appointed by the Bar cease to exist), § 20, par. 2 (an applicant’s failure to cooperate, impairment of necessary trust between a lawyer and a client).
A lawyer may be appointed to provide one and the same legal service to an applicant only once, except for case when a lawyer refused to provide a legal service to an applicant referring to § 19 of the Act on the Legal Profession.
Right to appoint a representative by a court according to special legal regulations
Should a legal service consist in representation of an applicant in civil proceedings and should an applicant request provision of a legal service free of charge, an applicant shall submit the final decision of a court on rejection of an application for appointment of a representative according to § 30 of the Civil Procedure Code.
In the case of criminal proceedings, an injured person has the right to the legal aid of a representative as guaranteed in § 51a of the Criminal Procedure Code.
A resolution on rejection of an application for appointment of a representative is not required in the case of proceedings before the Constitutional Court, where appointment of a representative by a court is no possible under the law.
JUDr. Martin Vychopeň
Chairman of CBA
represented under the authorization by
JUDr. Irena Schejbalová
Director of CBA branch in Brno