Práva a povinnosti advokáta k mandantovi v právní úpravě Spolkové republiky Německo
The Rights and Duties of Attorneys Towards a Mandant within the Legislation of the Federal Republic of Germany

Summary/Abstract: The paper is devoted to the issue of the legal and moral obligations of an attorney with respect to a mandant, which form the fundamental basis for legal profession, in the legislation of the Federal Republic of Germany. These rules of professional conduct are analysed in the terms of the two fundamental codes – Federal Lawyer´s order – Bundesrechtsanwaltsordnung (BRAO) and Rules of professional conduct for attorneys – Berufsordnung für Rechtsanwälte (BORA). I have particularly focused on the general professional duties of an attorney, the duty of independence and dispassionateness, the duty of non-representing the contradictory interests, the duty to be insured, the question of responsibility to a client for any damage, the right and duty to refuse to provide legal services and the duty of information. A great emphasis is placed on the elementary duty of confidentiality (non-diclosure), the duty of further education (as an inspirational aspect for the Czech legal regulation), the issue of attorney´s fee and the duties during the attorney´s custody of his client ´s money, securities or other assets. The paper is written in the form of an overview essay used the Anglo- Saxon style which gives main emphasis on the nonambiguity and clarity of statements.

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