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Advocate

  1. Conditions for the obtaining of an authorisation to pursue the activities of an attorney

1.
The Slovak Bar Association (hereinafter only the “Bar”) registers an applicant in the list of attorneys within two months of receipt of a written request to that end if the applicant:

  1. has full legal capacity;
  2. obtained a master’s degree (or equivalent) in law from a faculty of law of a university in the Slovak Republic or a recognised document certifying having obtained a master’s degree (or equivalent) in law from a foreign university;
  3. has at least three years of practical experience as a candidate attorney;
  4. passed the attorney examination;
  5. is a person of integrity;
  6. was not legally imposed a disciplinary penalty in the form of deletion from the list of attorneys or a disciplinary penalty in the form of deletion from the list of candidate attorneys;
  7. was not imposed a disciplinary penalty in the form of deletion from the list of commercial lawyers, a disciplinary penalty in the form of his/her removal from a notary office, distrainer office or prosecutor office, or a disciplinary penalty in the form of his/her dismissal as a judge under separate regulations;  
  8. is not, at the time of registration, an employee or has no similar employment relationships, with the exception of pedagogical, publication, literary, scientific or artistic activities, and does not pursue any activity that would be incompatible with the nature and the ethical principles of the attorney profession; 
  9. notifies the address of his/her registered office to the Bar in writing (the registered office must be in the territory of the Slovak Republic); 
  10. has an individual liability insurance policy covering damage caused in the pursuit of the attorney profession; 
  11. notifies the Bar of the method by which he/she will pursue the attorney profession, as well as of other facts necessary for the purposes of maintaining the list of attorneys as laid down in the Bar’s regulation;
  12. has taken an oath.

2.
The Bar registers an applicant in the list of attorneys within two months of receipt of a written request to that end if the applicant:

  1. is registered in the list of established euroattorneys (a euroattorney is a national of a Member State of the European Union or another state that is a state party to the Agreement on the European Economic Area, who is authorised to provide legal services independently under a professional title used in the EU Member States and state parties to the Agreement on the EEA);
  2. has taken an oath;
  3. has been providing legal services in the territory of the Slovak Republic for three years without a significant interruption (interruption resulting from the events of everyday life, normally not exceeding three weeks, does not constitute a significant interruption in the provision of legal services. The assessment of whether an interruption is significant is based on the reason, duration and number of interruptions.) and
  4. provided the legal services under letter (c) in the context of Slovak law.

3.
The Bar registers an applicant in the list of attorneys within two months of receipt of a written request to that end if the applicant:

  1. is a national of a Member State of the European Union or another state party to the Agreement on the European Economic Area;
  2. fulfilled the professional education and practical experience requirements laid down in that state for obtaining an authorisation to pursue the attorney profession independently under the relevant professional title; 
  3. passed the aptitude test (the aptitude test focuses on assessing the euroattorney’s professional knowledge of the laws of the Slovak Republic and the bylaws of the Bar) and
  4. has taken an oath.

A person acquires full legal capacity upon attaining the legal age of majority. (The legal age of majority is 18. Prior to attaining this age, a person may attain the legal age of majority by marriage.)
A person cannot be considered a person of integrity, if he/she was legally convicted of an intentional crime; in the event of a particularly serious crime, a crime of misuse of public authority, a crime of accepting bribes, a crime of bribing or a crime of indirect corruption, a person can neither be considered a person of integrity if the conviction was expunged or if that person is treated as if he/she has not been convicted of such crime. A person whose ability to perform the attorney’s duties honestly and diligently has been demonstrably challenged is also not considered a person of integrity.

A candidate attorney is a person registered in the list of candidate attorneys maintained by the Bar. A candidate attorney performs legal practice under the supervision and leadership of an attorney, partner in a general partnership, general partner in a limited partnership or an executive agent in a limited liability company with the aim of acquiring the knowledge and experience necessary for the pursuit of the attorney profession. In the course of such practice, the attorney may authorise a candidate attorney to perform individual legal service acts, which the candidate attorney performs independently. The Bar recognises the practical experience of a judge, judicial candidate, prosecutor, candidate prosecutor and notary practice as practical experience of a candidate attorney. The Bar may also recognise other legal practice as practical experience of a candidate attorney. The conditions for recognising other legal practice as practical experience of a candidate attorney shall be laid down in the Bar’s regulation.

Attorney examination is aimed at verifying whether the applicant has the required professional knowledge and qualification to pursue the attorney profession. The Chairman of the Bar invites an applicant fulfilling the statutory conditions for participating in an attorney examination to sit the examination, calling upon the candidate to pay an examination fee in the amount of €400. The attorney examination consists of a written and oral part. The written part takes place during three consecutive days. The oral part takes place during a single day, at least one but usually two weeks after the completion of the written part. The written part covers criminal law, civil law, family law or labour law and commercial law. The oral part of the examination covers the following areas: criminal substantive and procedural law, civil substantive and procedural law, family law, labour law, commercial law, administrative law, tax law, constitutional law and regulations governing the attorney profession. The Bar recognises professional judicial examination, notary examination or prosecutor examination performed in the territory of the Slovak Republic as attorney examination. The Bar may also recognise another legal examination performed in the territory of the Slovak Republic as attorney examination. The conditions for recognising another legal examination as attorney examination shall be laid down in the Bar’s regulation.

Valid insurance is required throughout the entire course of pursuing the attorney profession. If an attorney practices this profession as a partner in a company, the above obligation only applies to the company. The Bar may enter into a collective liability insurance policy covering damage caused in the pursuit of the attorney profession on behalf of attorneys registered on a list maintained by the Bar. If an attorney agrees with collective liability insurance, he/she is released from the obligation to provide the Bar with evidence of an independent insurance policy. An attorney may subsequently effectively withdraw his/her agreement with the collective insurance policy. If an attorney agrees with the insurance of his/her liability for damage under a collective insurance policy entered into by the Bar, he/she is obliged to pay premium to the Bar; the payment amount and method are agreed in the collective insurance policy or determined by a decision of the Bar’s board.

Additional information on the pursuit of the activities of an attorney

For the purposes of pursuing the attorney profession, attorneys may set up a limited liability company, a general partnership or a limited partnership that has the provision of legal services as its line of business.
A visiting euroattorney is a euroattorney providing legal services in the territory of the Slovak Republic temporarily or occasionally.
An established euroattorney is a euroattorney that provides legal services in the territory of the Slovak Republic on a permanent basis and is registered in the list of euroattorneys maintained by the Bar.
A foreign attorney is a national of a member state of the Organisation for Economic Co-operation and Development that is authorised to provide legal services in the state of registration independently and without limitation and is registered in the list of foreign attorneys maintained by the Bar.

The Bar registers an applicant in the list of foreign attorneys within two months of receipt of a written request to that end if the applicant demonstrates that he/she:

  1. is a national of a member state of the Organisation for Economic Co-operation and Development;
  2. is authorised to pursue the attorney profession independently and without limitation in the state of registration;
  3. has liability insurance covering damage that could occur in connection with the provision of legal services in the territory of the Slovak Republic;
  4. complies with the conditions of full legal capacity and integrity;
  5. has not been legally imposed a disciplinary penalty in the form of deletion from the list of attorneys or a disciplinary penalty in the form of deletion from the list of candidate attorneys;
  6. was not imposed a disciplinary penalty in the form of deletion from the list of commercial lawyers, a disciplinary penalty in the form of his/her removal from a notary office, distrainer office or prosecutor office, or a disciplinary penalty in the form of his/her dismissal as a judge under separate regulations; 
  7. is not, at the time of registration, an employee or has no similar employment relationships, with the exception of pedagogical, publication, literary, scientific or artistic activities, and does not pursue any activity that would be incompatible with the nature and the ethical principles of the attorney profession.
    An international attorney is a national of a member state of the World Trade Organization that is authorised to provide legal services in the state of registration independently and without limitation and is registered in the list of international attorneys maintained by the Bar.

The Bar registers an applicant in the list of international attorneys if the applicant demonstrates that he/she:

  1. complies with the conditions of full legal capacity and integrity; 
  2. has not been legally imposed a disciplinary penalty in the form of deletion from the list of attorneys or a disciplinary penalty in the form of deletion from the list of candidate attorneys;
  3. was not imposed a disciplinary penalty in the form of deletion from the list of commercial lawyers, a disciplinary penalty in the form of his/her removal from a notary office, distrainer office or prosecutor office, or a disciplinary penalty in the form of his/her dismissal as a judge under separate regulations; 
  4. is not, at the time of registration, an employee or has no similar employment relationships, with the exception of pedagogical, publication, literary, scientific or artistic activities, and does not pursue any activity that would be incompatible with the nature and the ethical principles of the attorney profession;
  5. is authorised to provide legal services independently and without limitation and has been providing these services in the state of registration for at least three years;
  6. is deemed a person of integrity in the state of registration and has not been legally imposed a disciplinary penalty by the relevant bar association in the state of registration;
  7. entered into a liability insurance policy covering damage caused in the pursuit of the attorney profession with an insurance company that has its registered office in the territory of the Slovak Republic.

Fees for the issuance of an authorisation to pursue the activities of an attorney

Fee for registration in the list of attorneys ..........................................................600 €
Fee for registration in the list of candidate attorneys ...............................................0 €
Fee for registration in the list of established euroattorneys ...................................600 €
Fee for registration in the list of foreign attorneys.................................................600 €
Fee for registration in the list of international attorneys.........................................600 €
Annual contribution for the activities of the Bar.....................................................216 €
Social fund contribution...................................................................................16.60 €
Professional liability insurance – depends on the amount payable under the insurance policy

Application procedure for the obtaining of an authorisation to pursue the activities of an attorney

Applicants for registration in the list of attorneys shall attach the following to their application:

A. after completing practical training of a candidate attorney and passing the attorney examination:

  1. a document demonstrating that as of registration in the list of attorneys, the applicant will not be employed (e.g. agreement on employment termination, declaration of honour);
  2. a certificate of no criminal record dating back not more than three months or data which the Bar needs to request a certificate of no criminal record.

B. applicants who were not candidate attorneys:

  1. a document certifying having obtained a master’s degree (or equivalent) in law from a faculty of law of a university in the Slovak Republic or a recognised document certifying having obtained a master’s degree (or equivalent) in law from a foreign university;
  2. request for the recognition of other legal practice within the statutory scope as mandatory practical experience of a candidate attorney, and confirmation of its duration in the event of not meeting the statutory requirement of mandatory practical experience in law;
  3. evidence of passing the attorney examination or another examination which the Bar recognises as attorney examination; request for the recognition of another examination as attorney examination, if applicable;
  4. a certificate of no criminal record dating back not more than three months or data which the Bar needs to request a certificate of no criminal record;
  5. a document proving that as of registration in the list of attorneys, the applicant will not be employed (e.g. agreement on employment termination, declaration of honour).

Applicants for registration in the list of established euroattorneys shall attach the following to their application:

  1. a document confirming citizenship of a Member State of the European Union or another state party to the Agreement on the European Economic Area (a copy of the passport),
  2. authorisation to pursue the attorney profession independently in the state of registration under one of the professional titles applicable in the Member States of the EU and of the Agreement on the EEA (document of professional examination);
  3. a liability insurance policy covering damage that could occur in connection with the provision of legal services in the territory of the Slovak Republic;
  4. declaration of honour that there are no pending disciplinary or criminal proceedings against the applicant in the state of registration;
  5. a certificate of no criminal record in the relevant state of origin (dating back not more than 3 months) and a certificate of no criminal record in the Slovak Republic (dating back no more than 3 months);
  6. the original or a certified photocopy of confirmation from the relevant EU Member State that the applicant is registered in a bar association;
  7. address of the applicant’s registered office in the Slovak Republic, where he/she will pursue the attorney profession.

Applicants for registration in the list of foreign attorneys shall attach the following to their application:

  1. evidence of citizenship of a member state of the Organisation for Economic Co-operation and Development (a copy of the passport);
  2. authorisation to provide legal services in the state of registration independently and without limitation (document of professional examination);
  3. a liability insurance policy covering damage that could occur in connection with the provision of legal services in the territory of the Slovak Republic4.  declaration of honour that in the state of registration the applicant has not been legally imposed a disciplinary penalty and there are no pending disciplinary or criminal proceedings against him/her; 
  4. declaration of honour that the applicant is not an employee and has no similar employment relationships;
  5. certificate of no criminal record in the Slovak Republic;
  6. address of the applicant’s registered office in the Slovak Republic, where he/she will pursue the attorney profession.

Applicants for registration in the list of international attorneys shall attach the following to their application:

  1. evidence of citizenship of a member state of the World Trade Organisation (a copy of the passport);
  2. authorisation to provide legal services in the state of registration independently and without limitation (document of professional examination);
  3. a liability insurance policy covering damage that could occur in connection with the provision of legal services in the territory of the Slovak Republic;
  4. declaration of honour that in the state of registration the applicant has not been legally imposed a disciplinary penalty and there are no pending disciplinary or criminal proceedings against him/her; 
  5. declaration of honour that the applicant is not an employee and has no similar employment relationships;
  6. certificate of no criminal record in the Slovak Republic;
  7. address of the applicant’s registered office in the Slovak Republic, where he/she will pursue the attorney profession.

Application forms:

or applicant can send the application directly to the competent oorgan.

Electronic forms can be found at this link (press "Enter the portal"). Information about electronic procedures can be found here.

 

 

Links

Related legislation:

  • Act No. 586/2003 Coll. on advocacy and on the amendment of Act No. 455/1991 Coll. on licensed trade (the Trades Act) as amended
  • Act No. 513/1991 Coll., the Commercial Code, as amended
  • Act No. 40/1964 Coll., the Civil Code, as amended

Competent organ:

Slovenská advokátska komora (the Slovak Bar Association)    
Kolárska 4                                                              
813 42  Bratislava
Phone No.: 02/5296 15 22
Fax: 02/5296 15 54
E-mail: office@sak.sk
Web: http://www.sak.sk