Attorney

What it means

An attorney is a lawyer on the roll of the Slovak Bar Association entitled to provide legal services for a fee. They represent clients before courts, authorities and in negotiations, draft contracts, assess risks and advise in disputes.

Admission requires a law degree, several years as a trainee attorney and the bar exam. Attorneys carry compulsory insurance for damage caused to clients and are bound by confidentiality about everything they learn from a client.

Unlike a notary, who is impartial, an attorney defends the client's interests. Attorneys may also hold money in attorney escrow, which, like notarial escrow, is kept separate from their own assets.

How it works in practice

Companies use attorneys for company formation, share transfers, contracts with key partners, employment disputes and debt collection. Representation by an attorney is mandatory when filing a lawsuit before higher courts and in some other proceedings.

The relationship starts with a power of attorney defining the scope of representation. Fees may be hourly, fixed or success-based, and in litigation part of the costs may be recovered from the other side.

Accountants and attorneys often complement each other: the accountant knows the numbers and taxes, the attorney the legal risks. In transactions such as the sale of a company their work comes together in one due diligence.

What to watch out for

Before instructing an attorney, check that there is no conflict of interest, such as representing the other party. The attorney must check this, but asking openly at the start avoids problems later.

The power of attorney should be precisely defined. A general power for all acts gives the attorney wide scope, and when the relationship ends it must be expressly revoked and the court or authority informed.