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Czech Foreign Lawyer Recognition Exam study materials
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Czech Foreign Lawyer Recognition Exam practice questions

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Question 1Integrated role knowledge and Czech legal background

Under Section 5a(2) of Act No. 85/1996 Sb. (on the Legal Profession), what is the statutory scope of legal services that a lawyer admitted through the recognition-exam route is authorized to provide?

  1. Only in the law of the state where they obtained authorization to provide legal services and in international law Correct answer.
  2. In Czech law, international law, and European Union law without any restriction
  3. Exclusively in international commercial arbitration, with no authorization to advise on any national law
  4. In all areas of private law of the Czech Republic, but excluding criminal defense and administrative proceedings

Explanation

Section 5a(2) limits a lawyer admitted through this route to the law of the country in which the entitlement to provide legal services was obtained and to international law. It does not authorize independent advice on Czech domestic law.

Question 2Integrated role knowledge and Czech legal background

What is the formal status of a person admitted under Section 5a after passing the recognition examination and making the statutory promise?

  1. ČAK admits the person to the Bar and records them in the Register of Lawyers, with the Section 5a scope limitation shown on the certificate and professional identity card Correct answer.
  2. The person remains outside every ČAK register and may only use a private consultant title
  3. The person is entered only in the Register of European Lawyers
  4. The Ministry of Justice, rather than ČAK, issues an unrestricted Czech-law licence

Explanation

Under Sections 5a(1) and 5d, ČAK admits the successful applicant to the Bar and records the person in the Register of Lawyers. The certificate and professional identity card must state the limited practice scope under Section 5a(2).

Question 3Integrated role knowledge and Czech legal background

Under Section 54 of Act No. 85/1996 Sb. and ČAK Resolution No. 4/2025, what does the recognition examination (uznávací zkouška) specifically verify?

  1. The candidate's comprehensive written drafting skills across all five branches of Czech substantive and procedural law
  2. Advanced oral and written proficiency in the Czech language tested by a sworn state linguistic panel
  3. Knowledge of Czech legal regulations governing the provision of legal services and basic constitutional and private law fundamentals Correct answer.
  4. The financial standing, creditworthiness, and tax compliance of the foreign applicant in their home jurisdiction

Explanation

Section 54 of Act No. 85/1996 Sb. establishes that the recognition exam tests knowledge of the legal regulations governing the provision of legal services in the Czech Republic (including ethical rules) and the fundamentals of Czech constitutional and private law.

Question 4Integrated role knowledge and Czech legal background

According to Section 5a(1) of Act No. 85/1996 Sb., which body admits a successful applicant through the recognition-exam route and records the person in the Register of Lawyers?

  1. The Ministry of Foreign Affairs of the Czech Republic (Ministerstvo zahraničních věcí ČR)
  2. The Ministry of Justice of the Czech Republic (Ministerstvo spravedlnosti ČR)
  3. The High Court in Prague (Vrchní soud v Praze)
  4. The Czech Bar Association (Česká advokátní komora - ČAK) Correct answer.

Explanation

Under Section 5a(1), the Czech Bar Association (Česká advokátní komora - ČAK) admits an eligible successful applicant and records the person in the Register of Lawyers.

Question 5Integrated role knowledge and Czech legal background

Which continuing fact is fundamental to the limited Section 5a admission route?

  1. The advocate loses the professional authorization to provide legal services in their home country Correct answer.
  2. The advocate fails to attend the annual assembly of the Czech Bar Association
  3. The advocate changes their permanent residential address without prior approval from ČAK
  4. The advocate charges a client a contractual hourly fee higher than the non-contractual tariff rate

Explanation

Section 5a admission is founded on proof that the applicant is entitled to provide legal services in a foreign country under compatible conditions. Loss of the qualifying authorization is therefore a material regulatory fact that must be addressed with ČAK under the Act's registration rules.

Question 6Integrated role knowledge and Czech legal background

Under Section 9(2)(a) of Act No. 85/1996 Sb., in which circumstance may ČAK suspend an advocate's practice?

  1. The advocate represents a client against a Czech state administrative agency
  2. Criminal proceedings have been initiated against the advocate for an intentional criminal offense Correct answer.
  3. The advocate opens a secondary branch office in another district of the Czech Republic
  4. The advocate engages an interpreter who is not certified by a Czech regional court

Explanation

Section 9(2)(a) permits ČAK to suspend practice after specified procedural steps for an intentional offense when the circumstances indicate that trust in proper legal practice may be endangered. This is discretionary, not automatic; Section 8b separately lists automatic suspension events.

Question 7Integrated role knowledge and Czech legal background

What is the legal consequence for an advocate whose authorization to practice law has been suspended (pozastavení výkonu advokacie) under Act No. 85/1996 Sb.?

  1. The advocate may continue advising existing clients on active files but cannot take on new clients
  2. The advocate may continue legal practice under the direct supervision of another registered advocate
  3. The advocate is entirely prohibited from providing legal services during the period of suspension Correct answer.
  4. The advocate must immediately transfer their law office assets to the Czech Bar Association

Explanation

Section 9a(1)(a) of Act No. 85/1996 Sb. provides that an advocate is not entitled to provide legal services during suspension. The separate statutory arrangements for protecting clients do not permit the suspended advocate to continue practising.

Question 8Integrated role knowledge and Czech legal background

Under Section 18(1) of Act No. 85/1996 Sb., which of the following is true regarding an advocate's right to refuse the provision of legal services?

  1. An advocate is a public official and is never legally permitted to refuse legal services to any prospective client
  2. An advocate may only refuse representation if the prospective client cannot pay the full retainer in cash up front
  3. An advocate may refuse representation only with prior written permission from the Disciplinary Commission of ČAK
  4. An advocate may refuse to provide legal services unless appointed by a court or assigned by ČAK under Section 18c Correct answer.

Explanation

Section 18(1) of Act No. 85/1996 Sb. provides that everyone has the right to legal services and advocates are entitled to refuse services, except where they have been appointed by a court or assigned by the Bar Association pursuant to Section 18c.

Question 9Integrated role knowledge and Czech legal background

Under Section 19(1) of Act No. 85/1996 Sb., an advocate is statutorily required to refuse the provision of legal services if:

  1. The advocate has already provided legal services in the same matter or a related matter to another person whose interests conflict with those of the prospective client Correct answer.
  2. The client is a foreign citizen who does not hold permanent residency in the Czech Republic
  3. The anticipated fee would exceed the standard non-contractual rate under the Advocate Tariff
  4. The matter involves complex cross-border jurisdiction questions that require external academic consultation

Explanation

Section 19(1)(b) of Act No. 85/1996 Sb. mandates that an advocate must refuse legal services if they have already provided legal services in the same matter or a connected matter to someone whose interests are in conflict with the prospective client.

Question 10Integrated role knowledge and Czech legal background

When an agreement on legal services ends, what protective obligation ordinarily applies under Section 20(6) of Act No. 85/1996 Sb.?

  1. The advocate must continue representing the client for at least six months free of charge
  2. The advocate must perform all urgent acts for a period of 15 days from termination, unless the client releases them or takes other measures Correct answer.
  3. The advocate must immediately surrender all client files to the local district prosecutor
  4. The advocate must pay the client compensation equal to three times the initial retainer deposit

Explanation

Section 20(6) requires the advocate, for 15 days after the legal-services agreement ends, to take necessary steps to avoid harm to the client's rights or legitimate interests. The rule does not apply if the parties agree otherwise, the client makes other arrangements, or the client says the protection is not required.

Question 11Integrated role knowledge and Czech legal background

Under Section 24a of Act No. 85/1996 Sb., what insurance duty applies to a lawyer practising alone or in a consortium?

  1. Foreign advocates are completely exempt from mandatory indemnity insurance if insured under their home country's state pension scheme
  2. Professional indemnity insurance is optional during the first three years of registration with ČAK
  3. The foreign advocate must be insured for professional liability for damage caused to clients, satisfying mandatory minimum coverage amounts Correct answer.
  4. The advocate must obtain insurance exclusively from the Czech National Bank (ČNB)

Explanation

Section 24a requires a lawyer practising alone or in a consortium to be insured against liability for compensable harm connected with legal services, at no less than the minimum limit prescribed by ČAK professional rules.

Question 12Integrated role knowledge and Czech legal background

Under Article 9(4) of the ČAK Code of Conduct, what must an advocate do with essential case documents when legal services end and the client asks for them?

  1. The advocate must destroy all original client documents within 30 days of case closure to preserve confidentiality
  2. The advocate must send all closed case files to the State Regional Archives for permanent public storage
  3. The advocate retains ownership of all client papers and is never required to return original client deeds
  4. Deliver without delay the documents essential to the case that the client entrusted or that arose in handling the case, without conditioning delivery on payment Correct answer.

Explanation

Article 9(4) requires an advocate, when legal services end, to deliver essential case documents without delay at the client's or representative's request. The advocate may not condition this duty on payment of fees or expenses.

Question 13Integrated role knowledge and Czech legal background

Under Section 26 of Act No. 85/1996 Sb., whom may a lawyer admitted under Section 5a authorize for individual acts of legal services?

  1. Yes, the advocate may authorize another advocate or, within statutory limits, an employee or trainee to substitute for them Correct answer.
  2. No, substitution is strictly prohibited under Czech law for foreign advocates under any circumstances
  3. Yes, but only if the substituting person is a licensed Czech notary or court bailiff
  4. Yes, but substitution requires the prior written approval of the presiding regional court judge

Explanation

Under Section 26(1) of Act No. 85/1996 Sb., an advocate may be substituted by another advocate; an advocate may also authorize an advocate trainee (advokátní koncipient) or employee to perform individual acts within statutory limits.

Question 14Integrated role knowledge and Czech legal background

If an advocate is temporarily prevented from practicing law due to illness or serious personal reasons, what mechanism is provided under Section 27 of Act No. 85/1996 Sb.?

  1. The advocate's registration is automatically canceled, requiring re-examination upon recovery
  2. The advocate must appoint another advocate as their representative (zástupce), or ČAK will designate one Correct answer.
  3. The advocate's files are automatically transferred to the local police department for temporary custody
  4. The advocate must pay a daily statutory absence fine to the ČAK solidarity fund

Explanation

Under Section 27 of Act No. 85/1996 Sb., if an advocate cannot practice law for an extended period and has not appointed a representative advocate, ČAK will appoint another advocate as their official representative to protect client interests.

Question 15Integrated role knowledge and Czech legal background

Under Section 16(1) of Act No. 85/1996 Sb., what is the fundamental professional duty of an advocate toward their client?

  1. To prioritize the financial turnover of the advocate's law firm above all other considerations
  2. To guarantee a favorable court judgment or financial settlement in every contentious proceeding
  3. To protect and promote the rights and legitimate interests of the client, follow lawful instructions, and act honestly and conscientiously Correct answer.
  4. To act as a neutral mediator seeking equal compromise between the client and the adverse party

Explanation

Section 16(1) of Act No. 85/1996 Sb. mandates that an advocate is bound to protect and advance the client's legitimate interests, act honestly and conscientiously, consistently use all lawful means, and follow client instructions that do not conflict with the law.

Question 16Integrated role knowledge and Czech legal background

If a client gives instructions that are contrary to legal regulations or professional conduct rules, what must the advocate do under Section 16(1)-(2) and Section 20(2) of Act No. 85/1996 Sb.?

  1. The advocate must unconditionally obey the client's instructions because the client pays the fee
  2. The advocate must immediately file a criminal denunciation against the client with the police
  3. The advocate must report the client's identity to the local financial revenue office
  4. The advocate must advise the client of the illegality; if the client insists, the advocate must refuse to follow the instruction and may terminate the representation Correct answer.

Explanation

Pursuant to Section 16(1) and Section 20(2) of Act No. 85/1996 Sb., an advocate is not bound by client instructions that violate the law. The advocate must explain why the instruction is unlawful; if the client insists, the advocate must refuse the instruction and is entitled to terminate the contract.

Question 17Integrated role knowledge and Czech legal background

Under Section 5a(2) of Act No. 85/1996 Sb., may a lawyer admitted through the recognition-exam route independently act as defense counsel in a Czech criminal case?

  1. No, because applying Czech criminal law and procedure exceeds the authorization in Section 5a(2) Correct answer.
  2. Yes, foreign advocates have identical procedural rights to Czech advocates in all courts and criminal cases
  3. Yes, provided the foreign advocate is accompanied by a certified court interpreter
  4. Yes, provided the defendant is a citizen of the foreign advocate's home country

Explanation

Section 5a(2) authorizes services only in the law of the qualifying country and international law. Independently defending a Czech criminal case requires applying Czech substantive and procedural law and is outside that scope.

Question 18Integrated role knowledge and Czech legal background

A lawyer admitted under Section 5a wishes to assist a client in a Czech commercial dispute governed by Czech law. What does the lawyer's own statutory authorization permit?

  1. The foreign advocate can never participate in any meeting or advisory capacity involving Czech law under any circumstances
  2. In cooperation with a registered Czech advocate (advokát) who provides the legal services governed by Czech law Correct answer.
  3. By obtaining a temporary exemption decree signed by the Minister of Justice
  4. By certifying that the foreign lawyer has completed a self-study course on the Czech Civil Code

Explanation

Section 5a does not expand the admitted lawyer's personal authorization beyond the qualifying country's law and international law. A Czech advocate may separately handle the Czech-law advice; collaboration does not itself broaden the Section 5a lawyer's authorization.

Question 19Integrated role knowledge and Czech legal background

Under Section 3(1) of Act No. 85/1996 Sb., what does the statutory principle of independence (nezávislost) of the advocate signify?

  1. The advocate is entirely independent of the legal order and immune from judicial procedural fines
  2. The advocate must not accept any binding instructions from the client regarding procedural strategy
  3. The advocate is bound only by the law and, within its statutory limits, by the instructions of the client Correct answer.
  4. The advocate is exempt from paying income tax and social security contributions on legal revenues

Explanation

Section 3(1) of Act No. 85/1996 Sb. provides that in providing legal services, the advocate is independent; they are bound only by the legal order and, within its boundaries, by the client's instructions.

Question 20Integrated role knowledge and Czech legal background

Which body of the Czech Bar Association serves as the supreme governing body of the legal profession under Section 41 of Act No. 85/1996 Sb.?

  1. The Board of Directors (Představenstvo)
  2. The Disciplinary Commission (Kárná komise)
  3. The Supervisory Council (Kontrolní rada)
  4. The General Assembly of Advocates (Sněm) Correct answer.

Explanation

Section 41 of Act No. 85/1996 Sb. establishes that the General Assembly (Sněm) is the supreme body of the Czech Bar Association, composed of all enrolled advocates, and decides fundamental statutory and professional questions.

Question 21Integrated role knowledge and Czech legal background

Under Section 11 of Act No. 85/1996 Sb., what are the authorized forms for practicing law in the Czech Republic?

  1. Individually, in an association (sdružení), as an employed advocate, or as a partner in a designated commercial company (v.o.s., s.r.o., k.s.) Correct answer.
  2. Exclusively as a sole proprietor or public joint-stock company listed on the Prague Stock Exchange
  3. Solely as a salaried employee of the Ministry of Justice or a municipal authority
  4. Exclusively in commercial partnerships with non-lawyer venture capital investors

Explanation

Section 11(1) of Act No. 85/1996 Sb. specifies that advocates may practice law individually, jointly in an association (sdružení), as an employed advocate (zaměstnaný advokát), or as a partner in a public commercial company (v.o.s.), limited liability company (s.r.o.), or limited partnership (k.s.).

Question 22Integrated role knowledge and Czech legal background

Under Section 14(3) of Act No. 85/1996 Sb., what seat requirement applies to advocates who practise together in a Consortium (společnost, traditionally described as a sdružení)?

  1. Each member must maintain a different seat in a different judicial district
  2. The members must have a common seat; if they breach that duty, service on one member can still be effective when delivered to another member Correct answer.
  3. The Consortium must always use the Ministry of Justice's address as its seat
  4. No seat need be recorded for any member while the Consortium exists

Explanation

Section 14(3) requires lawyers who are members of a Consortium to have a common seat. If they fail to comply, delivery to a particular member can nevertheless be effective when the document is delivered to another member.

Question 23Integrated role knowledge and Czech legal background

Under Section 15 of Act No. 85/1996 Sb., if advocates establish a limited liability company (společnost s ručením omezeným - s.r.o.) to practice law, what statutory restriction applies to company ownership and management?

  1. Any commercial entity, including commercial banks and private equity funds, may hold majority shares
  2. At least 50% of the voting equity must be owned by the Ministry of Justice
  3. Only advocates may be partners (společníci) and statutory executives (jednatelé), and the sole object of business must be the provision of legal services Correct answer.
  4. Non-lawyer commercial managers may serve as managing directors provided they have five years of business experience

Explanation

Under Section 15(1)-(2) of Act No. 85/1996 Sb., only advocates may be partners and statutory executives of an s.r.o. formed to practice law, and the company's sole business object must be the provision of legal services.

Question 24Integrated role knowledge and Czech legal background

Under Section 24(2) of Act No. 85/1996 Sb., who is responsible to a client for detriment caused when an advocate practises through a Company or Foreign Company?

  1. Only the Czech Bar Association is responsible under a collective state warranty
  2. Only the individual advocate is responsible, because a law company can never owe duties to a client
  3. No responsibility arises because professional mistakes are ordinary business risks
  4. The Company or Foreign Company is responsible to the client Correct answer.

Explanation

Section 24(2) places responsibility to the client on the Company or Foreign Company when an advocate practises through it. Section 15(4) separately explains that the Company is the party to legal relationships created through the member advocate's provision of legal services.

Question 25Integrated role knowledge and Czech legal background

Under Section 15a of Act No. 85/1996 Sb., what defines the legal status of an employed advocate (zaměstnaný advokát)?

  1. An advocate who performs legal practice in an employment relationship with another advocate or a law company (advokátní společnost) Correct answer.
  2. An advocate who is an in-house legal advisor of a commercial bank providing advice to the public
  3. An advocate employed by a district court as a temporary magistrate
  4. An advocate who works under a civil mandate contract without social security obligations

Explanation

Section 15a(1) of Act No. 85/1996 Sb. defines an employed advocate as an advocate who practices law in an employment relationship with another advocate or with a commercial law company established under Section 15.

Question 26Integrated role knowledge and Czech legal background

May an employed advocate (zaměstnaný advokát) under Section 15a of Act No. 85/1996 Sb. simultaneously accept private clients and provide independent legal services outside their employment?

  1. Yes, an employed advocate has unlimited freedom to run an independent practice simultaneously
  2. No, an employed advocate cannot practice law independently or on their own account during the employment relationship Correct answer.
  3. Yes, provided the annual revenue from external clients does not exceed CZK 500,000
  4. Yes, provided the employer advocate receives a 10% commission on all external private matters

Explanation

Section 15a(3) permits employment by only one lawyer, Company, or Foreign Company and bars simultaneous practice as a sole lawyer or as a member of a Consortium, Company, or Foreign Company.

Question 27Integrated role knowledge and Czech legal background

Under Section 24(3) of Act No. 85/1996 Sb., who is responsible to a client for detriment caused by an employed advocate while providing legal services?

  1. The employed advocate personally and exclusively, under the general rules of the Civil Code
  2. The Czech Bar Association exclusively under its statutory guarantee fund
  3. The employer (the advocate or law company), while the employee's liability toward the employer is governed by the Labour Code Correct answer.
  4. Neither party, because clients waive employer liability upon signing a power of attorney

Explanation

Section 24(3) makes the employer responsible to the client for detriment caused by an employed advocate in legal practice, including the situations in Section 15b. Section 15c treats the employed advocate's responsibility to the employer as employment-related responsibility under the Labour Code.

Question 28Integrated role knowledge and Czech legal background

Under Section 13 of Act No. 85/1996 Sb., what is the basic requirement regarding an advocate's official seat (sídlo)?

  1. An advocate must maintain an office at the premises of a district court
  2. An advocate is prohibited from having any physical office and must operate exclusively via digital telecommunication
  3. The registered office must be located in Prague regardless of where the advocate actually resides or practices
  4. An advocate must have an official seat in the Czech Republic and it must be recorded in the Register of Lawyers, unless the advocate's practice is suspended Correct answer.

Explanation

Section 13(1) requires an advocate to have an official seat in the Czech Republic and to have that seat recorded in the Register of Lawyers; the requirement does not apply while the advocate's practice is suspended.

Question 29Integrated role knowledge and Czech legal background

May a lawyer admitted under Section 5a establish a branch office while practising in Czechia?

  1. Yes, a foreign advocate or foreign legal entity may establish an organizational branch, provided it is notified to ČAK and meets statutory conditions Correct answer.
  2. No, branch offices are strictly reserved for Czech state enterprises
  3. Yes, but only if approved by an extraordinary decree of the Parliament of the Czech Republic
  4. Only if the branch operates for a maximum of 90 calendar days per year

Explanation

A lawyer admitted under Section 5a is a lawyer recorded in the Register of Lawyers. Article 16(1) of the ČAK Code permits a branch office and requires the lawyer to notify ČAK without undue delay.

Question 30Integrated role knowledge and Czech legal background

Under Section 2898 of the Civil Code, can an advocate agree with a client in advance to exclude or cap liability for harm caused intentionally or through gross negligence?

  1. Yes, freedom of contract under Czech private law permits complete exclusion of any liability
  2. No, contractual pre-exclusion or limitation of liability for intentional harm or gross negligence is invalid under Czech law Correct answer.
  3. Yes, provided the client is represented by an independent commercial notary during contract signing
  4. Yes, provided the liability waiver is printed in bold font exceeding 14 points

Explanation

Section 2898 of Act No. 89/2012 Sb. makes an advance exclusion or limitation of liability for intentional or grossly negligent harm ineffective. Notarial involvement or conspicuous formatting does not cure it.

Question 31Integrated role knowledge and Czech legal background

What disciplinary regime applies to a lawyer admitted to the Register of Lawyers under Section 5a?

  1. The foreign advocate is completely exempt from Czech disciplinary jurisdiction and subject only to their home country's bar
  2. Disciplinary jurisdiction is exercised by the Czech Ministry of the Interior
  3. The foreign advocate is subject to the disciplinary liability provisions of Act No. 85/1996 Sb. and ČAK disciplinary proceedings in the same manner as a Czech advocate Correct answer.
  4. Disciplinary offenses by foreign lawyers are tried directly by the Supreme Court of the Czech Republic

Explanation

A person admitted under Section 5a is recorded in the Register of Lawyers and is subject to the Act and ČAK professional rules, including the disciplinary liability and proceedings in Sections 32–35.

Question 32Integrated role knowledge and Czech legal background

Under Section 32(2) of Act No. 85/1996 Sb., what constitutes a disciplinary transgression by an advocate?

  1. Losing a commercial litigation matter before a Czech regional court
  2. Charging a client lower fees than the non-contractual tariff rate under the Advocate Tariff
  3. Publishing an academic commentary on foreign legislation without prior clearance from the ČAK Board
  4. A culpable breach of duties imposed on the advocate by the Act on the Legal Profession, by other legal regulations, or by professional regulations issued by ČAK Correct answer.

Explanation

Section 32(2) defines a disciplinary transgression as a serious or repeated culpable breach of duties imposed by the Legal Profession Act, applicable special legislation (subject to its stated AML exception), or professional rules.

Question 33Integrated role knowledge and Czech legal background

Under Section 33(2) of Act No. 85/1996 Sb., what are the time limits for filing a disciplinary petition against an advocate?

  1. 1 year from the day the disciplinary prosecutor learned of the offense (subjective period), but at the latest 3 years from when the offense was committed (objective period) Correct answer.
  2. 6 months from the date of the offense, with no objective long-stop period
  3. 5 years subjective and 10 years objective, identical to Civil Code tort limitation periods
  4. Disciplinary liability for advocates is imprescriptible and can be prosecuted at any time without limitation

Explanation

Section 33(2) requires filing within one year after the disciplinary petitioner learned of the transgression, but no later than three years after it was committed.

Question 34Integrated role knowledge and Czech legal background

Which of the following is NOT an authorized disciplinary measure against an advocate under Section 32(3) of Act No. 85/1996 Sb.?

  1. Reprimand (napomenutí) or public reprimand (veřejné napomenutí)
  2. Deprivation of liberty (criminal imprisonment) ordered directly by the Disciplinary Commission Correct answer.
  3. Disciplinary fine (pokuta) up to one hundred times the minimum monthly wage
  4. Temporary suspension of legal practice (pozastavení výkonu advokacie) for a period of six months to three years

Explanation

Section 32(3) lists admonition, public admonition, a fine, a temporary ban on practice, strike-off, and specified activity-related measures. A ČAK disciplinary panel has no power to impose imprisonment.

Question 35Integrated role knowledge and Czech legal background

Under Section 32(3)(e) of Act No. 85/1996 Sb., what is the most severe disciplinary measure that can be imposed on an advocate?

  1. Permanent ban on residing in the City of Prague
  2. Forfeiture of the advocate's law office premises to the state
  3. Strike-off from the register of advocates (vyškrtnutí ze seznamu advokátů) Correct answer.
  4. A mandatory court order to retake a Master of Laws degree at a Czech university

Explanation

Section 32(3)(e) authorizes termination of Bar membership by striking the lawyer from the Register of Lawyers, ending the entitlement to practise as a lawyer.

Question 36Integrated role knowledge and Czech legal background

Under Article 6(1) of the ČAK Code of Conduct, how must an advocate balance the client's justified interests against the advocate's own interests and regard for colleagues?

  1. The advocate's own economic profit takes precedence over client interests
  2. The advocate must treat their own financial interests and client interests as strictly equal
  3. The interests of fellow bar colleagues always override the instructions of the client
  4. The advocate must prioritize the legitimate interests of the client over the advocate's personal interests and the interests of colleagues Correct answer.

Explanation

Article 6(1) states that the client's justified interests take priority over the lawyer's own interests and the lawyer's regard for other lawyers, always within legal and professional limits.

Question 37Integrated role knowledge and Czech legal background

Under Article 4 of the ČAK Code of Conduct, what standard governs a lawyer's conduct connected with practising the profession?

  1. The lawyer must act honestly, honourably, decently, materially and soberly, and must not be intentionally false Correct answer.
  2. The lawyer may disregard accepted commitments whenever a case becomes inconvenient
  3. The standard applies only while physically inside a courtroom
  4. The advocate must adhere strictly to religious moral tenets determined by ČAK

Explanation

Article 4 requires honest, honourable and decent conduct that contributes to the dignity of the profession; conduct connected with practice must also be material, sober and not intentionally false.

Question 38Integrated role knowledge and Czech legal background

Under Article 7 of the ČAK Code of Conduct, in which of the following scenarios does a prohibited conflict of interest (střet zájmů) arise?

  1. The advocate agrees to represent two co-defendants whose defense positions are identical and do not conflict
  2. The advocate represents a plaintiff while a partner in the same law company represents the defendant in the same contentious matter Correct answer.
  3. The advocate represents a client in a property transaction while concurrently representing another client in an unrelated intellectual property matter
  4. The advocate represents a family member in a non-contentious probate proceeding

Explanation

Under Article 7 of the Code of Conduct and Section 19 of Act No. 85/1996 Sb., partners in a law firm cannot represent parties with opposing interests in the same matter; the conflict of one partner is imputed to all partners and associates in the firm.

Question 39Integrated role knowledge and Czech legal background

Under Section 19(1)(c) of Act No. 85/1996 Sb. and Article 8 of the Code of Conduct, can an advocate represent a new client in litigation against a former client?

  1. Yes, an advocate owes zero ongoing loyalty to a former client once the retainer ends
  2. Yes, provided the former client was billed under the non-contractual tariff rather than a contractual fee
  3. No, if the advocate obtained confidential information from the former client that could be relevant and used to the former client's detriment in the new litigation Correct answer.
  4. No, an advocate can never represent any adverse party against any former client under any circumstances, regardless of the matter or facts

Explanation

Section 19(1)(c) requires refusal when the advocate possesses information about another or earlier client that may give the applicant an unlawful benefit. Article 8 of the Code also addresses conflicts and the protection of former clients.

Question 40Integrated role knowledge and Czech legal background

If an advocate later discovers a statutory conflict under Section 19 while already providing legal services, what does Section 20(1) require?

  1. The advocate must choose the client with the higher retainer and continue representing them while dropping the other
  2. The advocate must refer both clients to the ČAK Board to decide which client the advocate may keep
  3. The advocate may continue representing both clients if they both sign an oral consent form
  4. The advocate must terminate the provision of legal services to BOTH clients in that matter Correct answer.

Explanation

Section 20(1) requires the advocate to withdraw from the legal-services agreement, seek cancellation of an appointment, or ask the Bar to appoint another lawyer when the advocate subsequently discovers a fact listed in Section 19. The precise procedural step depends on how the representation arose.

Question 41Integrated role knowledge and Czech legal background

Under Article 17 of the ČAK Code of Conduct, what is an advocate's ethical duty regarding facts and evidence presented to a court or public authority?

  1. An advocate must not knowingly state untrue or misleading facts, nor present evidence they know to be false or fabricated Correct answer.
  2. An advocate is entitled to fabricate documentary evidence if it is necessary to secure an acquittal for the client
  3. An advocate must verify the forensic authenticity of every single document by a sworn forensic expert before submitting it
  4. An advocate is prohibited from presenting any testimony from witnesses who have criminal records

Explanation

Article 17(2) provides that a lawyer may not present data or propose evidence the lawyer knows to be false or deceptive, even on the client's instruction.

Question 42Integrated role knowledge and Czech legal background

If a client instructs the advocate to submit a document in court that the advocate knows with certainty has been forged, what must the advocate do under the ČAK Code of Conduct and Section 16 of Act No. 85/1996 Sb.?

  1. Submit the forged document anyway because client instructions are supreme
  2. Inform the client that submitting forged evidence is unlawful, refuse to present it, and terminate the representation if the client insists Correct answer.
  3. Alter the forged document so that it appears genuine before filing it with the court registry
  4. Hand the forged document directly to the media to preserve public interest

Explanation

Under Section 16(1) and Section 20(2) of Act No. 85/1996 Sb. in conjunction with Article 17 of the Code of Conduct, an advocate must refuse to execute an illegal instruction. The advocate must explain the illegality to the client, refuse to file the forged document, and withdraw if the client insists.

Question 43Integrated role knowledge and Czech legal background

Under Article 17 of the ČAK Code of Conduct, what conduct is expected of an advocate when appearing before courts and public authorities?

  1. The advocate may use insulting language toward the judge if the judge makes an erroneous procedural ruling
  2. The advocate must dress casually to demonstrate solidarity with working-class clients
  3. The advocate must observe court decorum, treat the court and participants with respect, arrive punctually, and maintain professional objectivity Correct answer.
  4. The advocate must agree with all statements made by the opposing counsel to avoid confrontation

Explanation

Article 17 requires respect and courtesy toward adjudicative bodies and participants, honest conduct, observance of procedural and courtroom customs, and appropriate professional attire.

Question 44Integrated role knowledge and Czech legal background

Under Article 6(3) of the ČAK Code of Conduct, may a lawyer investigate the truthfulness or completeness of factual information supplied by the client without the client's consent?

  1. No; the Code does not authorize that verification without the client's consent Correct answer.
  2. Yes; the lawyer must hire investigators in every matter, without telling the client
  3. Yes, but only when the client's account appears commercially inconvenient
  4. Yes; factual verification is unrestricted because confidentiality applies only in court

Explanation

Article 6(3) states that a lawyer is not authorized to verify the truthfulness or completeness of the factual information provided by the client without the client's consent. Other legal duties still apply if the lawyer knows information is false.

Question 45Integrated role knowledge and Czech legal background

Under Article 6(4) of the ČAK Code of Conduct, how may a lawyer use information obtained from or about a client while providing legal services?

  1. The lawyer may not use it to the client's detriment or for the lawyer's or a third party's benefit Correct answer.
  2. The lawyer may sell it whenever the representation has produced no court filing
  3. The lawyer may use it for personal investment if the information is commercially valuable
  4. The lawyer may disclose it to colleagues for entertainment without a professional purpose

Explanation

Article 6(4) prohibits using information obtained from or about the client in connection with legal services to the client's detriment or for the benefit of the lawyer or third parties.

Question 46Integrated role knowledge and Czech legal background

Under Article 9 of the ČAK Code of Conduct, what duty does an advocate owe regarding the management and safekeeping of funds entrusted by a client?

  1. Entrusted funds may be commingled with the law firm's operational overhead account to earn bulk interest
  2. The advocate must exercise the highest degree of diligence, keep client funds strictly segregated from personal and firm assets, and account for them meticulously Correct answer.
  3. Entrusted client funds become the property of the advocate upon receipt and can be invested in commercial equity
  4. The advocate is only required to account for client funds if requested by a court auditor

Explanation

Article 9 of the ČAK Code of Conduct and ČAK Resolution No. 7/2004 establish that an advocate must keep client money strictly separated from the advocate's own property and firm operating funds on designated client accounts, handling them with maximum care.

Question 47Integrated role knowledge and Czech legal background

Under Article 10 of the ČAK Code of Conduct, what is the rule regarding the agreeability of contingency fees (podílová odměna / pactum de quota litis) tied to the outcome of a case?

  1. Contingency fees are strictly prohibited in all circumstances under Czech law
  2. Contingency fees must always be at least 50% of the total amount awarded to the client
  3. A contingency fee is permissible, but must be reasonable, and generally must not exceed 25% of the value achieved in the matter unless exceptional circumstances justify it Correct answer.
  4. Contingency fees are only permitted in criminal defense proceedings

Explanation

Article 10(5) permits a fee based on the value or result if it is adequate under Article 10(2)-(3). A share of the result above 25% is usually not considered adequate.

Question 48Integrated role knowledge and Czech legal background

Under Article 10(6) of the ČAK Code of Conduct, when may a lawyer contract with a client on terms that are disadvantageous to the client?

  1. Whenever the lawyer orally says the terms are standard
  2. Only if the client had an adequate opportunity to obtain advice from another independent lawyer and the contract is in writing Correct answer.
  3. Whenever the lawyer has represented the client for more than one year
  4. Only if the contract permits the client to obtain an unjust property benefit

Explanation

Article 10(6) allows a disadvantageous client contract only when the client had an adequate opportunity to be advised by another independent lawyer and the contract was concluded in writing. It also forbids a contract enabling the client to obtain unjust property benefit.

Question 49Integrated role knowledge and Czech legal background

Under the ČAK Code of Conduct, can an advocate pay a finder's fee or referral commission (provize) to a non-lawyer for procuring clients?

  1. No, paying commissions, kickbacks, or share of fees to third parties (especially non-lawyers) for referring clients is strictly prohibited Correct answer.
  2. Yes, paying referral fees to any commercial broker is standard business practice and fully permitted
  3. Yes, provided the referral fee does not exceed 10% of the gross legal invoice
  4. Yes, provided the referrer is a certified Czech real estate broker

Explanation

Article 32(1) of the ČAK Code of Conduct prohibits a lawyer from giving or accepting a fee or other benefit for recommending or procuring legal services.

Question 50Integrated role knowledge and Czech legal background

Under Article 11(1) of the ČAK Code of Conduct, what principle governs relations between professional colleagues?

  1. Aggressive commercial warfare and public defamation of rival law firms
  2. Mutual respect, professional courtesy, collegiality, and fair dealing Correct answer.
  3. An advocate is required to file disciplinary complaints against opposing counsel after every lost court hearing
  4. Senior advocates are legally entitled to command junior advocates from other law firms

Explanation

Article 11(1) requires professional dealing with fellow lawyers: a lawyer may not slander another lawyer or initiate a legal dispute against one without serious reason, and must respect represented-party communication rules.