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Acquisition and development of professional competencies of attorneys
Maginec, Jan ; Veteška, Jaroslav (advisor) ; Kříž, Jaroslav (referee)
Due to the nature of their work, attorneys, as professional legal representatives of natural and legal persons, must possess a variety of professional, digital and soft skills. The aim of the thesis is to analyse and identify the professional competences possessed by attorneys, and to determine how professional competences can be acquired and developed. The theoretical part, based on a literature review, introduced the lawyer as a profession providing legal services. Furthermore, the general concept of competences and competency models were presented. The research methodology used is qualitative. The research (empirical) part is based on the technique of semi-structured in-depth interviews with attorneys, which allowed a more detailed evaluation of the relationship of attorneys to individual professional competences, including the way they are acquired and developed in their working life. Based on the qualitative analysis of the research findings, which was conducted using an inductive method, it was found that attorneys generalise professional competences into 4 groups. Attorneys identified professional practice as the primary way to acquire and develop professional competences. Based on the further elaboration of these data, a competency model of a lawyer was created. These conclusions, including...
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Attorney's confidentiality
Řípa, Jan ; Pohl, Tomáš (advisor) ; Střeleček, Tomáš (referee)
1 Abstract (eng) This thesis deals with attorney confidentiality which is the main standard of independent advocacy. First chapter of this thesis discuss the role of attorney in the society and consist of three subchapters about the fundamental right to legal aid, advocacy as freelance profession and about the role and status of advocacy in the law system. The second chapter introduces three main pillars of modern advocacy such as independency, autonomy and confidentiality. Each subchapter of this chapter contains one of the main pillars. The third chapter is exclusively devoted to attorney confindetiality. This part is divided into three subchapters, of which the first focus on historical developement of attorney confidentiality since the beginnings of advocacy to the modern age. The main theme of second subchapter is the explanation of the range of confidentiality, such as personal, factual and chronological scope. Third subchapter analyses main legal fields which touches and regulates legal confidentiality in advocacy. Specifically about advocacy, civil, crime, administrative and financial law. The fourth chapter of this thesis describes in detail very specific cases in which breach of attorney confidentiality is necessary and is expressly assumed, such as confidentiality waiver, cases of granting of...
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Professional Ethics of Attorneys in the Czech Republic
Bína, Felix ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional Ethics of Attorneys in the Czech Republic with a Focus on the Promotion of Attorneys In this Master's degree thesis, the author deals with the professional ethics of attorneys with a focus on possibilities of their personal promotion. This area of legal practice is somewhat neglected, despite the fact that attorneys, like other entrepreneurs, depend on sufficient number of clients in order to sustain their business activities. However, in the context of acquiring clients or offering their services, attorneys are forced to observe specific professional and ethical rules that to a certain extent limit their options compared to an ordinary entrepreneurs. This thesis is divided into three major parts. In the first one, the author briefly discuss ethics in general and his aim is to introduce to a reader this filosophical concept together with selected directions of normative ethics offering solutions of what is right. The author concurrently reflects on the fact whether ethical rules exist universally across societies and cultures or not, using selected knowledge from psychology. The second part focuses on interpretation of professional ethics both in general and in specific areas of professional ethics of attorneys. This section also contains in brief the basic information about legal...
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Obligations of an attorney in his professional practice
Boukalová, Kateřina ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Obligations of an attorney in his professional practice Abstract This thesis deals with the obligations of an attorney in his professional practice, which derive from legal and professional regulations. The goal is to comprehensively describe and interpret the individual obligations and thus create a comprehensive overview of them. At the same time, the work aims to critically evaluate the problematic aspects of the selected obligations and possibly propose a solution de lege ferenda. The methods of description and analysis are mainly used to achieve the set goals; other methods are interpretation and deduction. The work is divided into four chapters. In the first chapter of the thesis, basic concepts were defined, i.e., the concept of advocacy and the provision of legal services. The current legislation was also presented, and attention was also paid to the legal prerequisites for the practice of advocacy, the possible forms of the practice of advocacy and the independence of the advocate as a basic pillar of advocacy. Part of this chapter was also a description of some attorney's rights. The lawyer's right to remuneration was critically evaluated. The second and, at the same time, pivotal chapter focused on an attorney's individual obligations, which result from legal and professional regulations during...
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Legal professions involved in the justice system focusing on the attorney -client relationship
Suchánková, Hana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Legal professions involved in the justice system focusing on the attorney - client relationship. Abstract The purpose of my thesis is to analyse the attorney - client relationship, especially some of the essential elements of this relationship. The thesis is composed of five chapters. Chapter One is introductory and defines the attorney as a one of the legal professions involved in the justice system, looks at the reasons of formation and existence of these professions and gives a brief insight in the attorney - client relationship's history. Chapter Two deals with the ways the attorney - client relationship is created. It can be both contractually and non-contractually (appointing by court and determination by Czech Bar Chamber). Chapter Three is the largest chapter of the thesis and is subdivided into two parts. The first part concentrates on the attorney's rights and duties, such as for example duty to protect and promote client's interests, duty to follow client's instructions, duty of confidentiality, duty to be insured, right to remuneration and others. The second part focuses on the client's rights and duties and explains them as a counterpart of the attorney's rights and duties, because of the synallagmatic character of the attorney - client's relationship. Chapter four is engaged in the ways the...
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Limits of Legal Obligation of Attorney's Confidentiality in Criminal Proceedings
Svoboda, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Limits of Legal Obligation of Attorney`s Confidentiality in Criminal Proceedings Abstract The legal obligation of attorney's confidentiality imposed by the law is currently not only mentioned in professional discussions. However, the increased attention paid to this institute does not support it. There is a growing belief that it is being misused for the benefit of an attorney or for concealing criminal and other delict activity, resulting in increased pressure from the state to violate confidentiality obligations. This manifests itself in systematic or individual attempts to break it, or it leads to refusal of protection of the confidential relationship between an attorney and his client, which is a prerequisite for providing legal assistance. The thesis describes in detail the meaning and purpose of the institute of attorney's duty of confidentiality and its position in the legal order. Its attention is focused especially on the area of the criminal law in which it is most threatened and therefore the application and protection of this institute in criminal proceedings is analyzed in detail. In order that the meaning of the above-mentioned provisions of the Code of Criminal Procedure can be concisely clarified, this is done in the thesis primarily from the practical point of view. For this purpose, the...
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Selected aspects of attorney's duty of confidentiality
Lhotáková, Františka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...
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Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings
Dubravská, Tereza ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings The subject of the diploma thesis is the comparative analysis of representation by the attorney in Czech and Spanish civil proceedings. The first part is dedicated to concepts of civil procedure and it's categories. The second part contains a definition of the concept of representation in the civil procedure and it's categories in the Czech and the Spanish law. The third part which is crucial for this thesis focus on the role and the position of an attorney in the civil procedure and on the relationship between the attorney and his client. The third part is also dedicated to the attorney and the requirements the attorney has to meet according to the law. In case of the attorney, as a professional in law and as a member of a bar association, and in case of the relationship between attorney and his client - Czech and the Spanish law are very similar to each other. However significant differences exist in roles which attorney holds - precisely the extent of his activity as a representative of the participant. One of differences is an existence of the legal institute of the legal representative in the Spanish procedural law. This legal institute does not exist in the Czech procedural law and its functions...
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Position, organization and activities of the Czech Bar Chamber
Kruliš, Jan ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
- Position, organization and activities of the Czech Bar Chamber The object of the diploma thesis "Position, organization and activities of the Czech Bar Chamber" is to provide complex description of the legal nature of the Czech Bar Chamber and aspects of its position in the system of public administration, to thoroughly introduce the organization of the Czech Bar Chamber including position and authority of each of its bodies and last but no least to also zoom in on the scope of its major activities. The diploma thesis consists of introduction, four chapters and conclusion. The first chapter of the diploma thesis deals with the legal nature and position of the Czech Bar Chamber as an organization of professional self-government in the system of public administration encompassing in the first part of the chapter general explanation of the public administration and its division and explanation of the self-government with focus on professional self-government. The second part of the chapter zooms in on all aspects of that position, specifically legal enactment and statutory regulations, vested administration, the scope of activities and liability, the nature of legal regulations, members, independence and financing of the Czech Bar Chamber. The second chapter of the diploma thesis discusses...
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The lawyer and the client
Šplíchal, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with advocacy and content of the concept of advocacy, then elaborates the concepts of legal aid and legal service and looking for differences between these concepts. Thesis also offers a brief glimpse into the history of the legal profession and its evolution over the time. Furthermore, this thesis deals with the influence of the Czech Bar Association as an autonomous professional organization for practicing the legal profession and the provision of legal services by lawyers. Firstly, examines the Czech Bar Association and its organization and its jurisdiction and issuing professional rules. It also deals with other situations, which can occur under the influence of the Czech Bar Association. The thesis also outlines the basic elements of creation, content and termination of the relationship between the lawyer and his client. Individual elements of the content of the relationship attorney - client are analyzed in the fourth chapter. In particular, the duty of the lawyer to promote the rights and legitimate interests of the client's obligation not to lower the dignity of the legal profession, confidentiality, duty to inform the client and keep the documentation to be insured or the right of a lawyer to remuneration. Similarly thesis deals with the rights and obligations of the client....
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