BAR ACT
(Unofficial restated wording)
The Official Gazette of the Republic of Slovenia, No. 18-817/1993, dated 9 April 1993, Official Gazette of the Republic of Slovenia, No. 24-1465/1996, dated 10 May 1996 – Decision by the Constitutional Court, Official Gazette of the Republic of Slovenia, No. 24-1455/2001, dated 5 April 2001, Official Gazette of the Republic of Slovenia, No. 54/08, dated 2 June 2008, Official Gazette of the Republic of Slovenia, No. 35/09, dated 8 May 2009.
I. BASIC PROVISIONS
Article 1
The Bar as a part of justice shall be an autonomous and independent service.
Lawyers and/or lady lawyers (hereinafter: lawyer) shall be engaged in the Bar as a free-lance profession.
The right to the law practice shall be acquired with admission to the Bar. Law firms shall also be entered in the Bar referred to in the previous sentence.
Article 2
Within the scope of his law practice the lawyer shall give legal advice, represent and defend his clients in courts and in front of other authorities, draw up documents and act on his clients’ behalf in their legal relationships.
Unless otherwise provided by the law, it is exclusively by the lawyer that a client may be represented in courts against remuneration.
Article 2.a
A foreign lawyer who has acquired the right to practise his profession in his parent country may perform in the Republic of Slovenia, under the terms and conditions specified herein, the following services:
– Lawyer’s services,
– Legal profession appertaining to the professional title acquired in his parent country,
– Legal profession appertaining to the professional title of “lawyer”.
A parent country is the country where the lawyer is entitled to practise his legal profession under the professional title acquired under the regulations of the respective country.
Pursuant to this Act, a lawyer from a foreign country that is member of the European Union is the lawyer who is entitled to practise his legal profession in one of the member countries of the European Union under the professional title acquired in compliance with the regulations of the respective country.
Article 3
The lawyer shall be autonomous and independent in his practice.
Article 4
The lawyer may practise his profession individually or within a law firm, in compliance with the provisions hereof.
The lawyer may practise his profession also on the basis of an employment relationship with a lawyer or a Law Firm (hereinafter: employed lawyer).
The provisions hereof relating to an individual lawyer shall also apply to a law firm, unless otherwise provided herein.
II. LAWYERS’ RIGHTS AND OBLIGATIONS
Article 5
The lawyer shall freely decide whether to assume the representation of a client who has addressed himself to him.
The lawyer shall refuse the representation if he has represented the opposing party in the same case, if the opposing party has been represented by a lawyer working in the same law office or if as an employed lawyer, prospective entrant or pupil he worked with a lawyer representing the opposing party, if in the same case he acted as judge, attorney general, authorised official of the internal affairs authorities or as official in administrative proceedings and in other cases specified by the law.
The lawyer shall freely decide whether he shall be included in the list of defence counsels ex officio or the list of lawyers offering pro bono legal aid services. If the lawyer decides to be included in either list, he may not refuse the representation of a client if he is, according to the law, assigned by a court as defence counsel ex officio or as a provider of pro bono legal aid services. In such cases, the lawyer may refuse the representation only if reasons exist due to which he is obligated to refuse the representation or for other justified reasons.
If the president of the competent court establishes that the lists of lawyers referred to in the previous paragraph are insufficient for exercising the institution of advocacy ex officio or pro bono legal aid, the court shall appoint a lawyer alphabetically from all the lawyers admitted to the Bar comprising a regional assembly organised in the territory of the respective district court. In such cases, the lawyer may refuse the representation only if reasons exist due to which he is obligated to refuse the representation.
The lawyer may at any time propose to the Bar Association deletion from the list referred to in the third paragraph hereof. After filing a proposal for deletion, the lawyer shall act for the respective client for another 30 days, if he is required to prevent any damage that the client might incur in this time.
The lists of lawyers referred to in the third paragraph hereof shall be kept by the Bar Association and the latter shall be obligated to submit them to all courts and notify of any changes thereof.
Article 6
The lawyer shall respect the confidentiality of all information entrusted to him by his client.
The duty referred to in the preceding paragraph shall also be binding upon other persons working in the law office.
Article 7
The lawyer shall not be subject to detention in criminal procedure, introduced against him for suspicion of criminal offense, committed at practising the legal profession, without preliminary consent of the Senate of three judges of a higher court, established on the territory of the court of first instance where the procedure is conducted.
The ordinance of detention shall be communicated by the court to the Bar Association of Slovenia.
Article 8
An investigation of the law office shall be permitted only subject to an ordinance of the competent court and only with reference to the records and objects explicitly stated in the ordinance of investigation. The investigation shall not affect the confidentiality of other documents and objects.
Present at the investigation of the law office shall be a representative of the Bar Association of Slovenia.
Article 9
The Bar Association of Slovenia shall insure the lawyer against responsibility for damage that the client might incur with reference to the law practice. The insurance shall cover the damage arising from gross negligence, error or dereliction of duty of the lawyer and his employees.
The prime shall be paid out of the lawyer’s insurance fee to the Bar Association.
Insurance companies shall be obligated to conclude an insurance contract according to the provisions hereof.
Article 9.a
Prior to admission to the Bar, the lawyer shall submit to the Bar Association evidence of concluded contract on fiduciary account management.
Article 10
Notwithstanding the provisions of other laws stipulating the submission of personal data to personal data managers and users, the national authorities, the authorities of self-governing local communities and the holders of public authorisations shall be obligated to provide the lawyer free of charge the data needed for practicing the legal profession in a respective case, within 15 days of receiving a written request of the lawyer, without the consent of the data subject.
The lawyer shall not have the right referred to in the preceding paragraph, if reference is made to the personal data, according to specific legal provisions accessible only to authorized bodies.
Article 11
The lawyer shall have the right to use, within the scope of the law and his power of attorney, any appeal which he considers useful to the client he is representing.
At representation of the client the lawyer shall act conscientiously, honestly, with due diligence and in compliance with the rules of professional conduct.
Article 12
The power of attorney may be any time cancelled by both the client and the lawyer.
Upon cancellation of the power of attorney the lawyer shall act for the respective client for another month, if he is required to prevent from any damage that the client might incur in this time.
The duty referred to in the preceding paragraph shall not be binding upon the lawyer if the power of attorney is cancelled by the client.
Article 13
The lawyer is not obliged to return the power of attorney to the client, whereas the client is entitled to require that the cancellation of the power of attorney be noted on the power of attorney by himself.
Article 14
Upon termination of representation, the lawyer shall hand out to the client the original copies of his documents and records, including those acquired in compliance with Article 10 hereof.
If the lawyer’s performance and costs remain unpaid, the lawyer shall have the right to order for himself at the client’s cost the transcription of the documents required for identification of the payment for his performance and costs.
The lawyer shall not be obliged to hand out to the client the draft records, client’s letters to the lawyer nor other confidential letters and proofs about both the effected and still outstanding payments. On the client’s demand and at his costs the lawyer shall hand out to him the respective transcriptions.
The lawyer shall keep the records for five years upon termination of the client’s representation. Upon the lapse of this time, he shall destroy them in the presence of a commission in the way specified by the by-laws of the Bar Association of Slovenia.
Article 15
The lawyer shall apply his seal and his signature to every application and document drawn up by him.
Article 16
During representation of clients, the lawyer may be replaced by a lawyer from the same law office and within the limits of the law by a prospective entrant or pupil employed with him (substitution). The lawyer shall not need the client’s consent for such replacement.
Except in the cases referred to in the preceding paragraph, substitution by an other lawyer shall only be acceptable for individual process tasks, unless explicitly objected to it by the client.The prospective entrant and the pupil shall prove their identity with the identification card.
Article 17
The lawyer shall be entitled to the payment for his performance and to the reimbursement of costs related to the performed task, according to the lawyer’s fee.
The lawyer shall be entitled to higher payment for his performance than deserving according to the lawyer’s fee, if so agreed with the client in writing.
In property related matters, the lawyer may agree with the client on such payment that instead of the payment according to the lawyer’s fee he may claim at maximum a 15 per cent share of the amount awarded to the client by the court.
The agreement referred to in the second and third paragraph hereof shall be made in writing and separate from the authorisation and other agreements.
Article 18
The lawyer shall have the right to retain from the amounts of money received for his client the amount of the agreed payment and costs for his performance. The lawyer shall issue to his client a statement of account.
Article 19
The lawyer’s fee shall be adopted by the Bar Association in agreement with the Minister of Justice.
Article 20
At decision-making on specification of payment and compensation of costs incurred through lawyer’s representation in procedures, courts and other bodies shall use the lawyer’s fee. The payment and the costs shall be accounted according to the lawyer’s fee in force on the decision date, unless otherwise provided by the lawyer’s fee for individual cases.
Article 21
Incompatible with legal profession are:
1. Practising of other job, save in the fields of science, teaching, art or journalism;
2. Practising of paid civil service;
3. Running of a notary’s office;
4. Performance of executive function in a company or other legal person that is not included in Article 35 herein;
5. Performance of other jobs contrary to good reputation and independence of the legal profession.
The lawyer shall be entitled to inform the public about his activity under the condition that the information is material, conscientious and not misleading and that it is consistent with the confidentiality obligation and with ethical requirements applying to the practising of legal profession.
The lawyer’s personal publicity in any media form, for instance print, radio, television, electronic commercial communications or otherwise, is permissible only to the extent necessary for fulfilling the requirements referred to in the previous paragraph.
Article 21
Incompatible with legal profession are:
1. Practising of other job, save in the fields of science, teaching, art or journalism;
2. Practising of paid civil service;
3. Running of a notary’s office;
4. Performance of executive function in a company or other legal person that is not included in Article 35 herein;
5. Performance of other jobs contrary to good reputation and independence of the legal profession.
The lawyer shall be entitled to inform the public about his activity under the condition that the information is material, conscientious and not misleading and that it is consistent with the confidentiality obligation and with ethical requirements applying to the practising of legal profession.
The lawyer’s personal publicity in any media form, for instance print, radio, television, electronic commercial communications or otherwise, is permissible only to the extent necessary for fulfilling the requirements referred to in the previous paragraph.
Article 21. a
Permitted forms of informing the public about performing legal practice are especially the following:
– publication of data about the domain of the lawyer’s activity or recognised specialisation and about the address and working hours of the law office;
– informing the public about the start and place of operation or relocation of a law office;
– informing the public about joint professional operation of the partners.
Prohibited forms of informing the public about performing legal practice are especially the following:
– stating financial data about own turnover and performance;
– any commercial participation in the media contrary to the previous paragraph;
– stating the lawyer’s references about the number of won litigations and other cases, the number of clients and their relevance, participation in high-profile cases, the complexity of solved cases;
– reference to previous activity, functions or position;
– reference to influential connections and acquaintances;
– providing untrue or misleading data about own work;
– presenting advertising gifts for the purpose of client solicitation;
– co-operating with third parties with the aim of advertising the lawyer or Law Firm.
Article 22
The lawyer shall practise his legal profession virtually and permanently.
If the lawyer is elected or appointed to a public office requiring professional engagement, his legal profession shall be suspended for the term of his office. If the lawyer is referred to or participates in an international mission to perform tasks in the sphere of economy, defense, culture, science, information or other sphere within the competence of such mission and this participation is incompatible with the reputation of the legal profession or if the lawyer works for an international organisation of which the Republic of Slovenia is a member, his legal profession shall be suspended for such term.
In the case referred to in the preceding paragraph as well as in other cases when the lawyer for justified reasons cannot practise his legal profession for a longer period of time, the lawyer shall agree with some other lawyer about general substitution or about temporary take-over of his law office and shall inform the Bar Association of Slovenia thereof.
If prior to the take-up of the public office and/or in due time the lawyer fails to act in compliance with the provision of the preceding paragraph, the person temporarily taking over his office shall be appointed by the Bar Association of Slovenia.
Article 23
The lawyer shall be free to choose and change his registered office and shall prior to each changing of location inform the Bar Association of Slovenia thereof.
The lawyer may have a subsidiary of his law office in the Republic of Slovenia, if the subsidiary is managed by another lawyer in his employment.
A Law Firm may establish a subsidiary outside its headquarters, if the subsidiary is managed by another partner or a lawyer employed at the Law Firm.
The lawyer or the Law Firm shall inform the Bar Association about the establishment of a subsidiary in 30 days of establishment and prior to the commencement of operations.
Article 24
When practising his legal profession in the court the lawyer shall wear an official gown.
The type of the official gown and the examples of wearing it shall be specified by the Minister of Justice.
III. RIGHT OF PRACTISING THE LEGAL PROFESSION
Article 25
The legal profession can be practised by everybody who fulfills the following terms and conditions:
1. To be a citizen of the Republic of Slovenia,
2. To be business active,
3. To hold the professional title stated below in the Republic of Slovenia or to have completed equal education abroad recognised according to the law regulating the recognition and evaluation of education:
– professional title of University Bachelor of Law,
– professional title of Bachelor’s and Master’s Degree in Law,
– professional title of Master’s Degree in Law based on uniform master’s study programme,
4. To have passed the state examination of legal profession,
5. To have four years’ practical experience as a University Bachelor of Law, of which at least one year after having passed the state examination of legal profession with a lawyer or a Law Firm, in court, the state prosecutor’s office, the public attorney’s office or notary’s office, as a regular employee under a full-time employment contract,
6. To have an active command of the Slovenian language,
7. To be reliable for practising the legal profession,
8. To dispose of equipment and premises required and suitable for practising the legal profession.
9. To have passed a test of knowledge of the law regulating the legal profession, lawyer’s fee and the Code of Conduct with the Bar Association.The contents and the procedure of the test referred to in item 9 of the previous paragraph shall be prescribed by the Minister of Justice. The Bar Association may previously, 30 days from receiving the notice, submit an opinion on the contents and the procedure of the test.Article 26 – deleted
(Act on Modifications and Amendments of the Bar Act – Official Gazette of the Republic of Slovenia, No. 24-1455/2001).
Article 27
Who has been condemned for criminal offense for which he has been morally undeserving to practise the legal profession, or who behaves in the way that it can be justly inferred from his acts that he will not practise his legal profession fairly and conscientiously, shall not be considered reliable for practising the legal profession.
If the application for admission to the Bar is rejected for the reasons specified in the preceding paragraph, no new application for entry can be entered before the lapse of two years after the effective date of the rejective decision.
If the application for admission to the Bar is filed by a person subject to criminal procedure due to intentional criminal offense prosecuted on the official duty, the decision on the admission to the Bar shall be postponed till the effect of the decision under the above procedure.
Article 28 – abrogated
(Decision by the Constitutional Court of the Republic of Slovenia, Official Gazette of the Republic of Slovenia No. 24-1465/1996).
Article 29
In case of subsequent discovery of the facts indicating that at entry the lawyer failed to fulfill the conditions specified by the law, the procedure for admission to the Bar shall be resumed irrespective of the time interval.
If with reference to the data collected in the preceding and resumed procedure the preceding decision needs to be replaced by a new one under which admission to the Bar is not allowed, the preceding decision shall become null and void and the admission to the Bar with posterior effect shall be revoked.
Article 30
The lawyer shall be disbarred:
1. If he dies;
2. If he declares in writing that he does not want to practise the legal profession any more;
3. If he is sentenced by an effective judgment to a punishment of six month imprisonment or to a more severe punishment in case of an intentional criminal offense prosecuted under official duty;
4. In case of protective or security measure imposed upon him as prohibition to practise the legal profession;
5. If he is engaged in activities that are incompatible with good reputation and independence of the lawyer (Article 21);
6. If without justified reason he has not practised the legal profession for more than one year;
7. If he is discovered not to comply any more with the legally prescribed terms and conditions for practising the legal profession;
8. If the admission to the Bar has become null and void;
9. In case of imposition of a disciplinary measure involving deprivation of the right to practise the legal profession;
10. If the Law Firm is terminated subject to the completed bankruptcy or liquidation procedures or if the lawyer withdraws from the Law Firm and within one month does not proceed by practising his legal profession individually or as a partner to some other Law Firm.
11. If he concludes an employment contract, except an employment contract with a lawyer or Law Firm.
12. (deleted)
A foreign lawyer entitled to practise his legal profession in the Republic of Slovenia under the professional title from his parent country shall also be disbarred if he is no more entitled to practise his legal profession in his parent country.
Article 31
The Roll shall be kept by the Bar Association of Slovenia.
The Roll shall consist of:
– The Roll of lawyers – citizens of the Republic of Slovenia,
– The Roll of foreign lawyers entitled to practise their legal profession in the Republic of Slovenia under the professional title of “lawyer”,
– The Roll of foreign lawyers entitled to practise their legal profession under the professional title from his parent country.
The admission to the Bar and/or the disbarring shall be subject to the decision of the body specified by the by-laws of the Bar Association of Slovenia, in the administrative procedure.
No appeal shall be filed against the decision of the body referred to in the preceding paragraph.
The decision issued in the procedure of admission to the Bar and/or disbarring shall be sent by the body referred to in the second paragraph hereof to the Ministry of Justice within fifteen days after being issued.
The Ministry of Justice may commence a civil administrative litigation against the decision referred to in the preceding paragraph, if it involves the breach of the law to the benefit of the individual.
The disbarring for the reasons stated in Items 4 and 9 of the preceding article shall take place subject to a valid decision, and the disbarring for the reason stated in Para. 2 of the preceding Article shall be effected on the basis of the notice by the competent body from the lawyer’s parent country.
Article 32
Prior to the admission to the Bar the lawyer shall make the following oath in front of the President of the Bar Association of Slovenia: “I swear to observe the legal system of the Republic of Slovenia and to practise the legal profession conscientiously, honestly and with due dignity.”
On admission to the Bar the Bar Association of Slovenia shall issue to the lawyer a professional identity card.
In a foreign lawyer’s professional identity card it is necessary to enter the professional title that the foreign lawyer is entitled to use in accordance with this Act, as well as the authority he is registered with in his parent country.
Article 33
The lawyer who has been awarded the title of specialist in a certain subject or the academic title of Master of Law shall on his demand be recognized the status of specialist lawyer, provided that he has practised the legal profession and/or has held a judicial office in the claimed domain for at least five years.
The lawyer who has been elected assistant senior lecturer, associate professor or full professor of the Faculty of Law, shall be recognized the status of lawyer specialized in the legal domain where he practiced his pedagogical and scientific work, even if he does not fulfill the conditions of the five years’ practice required in the preceding paragraph.
The requirement referred to in the first paragraph of this Article shall be subject to the decision of the body referred to in the third paragraph of Article 31 hereof. There shall be no appeal against its decision.
Article 34
The lawyer may indicate with his name the legal domain for which he has been recognized the status of specialist lawyer, as well as the professional title he is entitled to use in accordance with the Act. The area of the lawyer’s specialisation shall be notified to the Bar Association.
The Bar Association shall keep a register of areas of lawyer specialisation.
III.A PERFORMANCE OF SERVICES AND PRACTICING OF LEGAL PROFESSION BY FOREIGN LAWYERS IN THE REPUBLIC OF SLOVENIA
Article 34.a
The lawyer from a foreign country that is member of the European Union shall be entered into the Roll of foreign lawyers that are allowed to practise their legal profession in the Republic of Slovenia under their professional title of “lawyer”, including all his rights and obligations associated with the practising of the legal profession, provided that it meets the terms and conditions referred to in Items 2 and 6 through 8 of Para. 1 of Article 25 hereof and provided that he passes the examination testing the knowledge of the legal order of the Republic of Slovenia.
The lawyer shall enclose to his application for entry into the Roll referred to in the preceding paragraph, the Certificate of Citizenship, the evidence that he is entitled to practise his legal profession in his parent country as well as other evidences that prove the fulfillment of the terms and conditions referred to in the preceding paragraph.
The terms and conditions referred to in Items 2 and 7 of Para. 1 of Article 25 hereof shall be proved with the certificate issued in accordance with the regulations of the lawyer’s parent country. The pieces of evidence shall not be older than three months and shall be submitted under the form of a certified translation into Slovene language.
The examination testing the knowledge of the legal order of the Republic of Slovenia, referred to in Para. 1 hereabove, shall be taken in accordance with the provisions of the act that regulates the state examination in legal profession.
Article 34.b
The lawyer from a foreign country that is member of the European Union shall be entered into the Roll of foreign lawyers that are allowed to practise their legal profession in the Republic of Slovenia under the professional title from his parent country, if he submits the certificate of being entered with the competent authority of his parent country.
The lawyer shall enclose to his application for entry into the Roll referred to in the preceding paragraph, the Certificate of Citizenship, the piece of evidence of insurance against professional liability as well as the notice and the evidences on the possible membership in law firms in his parent country or in any other country.
The lawyer entered into the Roll in accordance with the provision referred to in Para. 1 hereabove shall be exempt of the insurance referred to in Article 9 hereof in whole or in part, if he benefits, in whole or in part, from an equivalent insurance in his parent country.
In the Roll entering proceeding referred to in the first paragraph hereof, the provision of Item 8 of Para. 1 of Article 25 hereof shall apply mutatis mutandi.
The pieces of evidence referred to in Para. 1 and Para. 2 hereabove shall not be older than three months and shall be submitted under the form of a certified translation into Slovene language.
The Bar Association of Slovenia shall inform the competent authority of the lawyer’s parent country about the entry into the Roll, such as referred to in Para. 1 hereabove.
The lawyer entered into the Roll on the basis of Para. 1 hereabove shall perform his legal profession actually and permanently, thereby using his professional title from his parent country, expressed in the official language or in one of the official languages of his parent country, and indicating the authority he is entered with in his parent country.
Article 34.c
The lawyer referred to in the preceding Article may give legal advice on the legislation of his parent country, on the legislation of the European Union, on the international law and on the legislation of the Republic of Slovenia.
In the performance of lawyer’s services related to the representation of clients before the courts in the Republic of Slovenia, the lawyer referred to in the preceding Article shall cooperate with the lawyer who is entitled in the Republic of Slovenia to practise his legal profession under the professional title of “lawyer”.
The lawyer referred to in the preceding Article cannot:
– be elected into the bodies of the Bar Association of Slovenia,
– train the pupils and prospective entrants,
– be appointed the proxy of the client that is fully exempt from the payment of the costs of procedure or assistance in accordance with the Act regulating the procedure before the courts or legal assistance, or be appointed attorney ex officio.
Article 34.d
The lawyer from a foreign country that is member of the European Union shall be entered into the Roll of foreign lawyers that are allowed to practise their legal profession in the Republic of Slovenia under the professional title of “lawyer” irrespective of the terms and conditions referred to in Article 34.a hereof, provided that he has actually and permanently performed his profession in the Republic of Slovenia on the basis of Article 34.b hereof for at least three years.
In the proceeding of entering into the Roll, the prerequisite referred to in the preceding paragraph shall be proved through the submission of the list of the matters handled by the lawyer, accompanied by the respective case number, contents, time period, type and extent of activity as well as phase of the procedure, including the enclosed copies of documents, applications and protocols in the form securing the confidentiality of personal data.
The lawyer entered into the Roll on the basis of Para. 1 hereabove is entitled to use in his legal practise the professional title from his parent country, expressed in the official language or in one of the official languages of his parent country, together with the title of “lawyer”.
Article 34.e
The lawyer from a foreign country that is member of the European Union, who is not entered into the Roll of foreign lawyers on the basis of Articles 34.a, 34.b or 34.d hereabove may perform individual services appurtenant to the practise of the legal profession, such as in accordance with the provisions of Para. 1 and Para. 2 of Article 34.c. hereof.
The lawyer who intends to perform his services on the basis of the preceding paragraph shall inform the Bar Association of Slovenia thereof in writing, by submitting the piece of evidence on the qualification for practising the legal profession as well as the piece of evidence of insurance against professional liability in his parent country, whereby the provision of Para. 3 of Article 34.b hereof shall be applied mutatis mutandi. In his notice he shall state the address or indicate his proxy for services in the Republic of Slovenia.
On the basis of the notice and the pieces of evidence referred to in the preceding paragraph, the Bar Association of Slovenia shall issue to the lawyer an acknowledgment of receipt of the application for performance of services.
On the demand of the competent bodies, the lawyer referred to in Para. 1 hereabove shall submit the acknowledgment of receipt referred to in the preceding paragraph.
The lawyer from a foreign country – a member of the European Union who has been refused the entry into the Roll in the Republic of Slovenia due to the non-fulfillment of the condition referred to in Item 7 of Para. 1 of Article 25 hereof cannot perform lawyer’s services in the Republic of Slovenia.
Article 34.f
When performing his services, the lawyer referred to in the preceding Article shall consider the rules of the code of conduct applicable to lawyers in the Republic of Slovenia.
When performing individual services in the Republic of Slovenia, the lawyer shall use the professional title from his parent country, such as expressed in the official language or in one of the official languages of his parent country, thereby indicating also the professional organization that has issued him the licence for practising the legal profession in his parent country.
The lawyer referred to in the preceding paragraph shall bear the disciplinary responsibility hereunder, as if he were entered into the Roll. The disciplinary penalties and the temporary measures with a restrictive effect on the lawyer may only be imposed with the validity in the Republic of Slovenia. Instead of the disciplinary penalty of disbarring there may be imposed the prohibition of performing the services in the Republic of Slovenia.
Article 34.g
The lawyer from a foreign country other a member of the European Union who is entitled to practise the legal profession in the country other than a member of the European Union is allowed to perform lawyer’s services and/or to practise the legal profession under the terms and conditions specified herein for the lawyers from a foreign country that is a member of the European Union, in Article 34.a hereof, provided that the condition of actual mutuality has been fulfilled.
IV. LAW FIRM
Article 35
A Law Firm may be established as a civil Law Firm or as a Law Firm with the status of legal entity.
A Law Firm with the status of legal entity may be established as a company with unlimited personal liability of partners for the Law Firm’s obligations (hereinafter: Law Firm with Unlimited Liability) or as a company with limited liability of partners for the Law Firm’s obligations (hereinafter: Law Firm with Limited Liability).
Article 36
The establishment and operation of the Law Firm shall be subject to the regulations on commercial companies, unless otherwise provided by this law.
Article 37
The activity of the Law Firm shall be limited to practising the legal profession.
The merger of Law Firms with the aim of jointly performing legal practice is not permitted.
Partners in a Law Firm may only be lawyers performing legal practice in the Law Firm. Partners may not perform legal practice in other law firms.
Management of the affairs of a Law Firm cannot be entrusted to a person other than a lawyer.
A Law Firm with Limited Liability shall have at its headquarters an office where at least one partner performs legal practice.
A Law Firm shall notify the Bar Association of any change to the by-laws, partner or the person authorised for representation as well as of the establishment or closing of a subsidiary.
Article 38
The registered name of the Law Firm shall necessarily contain the surname of at least one partner with an indication that there is more than one partner, the indication of the status form and an additional indication of Law Firm, expressed with the abbreviation “o. p.”. The abbreviation “o. p.” shall not be mandatory if the registered name of the Law Firm contains the words “law firm”.
The name of a former partner may, with his consent or with his heirs’ consent, remain preserved in the registered name of the Law Firm referred to in the preceding paragraph for at maximum five years, with additional indication “former” accompanying his name.
Article 39
The intention to establish a Law Firm shall be registered with the Bar Association using a form determined by the Bar Association, enclosed with the proposal for issue of consent for entry in the Court Registry.
The application shall contain:
– the name, surname and residence of each partner and manager,
– the registered name and registered address of the Law Firm,
– the address of the subsidiary, if any,
– the name, surname and residence of the authorised representative,
– the contents of the by-laws,
– other information indicating that the conditions prescribed herein have been fulfilled,
– the statement of all partners of the Law Firm that they confirm the accuracy of the provided data under disciplinary responsibility.
After receiving the application referred to in the previous paragraph, the Bar Association shall issue consent for entry of the Law Firm into the Court Registry.
The consent may only be refused if the terms and conditions specified herein for the establishment and operation of a Law Firm have not been fulfilled.
If within two months after receiving the proposal for the issue of consent the Bar Association fails to make the decision, the consent shall be considered given.
An appeal may not be filed against the decision of the Bar Association.
Enclosed to the application for entry of the Law Firm into the Court Registry shall be the consent of the Bar Association.
The entry of the Law Firm into the Court Registry is a condition for admission to the Bar kept by the Bar Association. The decision on entry into the Court Registry shall be submitted to the Bar Association within 8 days of entry.
Article 40
In case of non-fulfillment of the terms and conditions on the organization and operation of the Law Firm, the Law Firm shall be terminated under liquidation procedure.
The termination of the Law Firm for the reasons referred to in the preceding paragraph shall be identified by the court on the proposal of any of the partners or of the Bar Association of Slovenia.
Prior to the decision about termination, the court shall impose upon the Law Firm at maximum a six month period for coordination of its organization and operation with the provisions hereof.
Article 40. a
The court shall immediately inform the Bar Association about the initiation of liquidation or bankruptcy proceedings against a Law Firm and about the deletion of a Law Firm from the Court Registry.
V. BAR ASSOCIATION
Article 41
Lawyers practising the legal profession in the Republic of Slovenia shall necessarily associate into the Bar Association of Slovenia (hereafter referred to as: Bar Association).
Article 42
The Bar Association shall pursue and discuss the problems of lawyers’ practice, it shall provide for uniform development of the Bars, it shall adopt the Code of Conduct and shall perform other tasks specified by the law.
The Bar Association shall cooperate with bar organizations of other countries. At their mutual cooperation in the proceedings for acquisition of the right to practise the legal profession in a foreign country, the Bar Association shall keep the confidentiality of the exchanged data.
Article 43
The Bar Association shall be a legal entity.
The Assembly shall be the highest body of the Bar Association.
Article 44
The by-laws of the Bar Association shall specify in detail the tasks and the organization of the Bar Association, the tasks of the Assembly and other Bar Association bodies, the participation of prospective entrants and pupils and foreign lawyers under Article 2.a herein at the operation of the Bar Association bodies, the method of providing the assets for operation of the Bar Association as well as other issues relevant for operation of the Bar Association.
The by-laws of the Bar Association shall be subject to the consent of the government of the Republic of Slovenia.
VI. PUPILS
Article 45
The person undergoing the training with a lawyer for acquiring the right to take the Common Professional Examination in compliance with the provisions specified herein and in a special law shall hold the status of a pupil.
The pupil shall undertake pupillage with a lawyer or Law Firm on the basis of a concluded employment contract.
The pupil can start his pupillage upon his entry onto the List of Pupils.
The entry onto the List referred to in the preceding paragraph shall be subject to the decision of the body referred to in the third paragraph of Article 31 hereof. There shall be no appeal against its decision.
The application for the entry onto the List of Pupils shall be attached to the statement of the lawyer or Law Firm saying that the pupil shall be employed at the law office.
On the entry onto the List of Pupils the Bar Association shall issue to the pupil his identity card.
Article 46
The pupillage shall be provided by the Bar Association.
If the pupil fails to provide for his pupillage by himself, the Bar Association shall provide him the pupillage with a lawyer or a Law Firm at the latest within three months after the effective date of the decision on the entry onto the List of Pupils.
Article 47
The lawyer shall care for professional training of his pupil and shall enable him to undergo all-round training for independent practice of his legal profession.
The pupil shall not practise his legal profession independently and in his own name.
Article 48
The time of the pupillage in a law office shall be included onto the compulsory one year’s practice specified as a prerequisite for acquisition of the right to the legal practice (Item 5 of the first paragraph of Article 25).
Article 49
The pupil shall be deleted from the List of Pupils:
1. If he declares that he is not willing to continue his pupillage in the law office;
2. If it is discovered that he does not any more comply with the terms and conditions of pupillage, such as specified by the law;
3. If he does not practise his pupillage with a lawyer without justified reason for more than three months;
4. Upon expiration of the time scheduled for pupillage in the law office;
5. If he is imposed the disciplinary measure of denying the right to pupillage in a law office.
The deletion for the reason specified in Item 5 of the preceding paragraph shall be effected on the basis of the valid decision of the disciplinary body.
VII. PROSPECTIVE ENTRANTS
Article 50
Labelled as prospective entrant may be the person who fulfills the terms and conditions specified in items 1 through 4 as well as 6 and 7 of the first paragraph of Article 25 hereof and who has acquired the consent of the lawyer or of the Law Firm where he will be employed.
Article 51
The prospective entrant may start his practice in the law office after being entered onto the List of Prospective Entrants kept by the Bar Association.
Entered onto the List of Prospective Entrants, subject to the principle of mutuality, may also be a foreign citizen, provided that he fulfills the terms and conditions specified in items 2 through 4 as well as 6 and 7 of the first paragraph of Article 25 hereof and that he has acquired the consent of the lawyer or of the Law Firm where he will be employed.
Entered onto the List of Prospective Entrants may be a citizen of an EU Member State, provided that he fulfils the terms and conditions specified in items 2 through 4 as well as 6 and 7 of the first paragraph of Article 25 hereof and that he has acquired the consent of the lawyer or of the Law Firm where he will be employed.
Article 52
The entry onto the List of Prospective Entrants shall be subject to the decision of the body referred to in the second paragraph of Article 31 hereof. There shall be no appeal against its decision.
The application for entry into the List of Prospective Entrants shall be accompanied by the declaration of the lawyer and/or Law Firm that the prospective entrant will work in the law office.
Article 53
On the entry onto the List of Prospective Entrants the Bar Association shall issue to the prospective entrant his identity card.
Article 54
The prospective entrant shall not practise the legal profession independently and in his own name.
Article 55
The prospective entrant can replace the lawyer at all tasks referred to in Article 2 hereof, but cannot replace him at representation in the Supreme Court of the Republic of Slovenia nor in the Constitutional Court of the Republic of Slovenia.
Article 56
The prospective entrant shall conclude with the lawyer a labour contract for the term of his employment in the law office.
Article 57
If the prospective entrant changes the law office, he shall not be deleted from the List of Prospective Entrants.
The prospective entrant shall inform the Bar Association of his continuation of practise in an other law office and shall enclose to his note the declaration of the lawyer and/or of the Law Firm where he will continue his practise.
Article 58
The prospective entrant shall be deleted from the List of Prospective Entrants:
1. If he declares that he is not willing to continue his practise in the law office;
2. If the lawyer cancels the Labour Contract and the prospective entrant fails to enter into a Labour Contract with an other lawyer within eight days;
3. If it is discovered that he does not any more comply with the terms and conditions of prospective entrant’s practise, such as specified by the law;
4. If he is imposed the disciplinary measure of denying the right to practise in a law office.
The deletion for the reason specified in Item 4 of the preceding paragraph shall be effected on the basis of the valid decision of the disciplinary body.
VIII. DISCIPLINARY RESPONSIBILITY, DISCIPLINARY BODIES AND DISCIPLINARY PROCEEDINGS
Article 59
The lawyer shall practise his legal profession conscientiously and shall be held responsible for the respective breaches.
The prospective entrant and the pupil shall perform their practice and/or the pupillage at the law office conscientiously and shall be held responsible for the respective breaches.
Article 60
The by-laws of the Bar Association shall specify the acts that involve the breach of duties in the practice of legal profession as well as the acts that involve the breach of conscientious practice and pupillage in the law office.
Article 61
In the disciplinary proceedings against lawyers and prospective entrants there shall be imposed the following disciplinary measures: warning, reprimand, fine and denial of the right to practise the legal profession or the practice in a law office.
In the disciplinary proceedings against pupils there shall be imposed the following disciplinary measures: warning, reprimand and denial of the right to pupillage in a law office.
Further details on the disciplinary measures shall be regulated by the by-laws of the Bar Association.
Article 61.a
A fine may be imposed within the range set by the Bar Association in a general act.
The disciplinary measure involving the denial of the right to practice and/or pupillage at the law office may be specified and imposed only in case of severe breaches at practising of legal profession, practice or pupillage at the law office due to which the lawyer is not considered reliable for practising the legal profession (see the first paragraph of Article 27).
The denial of the right to practise the legal profession may be imposed for a five year period and the denial of the right to practice and/or pupillage at a law office for a period of up to three years.
Article 61.b
In case of disciplinary proceedings introduced for breach of the duty for which it is possible to impose the disciplinary measure involving the denial of the right to practise the legal profession, practice and/or pupillage at the law office, the disciplinary body may impose on the lawyer, the prospective entrant or the pupil temporary prohibition of practising the legal profession, practice or pupillage at the law office.
The temporary prohibition may last until the conclusion of the disciplinary proceedings.
Article 61.c
The demand for the imposition of the disciplinary proceedings against a foreign lawyer that has been entered into the Roll of foreign lawyers in accordance with Article 34.b hereof shall be conveyed by the disciplinary prosecutor to the competent authority in the lawyer’s parent country.
Disciplinary bodies are obliged to enable the competent authorities of the lawyer’s parent country to participate in the proceeding with their proposals in favour of the lawyer.
Disciplinary penalties and temporary measures that impose a restriction on the lawyer’s practise may only be pronounced with validity in the Republic of Slovenia.
If the competent authority from the lawyer’s parent country temporarily or permanently deprives the lawyer of his licence for practising the legal profession, such measure involves the prohibition of practising the legal profession in the Republic of Slovenia.
The provisions hereof shall apply mutatis mutandi in the event of introduction of disciplinary proceedings against the lawyer who is also entitled to perform the legal profession in a foreign country.
Article 61.č
Disciplinary matters against the lawyer, the prospective entrant and/or the pupil shall be subject to the decision of the Disciplinary Committee, except in the matters which in compliance with the provisions specified herein fall under the competence of the Disciplinary Board.
In front of the Disciplinary Committee and in the Disciplinary Board, the charge shall be represented by the disciplinary prosecutor, except in cases referred to in the third paragraph of Article 64 herein.
The President and the members of Disciplinary Committees of the first and the second instances as well as the disciplinary prosecutor shall be elected by the Assembly of the Bar Association out of the lawyers for the term specified by the by-laws of the Bar Association.
The Senate of the Disciplinary Committees of the first and the second instances that decides on disciplinary matters shall consist of the President and two members. The President and one member of the Senate of the Disciplinary Committees of the first and the second instances shall be elected by the Assembly of the Bar Association according to the previous paragraph, whereas one member of the Senate of the Disciplinary Committees of the first and the second instances shall be selected by the Bar Association from a list of five members who are nominated for the committee by the Minister of Justice from among the lawyers who are Bachelors of Law and have at least three years of practical experience in the legal profession after having passed the state examination of legal profession.
Further details about the disciplinary bodies referred to in the first paragraph hereunder shall be specified by the by-laws of the Bar Association.
Article 62
Disciplinary matters due to the breach of the legal duties for which it is possible to deny the right to practise the legal profession, practice and/or the pupillage at the law office shall be subject to the decision of the Disciplinary Board in the Senate that consists of two judges of the Supreme Court of the Republic of Slovenia and of three lawyers. The President of the Senate shall be a judge.
An appeal against the decision of the Disciplinary Board referred to in the preceding paragraph may be filed and shall be subject to the decision of the Supreme Court of the Republic of Slovenia in the Senate of five judges.
Unless otherwise provided herein, the procedure in the Disciplinary Board shall mutatis mutandis follow the provisions of the Criminal Procedure Act.
Article 63
Both judges who are the President and the member of the Disciplinary Board Senate shall be appointed in advance with the annual time schedule of activities of the Supreme Court of the Republic of Slovenia. The lawyers, members of the Senate, shall be elected by the Assembly of the Bar Association for a two year term.
The President and the members of the Disciplinary Board Senate shall have deputies who shall act as the President and the members whenever due to separation or any other justified reason they cannot perform their offices. The deputies shall be appointed and/or elected in the same way as the President and the members of the Senate.
The members of the Senate from among lawyers and their deputies cannot hold any other offices in the Bar Association bodies nor can they be employed in the expert team of the Bar Association.
Article 63.a(deleted)
Article 64
The disciplinary prosecutor shall require the introduction of the disciplinary proceedings if he is informed, based on the initiative of the affected party, the Human Rights Ombudsman or in other manner, of the facts and evidence on the basis whereof it is possible to soundly infer that the lawyer and/or the prospective entrant or the pupil has violated his duty, no later than within 30 days of receiving the notification of the violation.
At the request of the President of the Supreme Court of the Republic of Slovenia or the Minister of Justice, the disciplinary prosecutor shall require the introduction of the disciplinary proceedings no later than within 30 days of receiving the request.
If the disciplinary prosecutor abandons the disciplinary proceedings, he shall notify thereof the President of the Supreme Court of the Republic of Slovenia or the Minister of Justice within eight days and instruct them of their possibility to continue the disciplinary proceedings by themselves. The President of the Supreme Court of the Republic of Slovenia or the Minister of Justice may continue the proceedings within eight days of receiving the message from the disciplinary prosecutor.
In his demand for introduction of the disciplinary proceedings, the disciplinary prosecutor shall specify the breach of duty as well as state the facts and propose evidence to be submitted for their identification.
Article 64.a
Once the Disciplinary Committee of the first instance receives the demand of the disciplinary prosecutor for introduction of the disciplinary proceedings, it shall send it to the lawyer and/or to the prospective entrant or the pupil against whom the demand has been filed, so that the latter can make a reply to the statements of the demand within 15 days.
Upon the receipt of the reply from the person to whom the demand for introduction of the disciplinary proceedings refers or after the expiry of the deadline for replying to the demand for introduction of the disciplinary proceedings, the President of the Disciplinary Committee of the first instance shall order a preliminary investigation, if required, or schedule a hearing in no more than 30 days.
The invitation to the hearing shall be served to the person against whom the disciplinary proceedings have been introduced at least 15 days prior to the scheduled date of the hearing.
Article 64.b
The Disciplinary Committee of the first instance shall pass the decision upon the oral trial.
The oral trial shall not be public, except at the explicit demand of the lawyer and/or the prospective entrant or the pupil against whom the disciplinary proceedings have been in progress.
The decision of the Disciplinary Committee of the first instance shall be made in writing within 30 days of the oral trial.
Article 64.c
An appeal against the decision of the Disciplinary Committee of the first instance may be filed within 15 days.
The appeal may be filed by the lawyer and/or by the prospective entrant or by the pupil subject to the disciplinary proceedings and by the disciplinary prosecutor. If the lawyer is acquitted, the President of the Supreme Court of the Republic of Slovenia or the Minister of Justice shall be entitled to an appeal if the proceedings have been in progress on his request.
The appeal shall, no later than within 60 days of receipt, be decided by the Disciplinary Committee of the second instance at a meeting without oral trial.
Article 65
Further details on the proceedings in front of the Disciplinary Committee shall be regulated by the by-laws of the Bar Association.
A final decision of the Disciplinary Committee of the first or second instance or the Disciplinary Board shall be sent to the Bar Association for execution and entry into the record of pronounced disciplinary measures as well as to the Minister of Justice.
The decisions of the disciplinary bodies of the Bar Association shall be enforceable.
The Bar Association shall keep a record of pronounced disciplinary measures which, for the purpose of using the data in disciplinary proceedings in the introduction or imposition of disciplinary measures, contains the following data from final decisions about pronounced disciplinary measures:
– name and surname of the lawyer and/or the prospective entrant or the pupil,
– registered address of the law office,
– number and date of the decision,
– pronounced disciplinary measure.
The disciplinary record shall be kept permanently.
The funds from paid fines shall be used for the purposes specified in the by-laws of the Bar Association.
Aricle 65.a(deleted)
Article 66(deleted)
Article 67(deleted)
Article 68
(deleted)
Article 68.a
(deleted)
Article 68.b
(deleted)
Article 68.c
(deleted)
Article 68.č
(deleted)
Article 68.d
(deleted)
Article 68.e
(deleted)
Article 68.f
(deleted)
Article 68.g
(deleted)
Article 69
(deleted)
Article 70
(deleted)
Article 71(deleted)
VIII.A PENAL PROVISIONS
Article 71.a
A fine of at least EUR 20,000 shall be imposed for an offense upon a legal entity other than a legal firm hereunder, if performing services referred to in the second paragraph of Article 2 hereof against remuneration.
A fine of at least EUR 3,000 shall be imposed for an offense upon a legal entity other than a legal firm hereunder, if performing services referred to in the second paragraph of Article 2 hereof against remuneration.
A fine of at least EUR 800 shall be imposed for an offense upon a natural person that contrary to the provision of the second paragraph of Article 1 hereof performs the services referred to in the second paragraph of Article 2 hereof against remuneration.
A fine of at least EUR 800 shall be imposed for an offense upon a foreign lawyer that performs lawyer’s services or practises his legal profession in the Republic of Slovenia contrary to the provisions of chapter III.A hereof.
The fine referred to in the first, second, third and fourth paragraph hereunder shall be imposed by the Market Inspectorate of the Republic of Slovenia.
Article 71.b
A fine of at least EUR 10,000 shall be imposed upon the lawyer or Law Firm who advertises his/its activity contrary to Articles 21 and 21.a hereof.
A fine of at least EUR 3,000 shall be imposed upon the responsible person of a Law Firm who advertises his activity contrary to Articles 21 and 21.a hereof.
The fine referred to in the first and second paragraph hereunder shall be imposed by the Market Inspectorate of the Republic of Slovenia.
XI. TRANSITIONAL AND FINAL PROVISIONS
Article 72
The Bar Association shall match the by-laws and other general enactments of the Bar Association with the provisions specified in this Law within six months after its enforcement.
Article 73
The lawyers admitted to the Bar on the basis of the existing regulations shall continue working in compliance with the provisions specified herein.
The lawyers referred to in the preceding paragraph as well as the persons who are in compliance with the provision of Article 76 hereof entitled to be admitted to the Bar in compliance with the regulations in force shall not be subject to the provision of Article 28 hereof.
The lawyers active in legal aid services can continue practising the legal profession if they manage to coordinate their organization and operation with the provisions of this Law within six months after its enforcement.
By the enforcement of the Law that will regulate the proceedings in Labour and Social Courts, the persons hired or employed by Trade Union Organizations for representation of their members in labour and social disputes shall have the right to represent in the courts competent for the respective disputes, even upon the enforcement of this Law, even if not lawyers, provided that they comply with the terms and conditions specified in Items 1 through 4 of the first paragraph of Article 25 hereof.
Article 74
With reference to the provisions of the third paragraph of Article 5, the third paragraph of Article 25 and Article 28 hereof, the practice and/or office of the public prosecutor shall be made equal with those of the state prosecutor.
Article 75
By the enforcement of the law regulating the state examination in legal profession it shall be considered that the person having passed the Common Professional Examination or any other examination by law identical with the Common Professional Examination, shall be considered to comply with the term and condition referred to in Item 4 of the first paragraph of Article 25 hereof.
Article 76
The applications for admission to the Bar filed prior to the enforcement of this law, but not yet answered, shall be treated and accepted for admission to the Bar on the basis of the regulations in force hitherto.
A civil administrative litigation may be filed against the decision whereunder the persons referred to in the preceding paragraph are refused admission to the Bar.
Article 77
The person at the enforcement of this Law entered into the List of Pupils shall continue his practice as prospective entrant, provided that he has passed the Common Professional Examination.
The person referred to in the preceding paragraph who has not passed the Common Professional Examination shall continue his pupillage in compliance with the regulations in force hitherto.
The prospective entrant referred to in the first paragraph hereinabove and the pupil referred to in the preceding paragraph shall be entitled to apply for admission to the Bar under the terms and conditions specified in the preceding Article.
The Bar Association shall issue the identity cards on the entry into the List of Prospective Entrants and the List of Pupils at the latest within one month after the enforcement of this Law.
Article 78
The person who has been disbarred for election or appointment to a professional government office prior to the enforcement of this Law shall have his status restored under official duty.
The person referred to in the preceding paragraph shall be considered to have his practice of the legal profession suspended (Article 22).
The Bar Association shall issue the ordinance referred to in the first paragraph hereinabove at the latest within one month after the enforcement of this Law.
Article 79
The provision of Article 24 hereof shall be brought into use on the day of application of the provisions relating to the official gowns of judges and state prosecutors.
Article 80
On the effective date of this Law the Lawyers shall cease to be subject to the provisions of Articles 36 and 41 of the Law of Pupillage, Professional Examinations and Improvement of Professional Qualification of Employees in State Administration and Justice (Official Gazette of the Socialist Republic of Slovenia, No. 8/80 and 27/85).
Article 81
Till the adoption of regulations on commercial companies the establishment and operation of a Law Firm shall be subject to the regulations in force for enterprises.
Article 82
On the effective date of this Law the Law of Legal Aid shall become null and void (Official Gazette of the Socialist Republic of Slovenia, No. 23/79).
FINAL PROVISION
(In accordance with the provisions of the Act on Modifications and Amendments of the Bar Act – Official Gazette of the Republic of Slovenia, No. 24-1455/2001)
Article 17
This Act shall enter in force on the fifteenth day upon its publication in the Official Gazette of the Republic of Slovenia, except for the provisions of Articles 2 and 3 as well as 5 through 15 hereof that shall enter in force on the day of full membership of the Republic of Slovenia in the European Communities active within the scope of the European Union.
Act Amending and Supplementing the Bar Act – ZOdv-B (Official Gazette of the RS, no. 54/08) contains the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS
Article 47
The Bar Association shall align the by-laws and other general enactments of the Bar Association with the provisions specified herein at the first Assembly meeting after the enforcement of this Act.
Article 48
This Act shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The provision of Article 7 hereof shall be brought into use on 1 January 2009.
Pupils who have started their pupillage prior to the entry into force of this Act shall complete the pupillage according to the then existing provisions.
The disciplinary proceedings against the lawyers, prospective entrant or pupils that were started before the entry into force of this Act shall be completed according to the then existing rules, unless the new rules are more favourable to them.
The persons meeting the conditions to practise the legal profession by the enforcement of this Act may file a proposal for admission to the Bar kept by the Bar Association within one year of the enforcement of this Act according to the then applicable conditions specified in Article 25 of the Bar Act (Official Gazette of the RS, no. 18/93, 24/96 – decision of the Constitutional Court and 24/01).
The proposals for admission to the Bar filed prior to the enforcement of this Act and within one year afterwards shall be decided by the Bar Association according to the then applicable Bar Act.
The lawyers already admitted to the Bar on the day this Act enters into force and the Law Firms already entered in the Court Registry on the day this Act enters into force shall fulfil the conditions referred to in Article 9 of the Act within one year of the enforcement hereof. The lawyers and the Law Firms shall be obligated to send the evidence of change in insurance to the Bar Association within one year of the enforcement hereof.
Act Amending and Supplementing the Bar Act – ZOdv-C (Official Gazette of the RS, no. 35/09) contains the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS
Article 14
The disciplinary proceedings against the lawyers, prospective entrant or pupils that were started before the entry into force of this Act shall be completed according to the then existing rules, unless the new rules are more favourable to them.
Article 15
The lawyers and the Law Firms who have already had concluded insurance of professional liability on the day this Act enters into force shall submit to the Bar Association evidence of insurance within 15 days of the enforcement hereof.
Article 16
The lawyers and the Law Firms shall submit to the Bar Association evidence of a concluded contract on fiduciary account management within three months of the enforcement hereof.
Article 17
The term of office of the persons appointed and/or elected to the disciplinary bodies according to the then applicable provisions shall be terminated when new members are appointed and/or elected to such bodies.
Article 18
The provision of item 9 of the first paragraph of Article 25 of the Act shall be brought into use on 1 January 2010.
The Minister of Justice shall adopt the provision referred to in the second paragraph of Article 25 of the Act within eight months of the enforcement hereof.
Article 19
On the effective date of this Act, the Attorney’s Fee Act shall become null and void (Official Gazette of the Republic of Slovenia, no. 67/08) but shall be applied until the enforcement of the regulation on lawyer’s fee adopted based on Article 19 of the Act.
Notwithstanding the previous paragraph, the review procedure fee shall be, according to the provisions of the act regulating the public procurement procedure reviews, until the enforcement of the regulation on lawyer’s fee adopted based on Article 19 of the Act, between EUR 200 and 1,400, comprising the fee for the review procedure before the client and the National Review Commission for reviewing public procurement procedures. The fee shall include the performance of all actions in the review procedure, especially the preparation of all applications in the review procedure and participation at meetings. If the lawyer is authorised only for specific actions in the review procedure, the fee shall be reduced proportionately according to the volume of provided services, but shall not be less than EUR 50.
In review procedures where the reimbursement of fee and expenses has not yet been finally determined, the reimbursement of fee shall be determined according to the provision of the previous paragraph.
The Bar Association shall align the by-laws and other general enactments of the Bar Association with the provisions specified herein at the first Assembly meeting after the enforcement of this Act.
Article 20
This Act shall enter into force on the day following its publication in Official Gazette of the Republic of Slovenia.