Informative Notice
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Entry in the lawyers’ register
Persons and law firms meeting the conditions to practice the profession of lawyer are entered in the lawyers’ register managed by the Slovenian Bar Association.
The application is filed with the Bar Association, which, on the basis of the submitted application, enters a person or law firm in the lawyers’ register.
Upon entry in the register, the Bar Association issues a professional identity card.
Conditions
These terms apply to activity Attorneyship
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In order to perform the activity, you are obliged to register and select the appropriate status form. Lawyers can perform their work as liberal professionals or within a law firm.
- Liberal professions
Liberal professions are defined as professions requiring high qualifications implemented in person, independently and with full personal responsibility. Strict educational and professional standards are typical of liberal professions in order to ensure the quality of services. Liberal professionals are not considered entrepreneurs.
Regardless of the fact that the lawyer as a representative of a liberal profession performs a special kind of profitable activity, s/he is not a sole trader. From the taxation aspect, liberal professions are equated with other persons who perform their activity and whose income is calculated for income tax. Law firm
- A law firm
A law firm's activity is limited exclusively to performing professional services of a legal nature; only lawyers can be partners and managers. A law firm that is a legal entity can be established as a limited liability company or unlimited liability company.
A law firm can also be a taxable entity and must act according to the provisions of the Corporate Income Tax Act.The intended establishment of a law firm is applied for at the Slovenian Bar Association with a form which stipulated by the Bar Association, together with a proposal for the issue of the agreement for entry in the court register.
The application for the registration of the law firm in the court register must also include the consent of the Slovenian Bar Association on the entry in the court register.
The entry of the law firm in the court register is a condition for the entry in the lawyers register managed by the Slovenian Bar Association. The decision on the entry in the court register must be submitted to the Slovenian Bar Association within 8 days of registration.
Legal basis
- Liberal professions
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By signing a written power of attorney, a client authorises a lawyer for legal consultations, representation and to defend the client before the courts and other national authorities, the preparation of documents and to represent the client in all legal relations. A client may authorise a lawyer for one, several or all matters. A client may revoke the written power of attorney at any time; a lawyer may also terminate the power of attorney at any time.
After the termination of the power of attorney, the lawyer is obliged to provide services for the client for one consecutive month if any damages that could arise during this period have to be remedied. The obligation is not binding on the lawyer if the client revokes the authorisation.
Evidence
Written authorisation – sample
Legal basis
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A lawyer offers legal advice, represents and defends clients before courts and other state authorities, draws up documents, and represents clients in their legal relationships.
A lawyer may be a person who is entered in the lawyers’ register with the Slovenian Bar Association.
These terms apply to the profession Lawyer
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The applicant must be a citizen of the Republic of Slovenia or any other EU Member State.
A lawyer who is from a country which is not an EU Member State and has the right to pursue the profession of lawyer in a country which is not an EU Member State may pursue the profession of lawyer only if the applicant meets the condition of reciprocity and the following conditions:
- a lawyer from another country is entered in the register of foreign lawyers who may pursue the profession of lawyer in the Republic of Slovenia under the professional title of lawyer; with all the rights and obligations pertaining to the pursuit of the profession of lawyer if he or she meets the following conditions:
- he or she is legally competent,
- has an active knowledge of the Slovenian language,
- has the equipment and premises required for the pursuit of the profession of lawyer, and
- has passed the examination on the knowledge of the legal system of the Republic of Slovenia.
Evidence
The applicant shall submit a photocopy of a valid personal identity document which proves his/her nationality, or a certificate of nationality issued pursuant to the regulations of the Member State of origin.
- a lawyer from another country is entered in the register of foreign lawyers who may pursue the profession of lawyer in the Republic of Slovenia under the professional title of lawyer; with all the rights and obligations pertaining to the pursuit of the profession of lawyer if he or she meets the following conditions:
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Education:
- The applicant must acquire the professional title of univerzitetni diplomirani pravnik or diplomirani pravnik (Bachelor of Laws) (first degree of the Bologna programme) and magister prava (Master of Laws) (second degree of the Bologna programme) or
- magister prava on the basis of the long non-structured masters' study programme or
- completed equivalent education abroad recognised in accordance with the act which regulates the recognition and assessment of education.
Work experience:
The applicant must have at least four years' experience as a Bachelor of Laws, at least one year of which, after he or she passed the state legal exam, should be with a lawyer, with a law firm, court, State Prosecutor's Office, State Attorney's Office or notary's office, with a permanent employment relationship concluded with an employment contract on a full-time basis.
Evidence
For education acquired in Slovenia:
- diploma or certificate – original, certified or uncertified copy with the possibility of viewing the original.
For education acquired in the EU:
- diploma, certificate, other proofs of formal education acquired in the EU – original or certified copy, with attached certified translation into Slovenian;
- evidence of the content and course of training, which state the duration of the study programme and syllabus of the study programme, demonstrating the number of hours or credit points of individual subjects – original or certified copy with attached certified translation into Slovenian.
For years of service:
- Full-time employment contract – copy.
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The state legal examination may be taken by an individual who meets the following general conditions:
- is a national of an EU Member State and has active knowledge of the Slovenian language;
- is legally competent and in appropriate health;
- has acquired the following professional titles in the Republic of Slovenia or has completed an equivalent education abroad which is recognised in accordance with the act regulating the recognition and assessment of education:
- professional titles of univerzitetni diplomirani pravnik (Bachelor of Laws),
- diplomirani pravnik (Bachelor of Laws) and magister prava (Master of Laws),
- and magister prava on the basis of the long non-structured masters' study programme.
An applicant who has passed the professional examination to be appointed a title or professional examination for public administration is exempt in the state legal examination from being tested on constitutional organisation, organisation of justice and public administration, foundations of the legal arrangement of the European Union.
An applicant who has passed the professional examination for administrative procedure is exempt in the state legal examination from being tested on administrative law, administrative procedure and administrative disputes.
An applicant who has passed the professional examination on the basis of the Zakon o pripravništvu, strokovnih izpitih in izpopolnjevanju strokovne izobrazbe delavcev v državni upravi in pravosodju will be exempt in the state legal examination from being tested on:
- administrative law, administrative procedure and administrative disputes,
- constitutional organisation, organisation of justice and public administration, but will not be exempt from being tested on the foundations of the legal arrangement of the European Union.
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Prior to being entered in the lawyers' register, the applicant must pass an exmination of his/her knowledge of the act which regulates attorneyship, lawyers' tariffs and the Attorneys' Professional Ethics Code with the Slovenian Bar Association.
Legal basis
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Suitable premises and equipment must include at least:
- a room for the lawyer, a waiting room (which may also be the room for the secretary), telephone, fax, computer with an e-mail address, and toilet.
Legal basis
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Prior to making a decision on the entry in the register of lawyers, legal assistants and interns, the Board of Lawyers of the Association requires an opinion from the Executive Committee of the Regional Assembly of Attorneys in the territory of which the applicant lives and works as to whether the applicant can be trusted to pursue the profession of lawyer.
The condition is also verified with a certificate from the criminal records of the Ministry of Justice and public Administration of the Republic of Slovenia.
The applicant is not trustworthy to pursue the profession of lawyer if he or she has been convicted of a criminal offence due to which he or she is morally unworthy to pursue the profession of lawyer, or if he or she acts in such a way that it may be justifiably concluded that he or she will not fairly and conscientiously pursue the profession of lawyer.
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The full legal competence is acquired by an adult natural person when he or she reaches the age of 18, by marrying prior to coming of age, and, with a court decision, also a minor who becomes a parent.
Procedures
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Entry in the lawyers’ register
Personal
Attachments
- Minutes of the OZO commission for establishing the adequacy of business premises
- Certificate of appropriate working experience
- Contract on fiduciary account management
- Certificate of passing examination on the law regulating attorneyship, attorney tariffs and the Code of Professional Conduct of the Bar Association
- Certificate from the criminal records on no criminal record of the Ministry of Justice of the Republic of Slovenia
- Photo (2 photos)
- Curriculum vitae
- Evidence of business premises
- Law Faculty diploma
- Certificate of bar examination
- Citizenship certificate of the Republic of Slovenia
- Extract from the Register of Births
Procedure costs
Total amount of the registration fee of legal interns, assistants and lawyers in the lawyers’ register: 2,315.66 €