Attorneys act

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(Unofficial consolidated version No. 8)
(Intervention of the Constitutional Court decision regarding the manner of implementation of this Act)

The unofficial consolidated version of the Attorneys Act comprises:
– Attorneys Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 18/93 of 9 April 1993),
– Decision abrogating Article 28 of the Attorneys Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 24/96 of 10 May 1996),
– Act Amending the Attorneys Act – ZOdv-A (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 24/01 of 5 April 2001),
– Act Amending the Attorneys Act – ZOdv-B (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 54/08 of 2 June 2008),
– Act Amending the Attorneys Act – ZOdv-C (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 35/09 of 8 May 2009),
– Act Amending the Attorneys Act – ZOdv-D (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 97/14 of 30 December 2014),
– Decision establishing that the Criminal Procedure Act and the Attorneys Act are inconsistent with the Constitution and Decision establishing a violation of human rights (Official Gazette of the Republic [Uradni list RS], No. 8/16 of 5 February 2016),
– Act Amending the Attorneys Act – ZOdv-E (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 46/16 of 30 June 2016),
– Act Amending the Attorneys Act – ZOdv-F (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 36/19 of 7 July 2019).

I. BASIC PROVISIONS

Article 1

Attorneyship shall be an autonomous and independent service within the justice system.

Attorneys shall practise the legal profession as a liberal profession.

The right to practise as an attorney shall be acquired by entry in the register of attorneys. Law firms shall also be entered in the register referred to in the preceding sentence.

Article 1a

This Acts facilitates the effective exercise of freedom to provide attorney services and facilitates legal profession practice on a permanent basis in a Member State other than that in which the qualification was obtained, in accordance with:

  • Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17), as last amended by Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368; hereinafter: Directive 77/249/EEC) and
  • Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36), as last amended by Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368; hereinafter: Directive 98/5/EC).

Article 2

An attorney practising the legal profession shall provide legal advice, represent and defend clients in courts and other state authorities, draw up documents and represent clients in their legal relations.

Only an attorney may represent a client in a court against payment, unless otherwise provided by an Act.

An attorney from a foreign country may represent a client in the courts and other state authorities of the Republic of Slovenia subject to the principle of reciprocity. (Deleted)

Article 2a

Foreign attorneys who have acquired the right to practise as an attorney in their country of origin may engage in the following activities in the Republic of Slovenia under the conditions laid down by this Act:

  • provide attorney services under the professional title of their country of origin in accordance with the Directive 77/249/EEC;
  • practise as an attorney under the professional title of their country of origin in accordance with the Directive 77/249/EEC;
  • practise as an attorney under the title of “attorney” (in Slovenian: odvetnik).

An attorney’s country of origin shall be the country in which they are entitled to practise as an attorney under the professional title obtained under the regulations of that country.

In accordance with this Act, an attorney from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation shall be entitled to practise as an attorney in any of the Member States of the European Union, European Economic Area or in the Swiss Confederation under the professional title obtained under the regulations of that country.

Article 3

Attorneys shall be independent and autonomous in the performance of their duties.

Article 4

Attorneys may practise their legal profession on their own or as part of a law firm in accordance with the provisions of this Act.

Attorneys may also practise their legal profession under an employment contract concluded with another attorney or a law firm (hereinafter: employed attorney).

The provisions of this Act referring to attorneys as individuals shall also apply to law firms, unless otherwise provided by this Act.

II. RIGHTS AND DUTIES OF ATTORNEYS

Article 5

Attorneys shall freely decide whether to undertake the representation of a client who has approached them.

Attorneys shall refuse to undertake such representation if they have represented the opposing party in the same case, if the opposing party has been represented by an attorney working in the same law office, if they have worked as an employed attorney, candidate attorney or trainee attorney with an attorney representing the opposing party, or if they have acted in the same case as judge, state prosecutor, authorised official of law enforcement authorities or as an official in administrative proceedings, and in other cases provided by an Act.

Attorneys shall freely decide whether to be included in the list of defence counsels appointed ex officio or the list of attorneys providing free legal aid. If they decide to be included in either list, they may not refuse the representation of a client if they are assigned by a court as defence counsel ex officio or as a provider of free legal aid in accordance with an Act. In such cases, the attorney may refuse the representation only if reasons exist due to which they are obliged to refuse the representation, or for any other justified reasons.

If the president of the competent court establishes that the lists of attorneys referred to in the preceding paragraph are insufficient for implementing the legal institutes of representation ex officio or free legal aid, the court shall assign an attorney by alphabetical order from among all the attorneys entered in the register of attorneys and comprising the regional assembly set up in the territory of the respective district court. In such cases, attorneys may refuse representation only if reasons exist due to which they are obliged to refuse the representation.

An attorney may request the Bar Association of Slovenia at any time to be removed from the lists of attorneys referred to in paragraph three of this Article. After submitting a request for removal, the attorney shall be obliged to act for the respective client for another 30 days if this is required to prevent any damage that the client might incur during this time.

The lists of attorneys referred to in paragraph three of this Article shall be kept by the Bar Association of Slovenia, which shall be obliged to submit them to all courts and notify them of any changes thereof.

Article 6

Attorneys shall respect the confidentiality of all information entrusted to them by their clients.

The obligation referred to in the preceding paragraph shall also be binding upon other persons working in the law office.

Article 7

An attorney may not be detained in criminal proceedings initiated against them for suspicion of a criminal offence committed while performing the profession of attorney without the prior permission of a panel of three judges of a second instance court competent for the territory of the first instance court before which the proceedings are pending.

The court shall notify the Bar Association of Slovenia of such detention order.

Article 8

A law office may only be searched on the basis of a search warrant issued by the competent court. Only documents and items explicitly referred to in the search warrant may be subject to the search. The confidentiality of other documents and items may not be compromised in the search.

A representative of the Bar Association of Slovenia shall be present during the search of a law office.

Article 9

The Bar Association of Slovenia shall insure attorneys against liability for damages that the client might incur in relation to the attorney’s practice of the legal profession. The insurance shall cover damage arising from gross negligence, error or omission of professional duty of attorneys and their employees.

The insurance premium shall be paid out of the attorney’s insurance fee paid to the Bar Association of Slovenia.

Insurance companies shall be obliged to conclude an insurance contract in accordance with the provisions of this Article.

Article 9a

Before entry in the register of attorneys, attorneys shall submit to the Bar Association of Slovenia evidence of a concluded agreement on fiduciary account management.

Article 10

Notwithstanding the provisions of any other Acts regulating the transmission of personal data to personal data controllers and users, state authorities, authorities of self-governing local communities and holders of public authority shall provide attorneys the data they need for the performance of their duties in a specific case free of charge within 15 days of receiving a written request, without the consent of the data subject.

Attorneys shall not have the right referred to in the preceding paragraph if personal data are involved which are only accessible to authorised authorities in accordance with specific legal provisions.

Article 11

Attorneys shall be entitled to employ any legal remedy which they consider useful to the client they represent within the limits of the law and their authorisation.

In representing clients, attorneys shall act conscientiously, fairly and with due diligence, and in accordance with the principles of professional conduct for attorneys.

Article 12

The authorisation may be cancelled at any time by both the client and the attorney.

Upon cancellation of the authorisation by the attorney, the attorney shall be obliged to act for the client for another month if this is required to prevent any damage that the client might incur during this time.

The attorney shall not be bound by the obligation referred to in the preceding paragraph if the authorisation is cancelled by the client.

Article 13

The attorney shall not be obliged to return the authorisation to a client and the client shall be entitled to make their own note of cancellation of the authorisation on the authorisation document.

Article 14

Upon termination of representation, the attorney shall hand over to the client the original copies of the client’s documents and records, including those obtained in accordance with Article 10 of this Act.

If the attorney’s performance and costs of representation remain unpaid, the attorney shall have the right, at the client’s expense, to make their own transcripts of the documents required for determining the payment for their performance and costs.

The attorney shall not be obliged to hand over to the client the draft records, client’s letters to the attorney or any other confidential documents and proof of both the effected and still outstanding payments. At the client’s request and expense, the attorney shall hand over the respective transcripts.

The attorney shall keep records for five years after the termination of the client’s representation. After the expiry of this period, the attorney shall destroy them in the presence of a commission in the manner laid down by the statutes of the Bar Association of Slovenia.

Article 15

Attorneys shall apply their seal and signature to every submission and document drawn up by them.

Article 16

During the representation of clients, an attorney may be substituted by an attorney from the same law office and, within the limits of an Act, by a candidate attorney or trainee attorney employed with them (substitution). The attorney shall not need the client’s consent for such substitution.

Except in the cases referred to in the preceding paragraph, substitution by another attorney shall only be allowed for the provision of specific procedural tasks, provided the client raises no explicit objections.

Candidate attorneys and trainee attorneys shall prove their identity by means of an identity card.

Article 17

Attorneys shall be entitled to payment for their performance and to the reimbursement of costs related to the performed tasks in accordance with the attorney tariff.

Attorneys shall be entitled to a higher payment for their performance than laid down in the attorney tariff, if so agreed with the client in writing.

In property law matters, the attorney may agree with the client that instead of payment according to the attorney tariff, they shall receive as payment a maximum of a 15 percent share of the amount awarded to the client by the court.

The agreement referred to in paragraph two or three of this Article shall be concluded in writing and shall be separate from the authorisation and other agreements.

An attorney appointed ex officio and an attorney providing free legal aid shall be entitled to payment for their performance amounting to half the amount specified in the attorney tariff. In the case of ex officio representation of a client or in the case of free legal aid provision, any agreements referred to in paragraph two of this Article shall be deemed null and void.

Article 18

Attorneys shall have the right to withdraw the amount of the agreed payment and costs for their performance from the amounts of money received for their client. The attorney shall issue an itemised statement of account to the client.

Article 19

The attorney tariff shall be adopted by the Bar Association of Slovenia upon the prior approval of the minister competent for justice.

Article 20

Courts and other state authorities shall use the attorney tariff in determining the fee for legal representation and compensation of costs incurred in proceedings.

The fee and the costs shall be calculated according to the attorney tariff applicable on the decision-making date, unless otherwise provided by the attorney tariff for particular cases.

Article 21

The practice of the legal profession shall be incompatible with the following:

  1. performance of another professional activity, with the exception of activities in the fields of science, education, art or publishing;
  2. performance of paid public office;
  3. performance of a notary’s office;
  4. performance of a managerial position in a company or any other legal entity not included in Article 35 of this Act;
  5. performance of any other activities that damage the integrity and independence of the legal profession.

Attorneys shall be entitled to inform the public about their performance of attorney services, provided that the information is material, faithful and not misleading, and that it is consistent with the obligation of confidentiality and complies with the ethical requirements of practising the legal profession.

An attorney’s personal publicity in any media form, such as the press, radio, television, electronic commercial communications or otherwise, shall be allowed only insofar as it complies with the requirements set out in the preceding paragraph.

Article 21a

Permitted forms of informing the public about the performance of attorney services shall include in particular:

  • publishing information concerning the field of the attorney’s practice or recognised specialist qualification, and concerning the address and business hours of the law office,
  • informing the public of the opening of a law office, its place of business or its relocation,
  • Informing the public of a joint professional practice of partners.

Prohibited forms of informing the public about the performance of attorney services shall include in particular:

  • disclosing financial data about the attorney’s turnover and performance,
  • any commercial appearance in the media contrary to paragraph one of Article 21a of this Act,
  • stating the attorney’s references regarding the number of litigations and other cases won, the number of clients and their importance, participation in high-profile cases and the complexity of resolved cases,
  • making reference to earlier activities, functions or positions,
  • claiming influential connections and acquaintances,
  • providing false or deceptive information about the attorney’s performance,
  • offering promotional gifts for the purpose of client solicitation,
  • cooperating with third parties with the aim of advertising the attorney or the law firm.

Article 22

Attorneys shall practise their legal profession de facto and permanently.

If an attorney is elected or appointed to a public office in a professional capacity, the practice of their legal profession shall be suspended for the term of such office. If the attorney is posted to or participates in an international mission to perform tasks in the economic, defence, cultural, scientific, information and other areas within the competence of such mission, and if their participation is not incompatible with the integrity of the legal profession, or if the attorney works for an international organisation of which the Republic of Slovenia is a member, the practice of the attorney’s legal profession shall be suspended for the period of performance of these tasks.

In the case referred to in the preceding paragraph and in any other cases where the attorney cannot practise the legal profession for a longer period of time for justified reasons, they shall agree with another attorney on a general substitution or a temporary take-over of their law office and shall notify the Bar Association of Slovenia thereof.

If the attorney fails to act in accordance with the provision of the preceding paragraph prior to assuming a public office or in due time, a temporary substitute attorney for the attorney’s law office shall be appointed by the Bar Association of Slovenia.

Article 23

Attorneys shall be free to choose and change their registered place of business, but shall notify in advance the Bar Association of Slovenia of any change of location.

Attorneys may open a branch office of their law office in the Republic of Slovenia, provided this branch office is managed by an attorney employed with them.

A law firm may establish a branch office outside its registered place of business provided such branch office is managed by a partner attorney or an attorney employed with the law firm.

The attorney or the law firm shall notify the Bar Association of Slovenia of the establishment of a branch office within 30 days of its establishment and prior to the commencement of operation.

Article 24

Attorneys shall wear court dress when practising their legal profession in court.

The type of court dress and the occasions on which it must be worn shall be prescribed by the minister competent for justice.

III. RIGHT TO PRACTISE THE LEGAL PROFESSION

Article 25

Anyone who meets the following conditions may be an attorney:

  1. be a citizen of the Republic of Slovenia, other Member State of the European Union, European Economic Area or the Swiss Confederation;
  2. have contractual capacity;
  3. hold a professional title in the Republic of Slovenia as stated below or have obtained an equivalent qualification abroad, as recognised in accordance with the Act governing the recognition and evaluation of education:
  4. professional title of University Bachelor of Law,
  5. professional titles of (University) Bachelor’s and Master’s Degree in Law,
  6. professional title of Master’s Degree in Law based on a second-cycle Bologna master’s programme,
  7. have passed the state law examination,
  8. have four years’ practical experience as a University Bachelor of Law, at least one year of which, after having passed the state law examination, shall be with an attorney or a law firm, in court, the state prosecutor’s office, the state attorney’s office, Slovene Bar Association or in a notary’s office as a full-time employee under a full-time contract or for a proportionally longer period of time as a part-time employee in an employment relationship,
  9. have an active command of the Slovenian language,
  10. be deemed worthy of the trust required to practise the legal profession,
  11. have equipment and premises required and suitable for practising the legal profession,
  12. have passed an examination to test knowledge of the Act governing attorneyship, the Attorney Tariff and the Code of Professional Conduct for Attorneys with the Bar Association of Slovenia.

The contents and the procedure of the examination referred to in point 9 of the preceding paragraph shall be prescribed by the minister competent for justice. The Bar Association of Slovenia may submit its preliminary opinion on the contents and the procedure of the examination within 30 days of receipt of notice.

One year’s practical experience with a notary shall be deemed equal to one year’s practical experience with an attorney. (Deleted)

A person who has not completed at least one year’s practical experience in a law office shall be deemed to have fulfilled the condition referred to in point 5 of paragraph one of this Article if they have held the office of court judge, state prosecutor or state attorney for at least five years. (Deleted)

A foreign citizen who has acquired the right to practise the legal profession under the regulations of their country of origin shall be, subject to the principle of reciprocity, entered in the register of attorneys who may practise the legal profession before the national authorities of the Republic of Slovenia, provided that:

  1. they have passed the examination to test knowledge of the legal system of the Republic of Slovenia as laid down by a special Act,
  2. they have an active command of the Slovenian language.

(Deleted)

The Bar Association of Slovenia shall keep a separate register of foreign attorneys. (Deleted)

Article 26

(Deleted)

Article 27

Anyone sentenced for a criminal offence that renders them morally unworthy to practise the legal profession, or from whose conduct it may be reasonably inferred that they will not practise the legal profession fairly and conscientiously, shall be deemed unworthy of the trust required to practise the legal profession.

If an application for entry in the register of attorneys is rejected for the reasons referred to in the preceding paragraph, no new application for entry may be submitted before the lapse of two years after the final decision of rejection.

If an application for entry in the register of attorneys is submitted by a person against whom criminal proceedings for a premeditated criminal offence prosecuted ex officio have been instituted, the decision on entry in the register of attorneys shall be postponed until the final decision in such proceedings is passed.

Article 28

(Abrogated)

Article 29

If subsequently established facts indicate that an attorney failed to meet the conditions laid down by an Act at the time of their entry in the register of attorneys, the procedure for entry in the register of attorneys shall be repeated notwithstanding the lapse of time.

Should the information gathered in the earlier and repeated procedures indicate that the previous decision needs to be replaced with a new one disallowing entry in the register, the previous decision shall be annulled and the entry revoked with effect in futurum.

Article 30

An attorney shall be removed from the register of attorneys:

  1. in the event of death;
  2. if they declare in writing that they are no longer willing to practise the legal profession:
  3. if they are sentenced by a final judgment to six months imprisonment or to a more severe punishment for a premeditated criminal offence prosecuted ex officio;
  4. if a preventive measure is imposed on them prohibiting them from practising the legal profession;
  5. if they engage in activities that are incompatible with the integrity and independence of the attorney (Article 21);
  6. if they have not practised the legal profession for more than a year without a justified reason;
  7. if it is established that they no longer fulfil the legally prescribed conditions for practising the legal profession;
  8. if their entry in the register of attorneys has been annulled;
  9. if a disciplinary measure has been imposed on them suspending the right to practise the legal profession;
  10. if the law firm ceases to exist following the conclusion of bankruptcy or liquidation proceedings, or if the attorney withdraws from the law firm but does not continue practising the legal profession on their own or as a partner in another law firm within one month;
  11. if they conclude an employment contract, except an employment contract with an attorney or a law firm;
  12. (Deleted).

A foreign attorney who is entitled to practise the legal profession in the Republic of Slovenia under the professional title of their country of origin shall also be removed from the register of attorneys if they have lost the right to practise the legal profession in their country of origin.

Article 31

The register of attorneys shall be kept by the Bar Association of Slovenia.

The register of attorneys shall consist of:

  • the register of attorneys who meet the conditions referred to in paragraph one of Article 25 of this Act;
  • the register of foreign attorneys entitled to practise their legal profession in the Republic of Slovenia under the professional title of “attorney”;
  • the register of foreign attorneys who are entitled to practise their legal profession in the Republic of Slovenia under the professional title of their country of origin.

The body defined in the statutes of the Bar Association of Slovenia shall decide on the entry in or removal from the register of attorneys in administrative proceedings.

There shall be no appeal against the decision of the body referred to in the preceding paragraph.

The registration fee for entry in the register of attorneys and its amount shall be determined by the statutes of the Bar Association of Slovenia.

The decision issued in the procedure of entry in or removal from the register of attorneys shall be sent by the body referred to in paragraph three of this Article to the ministry competent for justice within 15 days of its issuing.

The ministry competent for justice may initiate an administrative dispute against the decision referred to in the preceding paragraph if it constitutes a breach of an Act to the benefit of the individual.

Removal for the reasons referred to in points 4 and 9 of the preceding Article shall take place on the basis of a final decision, and removal for the reason referred to in paragraph two of the preceding Article shall take place on the basis of a notification from the competent authority of the attorney’s country of origin.

On its website, the Bar Association of Slovenia shall keep and publish a list of attorneys removed from the register of attorneys for the reasons stated in points 3, 4 or 9 of paragraph one of the preceding Article, or for the reason stated in paragraph two of the preceding Article. The attorney’s personal name including the reason for their removal shall be published on the website for one year after removal.

Article 32

Before entry in the register of attorneys, an attorney shall take the following oath in front of the president of the Bar Association of Slovenia: “I swear to respect the legal system of the Republic of Slovenia and practise the legal profession conscientiously, fairly and with dignity.”

The Bar Association of Slovenia shall issue to the attorney a professional identity card upon their entry in the register of attorneys.

The identity card of a foreign attorney shall indicate the professional title that they are entitled to use in accordance with this Act and the authority with which they are registered in the country of origin.

Article 33

An attorney who has been awarded the title of specialist in a certain field of specialisation or the title of Master of Law shall be granted the status of specialist attorney at their request, provided that they have practised the legal profession or held a judicial office in the field for which they have submitted such request for at least five years.

An attorney who has been elected assistant senior lecturer, associate professor or full professor at a faculty of law shall be granted the status of specialist attorney in the legal field in which they have performed teaching and scholarly work, even if they do not meet the condition of five years’ practical experience referred to in the preceding paragraph.

The body referred to in paragraph three of Article 31 of this Act shall decide on the request referred to in paragraph one of this Article. There shall be no appeal against such decision.

Article 34

Attorneys may indicate next to their name the legal field in which they have been granted the status of specialist attorney and the professional title they are entitled to use in accordance with this Act. Attorneys shall provide notification of their field of specialisation to the Bar Association of Slovenia.

The Bar Association of Slovenia shall keep a register of attorneys’ fields of specialisation.

IIIA. PROVISION OF LEGAL SERVICES AND PRACTICE OF LEGAL PROFESSION BY FOREIGN ATTORNEYS IN THE REPUBLIC OF SLOVENIA

Article 34a

An attorney from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation shall be entered in the register of foreign attorneys who may practise their legal profession in the Republic of Slovenia under the professional title of “attorney”, including all the rights and duties associated with the practising of the legal profession, provided they meet the conditions referred to in point 2 and points 6 to 8 of paragraph one of Article 25 of this Act and provided they pass the examination to test knowledge of the legal system of the Republic of Slovenia.

The attorney shall enclose with the application for entry in the register referred to in the preceding paragraph a certificate of citizenship, evidence that they are entitled to practise the legal profession in their country of origin, and any other evidence of meeting the conditions referred to in the preceding paragraph.

Evidence of meeting the conditions referred to in points 2 and 7 of paragraph one of Article 25 of this Act shall be provided in the form of a certificate issued under the regulations of the attorney’s country of origin. Documents used as evidence may not be older than three months and shall be submitted in the form of a certified translation into the Slovenian language.

The examination to test knowledge of the legal system of the Republic of Slovenia referred to in paragraph one of this Article shall be taken in accordance with the provisions of the Act governing the state law examination.

Article 34b

An attorney from a foreign country which is a Member State of the European Union European Economic Area or the Swiss Confederation shall be entered in the register of foreign attorneys who may practise their legal profession in the Republic of Slovenia under the professional title obtained in their country of origin if they submit a certificate of registration with the competent authority of their country of origin.

An application for entry in the register referred to in the preceding paragraph shall be accompanied by a certificate of citizenship, evidence of professional liability insurance and notification and evidence of any membership in law firms in the attorney’s country of origin or in any other country.

Attorneys entered in the register in accordance with paragraph one of this Article shall be wholly or in part exempt from the conclusion of insurance referred to in Article 9 of this Act, if they are insured wholly or in part under an insurance scheme equivalent in terms of conditions and coverage in their country of origin .

The provision of point 8 of paragraph one of Article 25 of this Act shall be applied mutatis mutandis to the procedure of entry in the register referred to in paragraph one of this Article.

The evidence referred to in paragraphs one and two of this Article may not be older than three months and shall be submitted in the form of a certified translation into the Slovenian language.

The Bar Association of Slovenia shall notify the competent authority of the attorney’s country of origin of entry in the register referred to in paragraph one of this Article.

An attorney entered in the register pursuant to paragraph one of this Article shall practise the legal profession de facto and permanently and use the professional title obtained in their country of origin, expressed in the official language or in one of the official languages of their country of origin, together with an indication of the authority with which they are registered in the country of origin.

Article 34c

Attorneys referred to in the preceding Article may provide legal advice on the legislation of their country of origin, the legislation of the European Union, international law and the legislation of the Republic of Slovenia.

In the provision of attorney services related to the representation of clients in the courts of the Republic of Slovenia, attorneys referred to in the preceding paragraph shall cooperate with an attorney who is entitled to practise the legal profession under the title of “attorney” in the Republic of Slovenia.

Attorneys referred to in the preceding Article may not:

  • be elected to the bodies of the Bar Association of Slovenia;
  • train trainee attorneys or candidate attorneys;
  • be appointed counsel to a client who is wholly exempt from the payment of the costs of proceedings or of legal aid in accordance with the Act governing proceedings in courts or legal aid, or be appointed counsel ex officio.

Article 34č

Attorneys from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation shall be entered in the register of foreign attorneys who may practise their legal profession in the Republic of Slovenia under the title of “attorney” notwithstanding the conditions referred to in Article 34a of this Act, provided that they have de facto and permanently practised the legal profession in the Republic of Slovenia pursuant to Article 34b of this Act for at least three years.

In the procedure of entry in the register of attorneys, proof of compliance with the condition referred to in the preceding paragraph shall be provided by the submission of a list of cases handled by the attorney, accompanied by their reference numbers, content, time period, type and scope of bar practice and stages of proceedings, along with the enclosure of copies of documents, submissions and records in a form ensuring protection of the confidentiality of personal data.

In practising the legal profession, an attorney entered in the register on the basis of paragraph one of this Article shall be entitled to use the professional title of their country of origin, expressed in the official language or in one of the official languages of the country of origin, together with the title of “attorney”.

Article 34d

An attorney from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation who is not entered in the register of foreign attorneys pursuant to Articles 34a, 34b or 34č of this Act may provide individual services pertaining to the practice of the legal profession in accordance with the provisions of paragraphs one and two of Article 34c of this Act.

An attorney who intends to provide services on the basis of the preceding paragraph shall notify thereof the Bar Association of Slovenia in writing and submit evidence of their qualification to practise the legal profession and evidence of their professional liability insurance concluded in their country of origin, subject to mutatis mutandis application of the provision of paragraph three of Article 34b of this Act. The notification shall indicate the address or the person authorised for the service of documents in the Republic of Slovenia.

On the basis of notification and evidence referred to in the preceding paragraph, the Bar Association of Slovenia shall issue to the attorney a certificate of registration for the provision of services.

At the request of the competent authorities, the attorney referred to in paragraph one of this Article shall submit the certificate of registration referred to in the preceding paragraph.

An attorney from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation who has been refused entry in the register of attorneys for failure to meet the condition referred to in point 7 of paragraph one of Article 25 of this Act may not provide attorney services in the Republic of Slovenia.

Article 34e

In providing legal services, an attorney referred to in the preceding paragraph shall follow the rules of professional conduct applicable to attorneys in the Republic of Slovenia.

In providing legal services in the Republic of Slovenia, the attorney shall use the professional title of their country of origin, expressed in the official language or one of the official languages of their country of origin, together with an indication of the professional organisation which has issued to them a licence to practise the legal profession in their country of origin, or the court where the attorney is entitled to practise the legal profession under the regulations of that county.

Attorneys referred to in the preceding paragraph shall be liable to disciplinary action under this Act only for the breaches committed while preforming individual services, as if they had been entered in the register of attorneys. If the competent authority requests the institution of disciplinary proceedings, it may for this purpose obtain all the information on the attorney required for conducting the disciplinary proceedings from the competent authority of their country of origin. The competent authorities of the of the attorney’s country of origin shall be officially notified of these decisions. Disciplinary sanctions and temporary measures that place restrictions on attorneys may be imposed only with applicability in the Republic of Slovenia. A prohibition of the provision of legal services in the Republic of Slovenia may be imposed instead of the disciplinary sanction of removal from the register of attorneys.

Article 34f

An attorney from a foreign country which is not a Member State of the European Union, European Economic Area or the Swiss Confederation  who is entitled to practise the legal profession in a country which is not a Member State of the European Union, European Economic Area or the Swiss Confederation may provide attorney’s services or practise the legal profession under the conditions laid down in Article 34a of this Act for attorneys from a foreign country which is a Member State of the European Union, European Economic Area or the Swiss Confederation subject to the principle of de facto reciprocity.

IV. LAW FIRMS

Article 35

A law firm may be established as a civil law firm or as a law firm with the status of a legal person.

A law firm with the status of legal person may be established as a company with unlimited personal liability of its partners for the law firm’s obligations (hereinafter: unlimited liability law firm) or as a company with limited personal liability of its partners for the law firm’s obligations (hereinafter: limited liability law firm).

Article 36

The regulations on commercial companies shall apply to the establishment and operation of law firms, unless otherwise provided by this Act.

Article 37

The activity of a law firm shall be limited to the practice of the legal profession.

Mergers between law firms for the purpose of joint performance of bar practice shall not be allowed.

Only the attorneys who perform bar practice in the law firm may be partners in such law firm. Partners may not perform bar practice in any other law firm.

The management of a law firm may not be entrusted to a person other than an attorney.

A limited liability law firm shall have at the address of its registered place of business an office where at least one partner performs bar practice.

A law firm shall notify the Bar Association of Slovenia of any change in the partnership agreement, partner or person authorised to represent the law firm, as well as of the establishment or closing down of a branch office.

Article 38

The company name of a law firm shall contain the surname of at least one partner with an indication that there is more than one partner, with the indication of its legal form and a further indication of it being a law firm, expressed with the abbreviation “o.p.”. This abbreviation shall not be required if the company name of the law firm contains the words “law firm” (in Slovenian: odvetniška pisarna).

A law firm may keep in its company name referred to in the preceding paragraph the name of a former partner with their consent or that of their heirs for a maximum of five years, with the further indication “former” accompanying their name.

Article 39

The intention to establish a law firm shall be registered with the Bar Association of Slovenia using a form determined by the Bar Association of Slovenia, including an application for consent to entry in the court register.

The application shall contain:

  • the name, surname and residential address of each partner and the manager,
  • the company name and registered address of the law firm,
  • the address of any branch office,
  • the name, surname and residential address of the person authorised to represent the law firm,
  • the contents of the partnership agreement,
  • (Deleted)
  • other information indicating compliance with the conditions laid down in this Act,
  • the statement of all partners of the law firm that they confirm the accuracy of the information provided, under disciplinary responsibility.

After receiving the application referred to in the preceding paragraph, the Bar Association of Slovenia shall issue its consent for entry of the law firm in the court register.

Consent may only be refused if the conditions laid down by this Act in relation to the establishment and operation of a law firm are not met.

If the Bar Association of Slovenia fails to decide on the application for consent within two months of its receipt, consent shall be deemed to have been granted.

No appeal shall be allowed against the decision of the Bar Association of Slovenia.

Consent for entry of a law firm in the court register issued by the Bar Association of Slovenia shall be enclosed with the application for entry of the law firm in the court register.

The entry of a law firm in the court register shall be the condition for its entry in the register of attorneys kept by the Bar Association of Slovenia. The decision on entry in the court register shall be submitted to the Bar Association of Slovenia within 8 days of the entry.

Article 40

If the conditions for the organisation and operation of a law firm laid down by this Act are not met, the law firm shall wind up under liquidation procedure.

The winding up of a law firm for the reasons referred to in the preceding paragraph shall be determined by a court on the proposal of any of the partners or of the Bar Association of Slovenia.

Before issuing a decision on the winding up of a law firm, the court shall set a time limit of not more than six months to the law firm to bring its organisation and operation into line with the provisions of this Act.

Article 40a

The court shall promptly notify the Bar Association of Slovenia about the initiation of liquidation or bankruptcy proceedings against a law firm and its removal from the court register.

V. BAR ASSOCIATION OF SLOVENIA

Article 41

Membership of the Bar Association of Slovenia (hereinafter: the Bar Association) shall be mandatory for attorneys practicing the legal profession in the Republic of Slovenia.

Article 42

The Bar Association shall monitor and address issues arising in relation to attorneys’ practice, strive to provide for the coordinated development of attorneyship, adopt the code of professional conduct for attorneys and perform other legally prescribed tasks.

The Bar Association shall cooperate with bar organisations in other countries. The Bar Association shall maintain the confidentiality of the data exchanged in the course of mutual cooperation in the procedures for acquisition of the right to practise the legal profession in another country.

Article 43

The Bar Association shall have the status of a legal person. The Assembly shall be the highest body of the Bar Association.

Article 44

The statutes of the Bar Association shall define in detail the tasks and organisation of the Bar Association, the tasks of the Assembly and other Bar Association bodies, the participation of candidate attorneys and trainee attorneys and foreign attorneys referred to in Article 2a of this Act in the activities carried out by the Bar Association bodies, the method of providing funds for the operation of the Bar Association, as well as other issues relevant for the operation of the Bar Association.

The statutes of the Bar Association shall be approved by the Government of the Republic of Slovenia.

VI. TRAINEE ATTORNEYS

Article 45

Any person who undergoes practical training with an attorney in accordance with the provisions of this Act and a special Act in order to acquire the right to take the state law examination shall have the status of trainee attorney.

Trainee attorneys shall undertake traineeship with an attorney or a law firm on the basis of an employment contract.

Trainee attorneys may start their practical training with an attorney after they have been entered in the register of trainee attorneys kept by the Bar Association.

The body referred to in paragraph three of Article 31 of this Act shall decide on entry in the register referred to in the preceding paragraph. No appeal shall be allowed against its decision.

An application for entry in the register of trainee attorneys shall be accompanied by a statement of the attorney or law firm that the trainee attorney will be employed in the law office.

The Bar Association shall issue an identification card to the trainee attorney upon their entry in the register of trainee attorneys.

Article 46

Traineeships for trainee attorneys shall be provided by the Bar Association.

If a trainee attorney fails to secure their own traineeship in a law office, the Bar Association shall find a trainee position for them with an attorney or a law firm not later than three months after the effective date of the final decision on their entry in the register of trainee attorneys.

Article 47

The attorney shall provide for the professional training of their trainee and enable them to undergo comprehensive training for independent practice of their legal profession.

A trainee attorney may not practise the legal profession independently and in their own name.

Article 48

The period of a trainee’s practical training in a law office shall be included in the mandatory one-year’ practical experience laid down as a condition for acquisition of the right to perform bar practice (point 5 of paragraph one of Article 25).

Article 49

Trainee attorneys shall be removed from the register of trainee attorneys:

  1. if they declare that they are not willing to continue their practical training in a law office;
  2. if it is established that they no longer meet the legally prescribed conditions for practical training in a law office;
  3. if they do not undergo practical training in a law office for more than three months without a justified reason;
  4. when the period determined for practical training in a law office has expired;
  5. if a disciplinary measure has been imposed on them suspending their right to undergo practical training in a law office.

Removal for the reason referred to in point 5 of the preceding paragraph shall be carried out on the basis of a final decision issued by a disciplinary body.

VII. CANDIDATE ATTORNEYS

Article 50

Any person who meets the conditions referred to in points 1 to 4 and points 6 and 7 of paragraph one of Article 25 of this Act and who has obtained the consent of an attorney or a law firm with whom they will be employed shall have the status of candidate attorney.

Article 51

A candidate attorney may commence work in a law office after they have been entered in the register of candidate attorneys kept by the Bar Association.

Subject to the principle of reciprocity, foreign citizens may be entered in the register of candidate attorneys if they meet the conditions referred to in points 2 to 4 and points 6 and 7 of paragraph one of Article 25 of this Act and have obtained the consent of an attorney or a law firm with whom they will be employed.

Citizens of Member States of the European Union, European Economic Area or the Swiss Confederation may be entered in the register of candidate attorneys if they meet the conditions referred to in points 2 to 4 and points 6 and 7 of paragraph one of Article 25 of this Act and have obtained the consent of an attorney or a law firm with whom they will be employed.

Article 52

The body referred to in paragraph two of Article 31 of this Act shall decide on entry in the register of candidate attorneys. No appeal shall be allowed against its decision.

An application for entry in the register of candidate attorneys shall be accompanied by a statement from an attorney or a law firm that the candidate attorney will be employed in the law office.

Article 53

The Bar Association shall issue an identification card to the candidate attorney upon their entry in the register of candidate attorneys.

Article 54

A candidate attorney may not practise the legal profession independently and in their own name.

Article 55

A candidate attorney may substitute an attorney in the performance of all tasks referred to in Article 2 of this Act, but not in representation before the Supreme Court of the Republic of Slovenia or the Constitutional Court of the Republic of Slovenia.

Article 56

A candidate attorney shall sign an employment contract with an attorney for the duration of work in a law office.

Article 57

If a candidate attorney changes law office, they shall not be removed from the register of candidate attorneys.

A candidate attorney shall notify the Bar Association of their continuation of work in a different law office and shall enclose with the notification a statement from the attorney or the law firm where they will continue to work.

Article 58

Candidate attorneys shall be removed from the register of candidate attorneys:

  1. if they declare that they are no longer willing to work in a law office;
  2. if the attorney terminates the employment contract and the candidate attorney fails to conclude an employment contract with another attorney within eight days;
  3. if it is established that they no longer meet the legally prescribed conditions for practising as a candidate attorney;
  4. if a disciplinary measure has been imposed on them suspending their right to practise in a law office.

Removal for the reason referred to in point 4 of the preceding paragraph shall be carried out on the basis of a final decision issued by a disciplinary body.

VIII. DISCIPLINARY RESPONSIBILITY, DISCIPLINARY BODIES AND DISCIPLINARY PROCEEDINGS

Article 59

Attorneys shall practise their legal profession conscientiously and shall be held responsible for any breach of duty in that regard.

Trainee and candidate attorneys shall engage in their practical training and work in law offices conscientiously and shall be held responsible for any breach of duty in that regard.

Article 60

The statutes of the Bar Association shall define the acts that constitute a breach of duty in the practice of the legal profession, as well as the acts that constitute a breach of conscientious work and practical training in a law office.

The duty of the Bar Association, its disciplinary bodies and the bodies responsible in assessing breaches of the Code of Professional Conduct for Attorneys is to ensure the effective, impartial and transparent exercise of its members’ responsibility in the event of disciplinary and ethical breaches.

The Bar Association shall publish the following data for each particular year on its website and shall update them at least every three months:

  • names of the members of disciplinary bodies and the bodies competent for assessing breaches of the Code of Professional Conduct for Attorneys;
  • the number of complaints or requests received, the number of disciplinary proceedings, the number of measures imposed or opinions issued, the number of statute-barred proceedings and the nature of measures imposed in the context of disciplinary proceedings and proceedings instituted for breaches of the Code of Professional Conduct for Attorneys;
  • final disciplinary measures imposed, including the statement of reasons, for a period of two years after the imposed measure, without the publication of personal and other protected data;
  • opinions of the bodies competent to decide on breaches of the Code of Professional Conduct for Attorneys, without the publication of personal and other protected data.

Article 61

In disciplinary proceedings instituted against an attorney or candidate attorney, the following disciplinary measures shall be imposed: a warning, a reprimand, a fine and suspension of the right to practise the legal profession or work in a law office.

In disciplinary proceedings instituted against a trainee attorney, the following disciplinary measures shall be imposed: a warning, a reprimand and suspension of the right to undergo practical training in a law office.

Disciplinary measures shall be regulated in detail by the statutes of the Bar Association.

Article 61a

A fine may be imposed within the range of fines set by the Bar Association in a general act.

The disciplinary measure of suspension of the right to practise the legal profession and suspension of the right to work or engage in practical training in a law office may be determined and imposed only in the event of severe breaches of duty in practising the legal profession, or in working or engaging in practical training in a law office, which means that the attorney is deemed unworthy of the trust required to practise the legal profession (paragraph one of Article 27).

The disciplinary measure of suspension of the right to practise the legal profession may be imposed for a period of up to five years, and the disciplinary measure of suspension of the right to work or engage in practical training in a law firm may be imposed for a period of up to three years.

Article 61b

If disciplinary proceedings are instituted for a breach of duty punishable by the measure of suspension of the right to practise the legal profession or to work or engage in practical training in a law office, the disciplinary body may temporarily prohibit the attorney, candidate attorney or trainee attorney from practising the legal profession or from working or engaging in practical training in a law office.

The temporary prohibition may last until the conclusion of disciplinary proceedings.

Article 61c

The disciplinary prosecutor shall notify the competent authority in a foreign attorney’s country of origin of the request for the institution of disciplinary proceedings against the foreign attorney who is entered in the register of foreign attorneys in accordance with Article 34b of this Act.

Disciplinary bodies shall enable the competent authorities of the foreign attorney’s country of origin to participate in the disciplinary proceedings with their proposals for the benefit of the attorney.

Disciplinary sanctions and temporary measures which restrict an attorney in the practice of their legal profession may be imposed only with applicability in the Republic of Slovenia.

If the competent authority of the attorney’s country of origin temporarily or permanently suspends the attorney’s licence to practise the legal profession, the effect of such measure shall also include the prohibition of practising the legal profession in the Republic of Slovenia.

The provisions of this Article shall apply mutatis mutandis to the institution of disciplinary proceedings against an attorney who is also entitled to practise the legal profession under that title in any other country.

Article 61č

A disciplinary committee shall decide in disciplinary matters against an attorney, candidate attorney or trainee attorney, except in matters which fall under the competence of a disciplinary tribunal in accordance with the provisions of this Act.

In the disciplinary committee or the disciplinary tribunal, the charge shall be represented by the disciplinary prosecutor, except in cases referred to in paragraph three of Article 64 of this Act.

The president and the members of the disciplinary committees of first and second instance and the disciplinary prosecutor shall be elected by the Assembly of the Bar Association from the ranks of attorneys for a period defined by the statutes of the Bar Association.

The panels of the disciplinary committees of first and second instance which decide on disciplinary matters shall consist of a president and two members. The president and one member of each panel of the disciplinary committees of first and second instance shall be elected by the Assembly of the Bar Association in accordance with the preceding paragraph, and one member of each panel of the disciplinary committees of first and second instance shall be selected by the Bar Association from the list of five members who are appointed to a particular committee by the minister competent for justice from among lawyers who are University Bachelors of Law with at least three years of practical experience in the legal profession after having passed the state law examination.

Further details on the disciplinary bodies referred to in paragraph one of this Article shall be defined by the statutes of the Bar Association.

Article 62

The disciplinary tribunal sitting as a panel of two judges of the Supreme Court of the Republic of Slovenia and three attorneys shall decide on disciplinary matters involving a breach of attorney’s duty punishable by a suspension of the right to practise the legal profession or the right to work or undergo practical training in a law office. The president of the panel shall be a judge.

An appeal against the decision of the disciplinary tribunal referred to in the preceding paragraph shall be allowed and shall be decided on by the Supreme Court sitting as a panel of five judges.

The provisions of the Act governing criminal procedure shall apply mutatis mutandis to proceedings conducted in the disciplinary tribunal, unless otherwise provided by this Act.

Article 63

The judges acting as the president and member of the disciplinary tribunal panel shall be appointed in advance under the annual work schedule of the Supreme Court. The attorneys who are members of the panel shall be elected by the Assembly of the Bar Association for a period of two years.

The president and the members of the disciplinary tribunal panel shall have deputies who shall perform their offices whenever they are unable to perform them for the reason of exclusion or any other justified reason. The deputies shall be appointed or elected in the same manner as the president and the members of the panel.

The members of the panel appointed from the ranks of attorneys and their deputies may not hold any other office in Bar Association bodies or be employed in the professional service of the Bar Association.

Article 63a

(Deleted)

VIIIA DISCIPLINARY BODIES

(Deleted)

Article 64

The disciplinary prosecutor shall request the institution of disciplinary proceedings if they are notified by a complaint from the affected party, a motion of the human rights ombudsman or in any other manner, of the facts and evidence from which it may be reasonably inferred that an attorney, candidate attorney or trainee attorney has committed a breach of duty, not later than 30 days after receipt of the notice of such breach.

At the request of the president of the Supreme Court or the minister competent for justice, the disciplinary prosecutor shall request the institution of disciplinary proceedings not later than 30 days after the receipt of such request.

If the disciplinary prosecutor abandons the disciplinary proceedings, they shall notify the president of the Supreme Court or the minister competent for justice thereof within eight days and instruct them that they are entitled to continue the disciplinary proceedings on their own. The president of the Supreme Court or the minister competent for justice may continue the proceedings within eight days of receiving such notice from the disciplinary prosecutor.

In their request for the institution of disciplinary proceedings, the disciplinary prosecutor shall specify the breach of duty and state the facts and propose the evidence to be taken to establish the facts.

Article 64a

Where the disciplinary committee of first instance receives a request from the disciplinary prosecutor for the institution of disciplinary proceedings, it shall send it to the attorney, candidate attorney or trainee attorney against whom the request has been filed, who in turn shall respond to the allegations made in the request within 15 days.

Upon receipt of a response from the person against whom the request for the institution of disciplinary proceedings has been filed, or after the deadline for responding to the request for the institution of disciplinary proceedings has expired, the president of the disciplinary committee of first instance shall order a preliminary investigation if appropriate, or schedule a hearing not later than within 30 days.

A summons to appear at the hearing shall be served on the person against whom the disciplinary proceedings have been instituted at least 15 days before the scheduled date of the hearing.

Article 64b

The disciplinary committee of first instance shall make its decision after holding an oral hearing.

The oral hearing shall not be public, except upon the specific request of the attorney, candidate attorney or trainee attorney against whom the disciplinary proceedings are conducted.

The decision of the disciplinary committee of first instance shall be issued in writing within 30 days of the oral hearing.

Article 64c

An appeal against the decision of the disciplinary committee of first instance may be filed within 15 days of receipt of the decision.

The attorney, candidate attorney or trainee attorney against whom the disciplinary proceedings are instituted, and the disciplinary prosecutor, may file an appeal against the decision. If the attorney is acquitted, the president of the Supreme Court or the minister competent for justice shall also have the right to appeal if the proceedings have been instituted at their request.

The appeal shall be decided by the disciplinary committee of second instance at a session without an oral hearing not later than 60 days after receipt of the appeal.

Article 65

Further details on proceedings conducted before a disciplinary committee shall be laid down by the statutes of the Bar Association.

A final decision of the disciplinary committee of first or second instance or the disciplinary tribunal shall be sent to the Bar Association for execution and entry in the record of imposed disciplinary measures, and to the minister competent for justice.

The decisions of the Bar Association disciplinary bodies shall be enforceable.

The Bar Association shall keep a record of imposed disciplinary measures which shall contain the following data from final decisions on imposed disciplinary measures used in disciplinary proceedings:

  • name and surname of the attorney, candidate attorney or trainee attorney,
  • registered address of the law office,
  • reference number and date of the decision,
  • imposed disciplinary measure.

The disciplinary record shall be kept permanently.

Funds from the fines paid shall be used for the purposes defined by the statutes of the Bar Association.

Article 65a

(Deleted)

Article 66

(Deleted)

Article 67

(Deleted)

VIII.B DISCIPLINARY PROCEEDINGS

(Deleted)

Article 68

(Deleted)

Article 68a

(Deleted)

Article 68b

(Deleted)

Article 68c

(Deleted)

Article 68č

(Deleted)

Article 68d

(Deleted)

Article 68e

(Deleted)

Article 68f

(Deleted)

Article 68g

(Deleted)

Article 69

(Deleted)

Article 70

(Deleted)

Article 71

(Deleted)

VIII.A. PENALTY PROVISIONS

Article 71a

A legal person other than a law firm referred to in this Act shall be fined at least EUR 20,000 for the offence of providing the service referred to in paragraph two of Article 2 of this Act against payment.

The responsible person of a legal entity other than a law firm referred to in this Act shall be fined at least EUR 3,000 for the offence of providing the service referred to in paragraph two of Article 2 of this Act against payment.

A natural person shall be fined at least EUR 800 for the offence of providing the service referred to in paragraph two of Article 2 of this Act against payment contrary to the provision of paragraph two of Article 1 of this Act.

A foreign attorney shall be fined at least EUR 800 for the offence of providing legal services or practising the legal profession in the Republic of Slovenia contrary to the provisions of Chapter IIIA of this Act.

The fines referred to in paragraphs one, two, three and four of this Article shall be imposed by the Market Inspectorate of the Republic of Slovenia.

Article 71b

An attorney or a law firm shall be fined at least EUR 10,000 for informing the public about their performance of practice contrary to Articles 21 and 21a of this Act.

The responsible person of a law firm shall be fined at least EUR 3,000 for informing the public about the performance of practice contrary to Articles 21 and 21a of this Act.

The fines referred to in paragraphs one and two of this Article shall be imposed by the Market Inspectorate of the Republic of Slovenia.

IX. TRANSITIONAL AND FINAL PROVISIONS

Article 72

The Bar Association shall harmonise its statutes and other general acts with the provisions of this Act within six months of its entry into force.

Article 73

Attorneys entered in the register of attorneys on the basis of regulations in force hitherto shall continue to practise their legal profession in accordance with the provisions of this Act.

The provision of Article 28 of this Act shall not apply to the attorneys referred to in the preceding paragraph, or to persons who are entitled, under the provision of Article 76 of this Act, to be entered in the register of attorneys in accordance with the regulations in force hitherto.

Attorneys engaged in legal aid services may continue to practise their legal profession if their organisation and operation are brought into compliance with the provisions of this Act within six months of its entry into force.

Pending the entry into force of the Act governing proceedings before labour and social courts, the persons hired or employed by trade union organisations to represent their members in labour and social disputes shall have the right to represent them in the courts competent for these disputes even after the entry into force of this Act and even if they are not attorneys, provided they meet the conditions referred to in points 1 to 4 of paragraph one of Article 25 of this Act.

Article 74

With reference to the provisions of paragraph three of Article 5, paragraph three of Article 25 and Article 28 of this Act, the practice or office of a public prosecutor shall be deemed equal to the practice or office of a state prosecutor.

Article 75

Pending the entry into force of the Act governing the state law examination, any person who has passed the bar examination or any other examination deemed equal to the bar examination by an Act shall be considered to have met the condition referred to in point 4 of paragraph one of Article 25 of this Act.

Article 76

Applications for entry in the register of attorneys submitted before the entry into force of this Act but yet to be decided shall be processed and granted in accordance with the regulations in force hitherto.

An administrative dispute shall be allowed against a decision by which persons referred to in the preceding paragraph are refused entry in the register of attorneys.

Article 77

Any person entered in the register of trainee attorneys upon the entry into force of this Act shall continue to work as a candidate attorney provided they have passed the bar examination.

A person referred to in the preceding paragraph who has not passed the bar examination shall continue their practical training as a trainee attorney in accordance with the regulations in force hitherto.

Candidate attorneys referred to in paragraph one of this Article and trainee attorneys referred to in the preceding paragraph shall be entitled to apply for entry in the register of attorneys under the conditions laid down in the preceding Article.

The Bar Association shall issue identification cards on entry in the registers of candidate attorneys and trainee attorneys not later than one month after the entry into force of this Act.

Article 78

A person who has been removed from the register of attorneys before the entry into force of this Act because of election or appointment to a state office in a professional capacity shall have their removal reversed ex officio.

The person referred to in the preceding paragraph shall be considered to have their practice of the legal profession suspended (Article 22).

The Bar Association shall issue the decision referred to in paragraph one of this Article not later than one month after the entry into force of this Act.

Article 79

The provision of Article 24 of this Act shall apply on the same day as the provisions on the court dress of judges and state prosecutors.

Article 80

As of the entry into force of this Act, the provisions of Articles 36 and 41 of the Act Regulating Traineeship, Professional Examinations and Improvement of Professional Qualification of Employees in Public Administration and Justice (Official Gazette of the Socialist Republic of Slovenia [Uradni list SRS], Nos 8/80 and 27/85) shall cease to apply to attorneys.

Article 81

Pending the adoption of the regulations on commercial companies, the regulations on enterprises shall apply to the establishment and operation of law firms.

Article 82

As of the entry into force of this Act, the Legal Aid Act (Official Gazette of the Socialist Republic of Slovenia [Uradni list SRS], No. 23/79) shall cease to be in force.

Article 83

This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.

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