Postcard from Prague – Part Two: Describing the Czech Legal Profession

PragueUnlike the situation in the United States, where we basically have a unified legal profession with a single type of lawyer, the Czech legal profession contains several different categories of legal professionals. While most Czech legal professionals have a common university education in law (see the previous post), they are classified by different categories which are determined by the role they play, and, to a lesser extent, by the nature of the three years apprenticeship that the individual law student completes following law school.

Czech educated lawyers are divided into three basic categories: advocates (or lawyers), public prosecutors, or judges. While there is some movement between these categories, most members of the legal profession spend their careers in one category or another. In addition to these three categories, some lawyers also serve as public notaries. Czech notaries are a sort of public official who provides important services related to inheritance and the drafting of legal documents. Notaries are appointed and their numbers are limited by statute. Importantly, notaries are viewed as neutral public figures who provide necessary services, but who do not represent their clients in the same way that advocates do.

In addition to lawyers who have been educated in the Czech Republic and licensed to practice law, lawyers may provide legal services if they fall into one of the following categories:

  1. Lawyers who have been educated in other countries but who can pass an examination in Czech or Slovak that tests their familiarity with Czech Law and rules of professional conduct.
  2. Lawyers from other countries who already reside in the Czech Republic who can establish that they have successfully practiced law for three years in the country, or who can convince a commission of the Czech Bar Association that they have the necessary knowledge of Czech Law and rules of professional conduct.
  3. Citizens of a member country of the European Union who have been admitted to practice law in their own country (or in any other EU country) who have registered with the Czech Bar Association. In regard to certain areas of law, EU lawyers may be required to consult with a member of the Czech bar while representing Czech clients. (This appears to be similar to our pro hac vice notion.)
  4. Lawyers from any other country, so long as they limit their practices to the law of their home countries and international law.

The years between the Velvet Revolution of 1998, which led to the collapse of the Czech Communist government, and the country’s entry into the European Union in 2004 were a period of transition for the Czech legal profession, and even more than a decade later a process of “sorting out” the boundaries of the legal profession is still ongoing.

Under the statutes currently regulating the practice of law, lawyers may practice as solo practitioners, in office-sharing relationships, and in firms. Once rare, increasingly larger law firms are beginning to dominate the practice of law in the Czech Republic, especially in the larger cities. A substantial number of firms based in other countries, including the United States, have established branch offices in Prague.

 

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Cancer and Mentors

Holding HandsIt was ten years ago to this very day, at the age of 28, that I heard the words from my doctor that I’ll never forget: “You have cancer.” It’s news that shakes you to your core, even if you were expecting the diagnosis. While I had a very treatable form of cancer — testicular cancer — I couldn’t help but face my mortality head-on. In the hours after my diagnosis, I remember thinking about all of the things I still wanted to do in my life: get married and have kids; pursue a career as a law professor; celebrate more Lakers and Dodgers championships; etc.

Fortunately, I am ten years in remission, and statistically, the chances of the cancer recurring are extremely low — less than one percent.  I look back at how many of the reasons for which I wanted to live have come to pass: I am blessed with a wonderful wife and two great daughters; I am incredibly fortunate to have a job that I love so much; the Lakers hung two more championship banners since then (and being at the game 7 win in 2010 against those wretched Boston Celtics was one of the more euphoric moments of my life (sorry Professor Rofes)); and as for the Dodgers, well, there’s still lots to live for. <grin>

I look back ten years later with incredible gratitude for all of the people who helped support me through my battle with cancer.  But I also look back a bit wistfully, as I have lost two mentors since that time, and I miss them both very much.  I have been meaning to write about both of them for the last two years, but to be honest, it has just been too painful.  Their passings were great losses for me and for so many others who knew them.

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Paul Dacier (L ’83) Assumes Presidency of the Boston Bar

Paul Dacier
Paul Dacier (Boston Globe)

An important part of professionalism is, well, participating in the profession. The Law School has a rich record of alumni and faculty involvement in most walks of the profession, including leadership positions in local and state bar associations. Many alumni have also been recognized for their outstanding work as lawyers.

Paul Dacier (Arts ’80; L ’83) is part of this distinguished cohort. In 2013 Paul has garnered well-deserved recognition for his legal work on behalf of EMC Corp., while also serving as the President of the Boston Bar Association (BBA) for 2013-14. Indeed, the Boston Globe reports that Paul is the first general counsel to assume the BBA’s presidency in its over 250 year history.

Paul is general counsel for EMC, a $20 billion, publicly traded corporation with over 60,000 employees and a legal department of over 100 lawyers. EMC is one of the nation’s leading corporations specializing in information storage (“the cloud”) and related technology. Under Paul’s direction, the legal department has successfully defended EMC’s position in high-visibility patent litigation and developed innovative approaches to mergers and acquisitions. The National Law Journal recently named EMC’s legal department as the Boston Legal Department of the year (August 2013).

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