advocacy law

8/10/2019 Advocacy Law

1/23

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:2 !anuary "# $shall come into force from " %ebruary "#&'

!une 22 $shall come into force from * !une 22&'+ ,ctober 2+ $shall come into force from 2# -ovember 2+&'

" %ebruary 2 $shall come into force from " .arch 2&'2/ .ay 2 $shall come into force from "# !une 2#&'

" !une 2# $shall come into force from 2+ !uly 2#&'2# ,ctober 2" $shall come into force from " !anuary 2""&0

1f a whole or art of a section has been amended3 the date of the amending law aears in s4uare brac5ets at theend of the section0 1f a whole section3 aragrah or clause has been deleted3 the date of the deletion aears ins4uare brac5ets beside the deleted section3 aragrah or clause0

The Sureme Council

of the 6eublic of Latvia

Law

7doted 2/ 7ril "+

Advocacy Law of the Republic of Latvia

Part One

General Provisions

"0 This Law regulates the rofessional and cororate activities of advocates0

20 7dvocacy shall be an integral element of the 8udicial system of a law9governed state0

+0 7n advocate shall be an indeendent and rofessional lawyer who rovides legal assistance

in defending and reresenting the lawful interests of ersons in court roceedings and re9trial

investigations3 roviding legal consultations3 rearing legal documents and erforming other

legal activities0

[27 May 2004]

0 1n accordance with the rocedure secified by this Law3 the following ersons may wor5 as

advocates in Latvia:

") sworn advocates'

2) assistants to sworn advocates'

+) citiens of ;uroean


2/23

[19 February 2004]

>0 7dvocates shall be indeendent and shall be sub8ect only to the Law in their rofessional

activities0

State authorities and local government institutions3 courts3 rosecutors and re9trial

investigation institutions shall guarantee the indeendence of advocates0

1t is rohibited to:") interfere in the rofessional activities of advocates3 exert influence or bring ressure

uon them'

2) re4uest information and exlanations from advocates3 as well as interrogate them as

witnesses regarding the facts which have become 5nown to them in roviding legal

assistance'

+) control ostal and telegrah corresondence and the documents3 which advocates

have received or reared in roviding legal assistance3 to examine or confiscate them3 as

well as to execute a search in order to find and confiscate such corresondence and

documents'

) control3 also by alying the rocedural measures referred to in Clause + of this

Section3 the information systems and means of communication3 including electronic means ofcommunication3 used by advocates in roviding legal assistance3 to remove information from

them and to interfere with the oeration thereof'

*) re4uest information from clients regarding the fact of assistance rovided by

advocates and the contents thereof'

>) sub8ect advocates to any sanctions or threats in relation to the rovision of legal

assistance to clients in accordance with the Law'

/) hold advocates liable for written or oral announcements3 which they have made

while erforming their rofessional duties in good faith0

7n unlawful action of an advocate in the interests of a client3 as well as an action for

the romotion of an unlawful offence of a client shall not be recognised as a rovision of legal

assistance0

[29 January 1998]

/0 7dvocates shall not be identified with their clients or the cases thereof in relation to the

fulfilling of the rofessional duties of an advocate0

#0 Clients have the right to freely choose an advocate for the defence and reresentation of

their interests and to meet the advocate without any restrictions and hindrance0 7ll detained3

arrested3 imrisoned and convicted ersons shall be rovided with the ossibility3 time and

resources to meet rivately with or contact an advocate in order to receive legal assistance

without delay3 interference or censorshi3 resecting comlete confidentiality0

0 7ll ersons shall be rovided with e4ual rights to legal assistance0 -atural ersons shall be

rovided with legal assistance irresective of their citienshi3 origin3 social3 financial3 official

and other status3 race3 nationality3 language3 sex3 education3 religious3 olitical and other

views3 arty affiliation3 tye and nature of occuation and lace of residence0

"0 State authorities and local government institutions3 courts3 rosecutors3 re9trial

investigation institutions and any individual shall ensure that the rovisions for roviding

legal assistance secified in regulatory enactments are fulfilled in relation to advocates and

their clients0

""0 The rocedure and regulations which3 in accordance with the Law3 exist in the laces in

which legal assistance is rovided shall be binding to advocates and their clients0

Translation 2"2 Valsts valodas centrs (State Language Centre) 2


3/23

"20 The State shall ay for legal assistance rovided by advocates and the exenses related to

the rovision thereof in the cases secified by law0

The comensation and reimbursable exenses3 which have occurred to the elder of the

sworn advocates when organising the erformance of defence and reresentation rovided by

the State3 shall be covered from the funds from the State budget which are intended for such

uroses0The rocedures for determination of comensation of the elder of the sworn advocates

and amounts thereof3 the tyes of reimbursable exenses3 the rocedures for determination of

reimbursable exenses and amounts thereof3 as well as the rocedures for granting of

comensation and reimbursable exenses of the elder of the sworn advocates and the content

of the reort on the use of the referred to financial resources and the rocedures for the

submission thereof shall be determined by the Cabinet0

[19 February 2004; 19 June 2008; 28 October 2010]

"+0 The state authorities have an obligation to listen to the Latvian Collegium of Sworn

7dvocates regarding matters related to the develoment of regulatory enactments and the

drafts thereof0[19 February 2004]

Part Two

Sworn Advocates

"0 ?ersons may be admitted as sworn advocates if they:

") are citiens of the 6eublic of Latvia'

2) have a faultless reutation'

+) have reached the age of twenty9five'

) have received a state9recognised diloma of second9level higher education in law

and have obtained the 4ualifications of a lawyer'

*) are fluent in the official language at the highest level'

>) have obtained wor5 exerience by wor5ing in any of the following ositions:

a) at least three years = in the osition of 8udge3

b) at least five years = in the osition of rosecutor3 sworn bailiff or sworn

notary3 or assistant to a sworn advocate3

c) at least seven years = in the osition of academic ersonnel secialising in

law at an institution of higher education or in any other osition with a 8uridical seciality'

/) have assed the advocate examination0

@octors of Law shall be exemted from the advocate examination0

[19 February 2004; 27 May 2004; 28 October 2010]

"*0 ?ersons may not be admitted as sworn advocates if:

") they do not meet the re4uirements secified in Section " of this Law'

2) trusteeshi has been established over them'

+) they have been declared insolvent debtors by a court'

) they are the susects or defendants in the criminal roceedings for committing an

intentional crime'

*) the criminal roceedings for committing an intentional crime against them have

been terminated for reasons other than exoneration'

>) they have been unished for committing an intentional crime3 regardless of whether

or not the conviction has been extinguished or set aside'/) they have committed an intentional crime reviously3 but have been released from

serving the sentence'

Translation 2"2 Valsts valodas centrs (State Language Centre) +


4/23

#) they have been withdrawn the right to hold the osition of the advocate or the

ositions secified in Section "3 ?aragrah one3 Clause > of this Law by a 8udgment of the

court in the criminal roceedings'

) on the basis of a decision in a discilinary matter they have been dismissed from the

osition of 8udge3 sworn bailiff3 assistant to a sworn bailiff3 sworn notary or assistant to a

sworn notary3 have been debarred from the number of sworn advocates3 assistants to sworn

advocates or dismissed from the osition of rosecutor until five years have not assed sincethe coming into effect of the decision ta5en in the discilinary matter'

") the Latvian Council of Sworn 7dvocates regards their occuation as incomatible

with the osition of sworn advocate in the society due to ethical reasons' or

"") they are emloyed in a direct or indirect State administrative institution3 derived

ublic erson3 other State institution or State (local) government caital comany3 excet for

teaching staff in educational establishments and ersons erforming the duties of legal adviser

in accordance with an agreement3 or they have not fulfilled the re4uirements secified in

Section 2 of this Law0

[27 May 2004; 19 June 2008]

">0 ?ersons shall be debarred from the number of sworn advocates if they:") have been declared insolvent debtors by a court'

2) trusteeshi has been established over them'

+) the criminal roceedings for committing an intentional crime against them have

been terminated for reasons other than exoneration'

) have been unished for committing an intentional crime3 regardless of whether or

not the conviction has been extinguished or set aside'

*) have committed an intentional crime3 but have been released from serving the

sentence'

>) have been derived from the right to hold the osition of advocate by a 8udgment of

the court in the criminal roceedings'

/) have falsely declared in the submission referred to in Section + of this Law that

there are no obstacles to their admission to the number of sworn advocates'

#) have not terminated the activity referred to in Clause " or "" of Section "* of this

Law uon the roosal of the Latvian Council of Sworn 7dvocates' or

) have been imosed a discilinary sanction = debarring from the numbers of sworn

advocates0

[27 May 2004; 19 June 2008]

">0"The Latvian Council of Sworn 7dvocates may susend the activities of a sworn advocate

for a time eriod while he or she is emloyed in a direct or indirect State administrative

institution3 derived ublic erson3 other State institution or State (local) government caitalcomany3 or for the time eriod of studies or rolonged illness3 as well as uon 8ustified

re4uest of the advocate in other cases0

The Latvian Council of Sworn 7dvocates shall susend the activities of such sworn

advocate whom the court has sentenced with the derivation of liberty for a crime committed

unintentionally = for the time eriod while he or she is held in the lace of imrisonment0

[19 February 2004; 27 May 2004; 19 June 2008]

"/0


5/23

0 "

of this Law0

[28 October 2010]

2+0 1n order to rovide advocates with material suort3 the Latvian Collegium of Sworn

7dvocates may create secial funds from the contributions of advocates3 as well as from the

donations of natural and legal ersons0

Translation 2"2 Valsts valodas centrs (State Language Centre) *


6/23

Division Two

General !eeting of Sworn Advocates

20 The Latvian Council of Sworn 7dvocates shall convene a Aeneral .eeting of Sworn

7dvocates0

20"

7dvocates of the ;uroean


7/23

,ther issues shall be determined by the general meeting by oen ballot with a simle

ma8ority of vote0

[27 May 2004]

+20 The newly elected Latvian Council of Sworn 7dvocates shall commence the fulfilment of

the duties thereof two wee5s after the day it was elected0

Division Three

Latvian Council of Sworn Advocates" Audit #oard and Disciplinary Proceedings

Coission

[27 May 2004]

++0 The Latvian Council of Sworn 7dvocates is an administrative3 suervisory and executive

institution of the Latvian Collegium of Sworn 7dvocates0

+0 The Latvian Council of Sworn 7dvocates shall:

") ta5e a decision regarding the admission and inclusion of sworn advocates and

assistants to sworn advocates3 and the exclusion3 susension or dismissal of sworn advocatesand assistants to sworn advocates3 as well as the susension of the activities of individual

sworn advocates and assistants to sworn advocates'

2) comile lists of sworn advocates and assistants to sworn advocates3 as well as the

elders of sworn advocates ractising within the court oeration territory and ensure ublic

access to these lists'

+) manage the organisational matters of the Latvian Collegium of Sworn 7dvocates'

) suervise the activities of sworn advocates and assistants to sworn advocates3

examine the issued comlaints regarding their activities3 as well as initiate discilinary

roceedings'

*) manage the training of assistants to sworn advocates'

>) ta5ing into account the location of courts3 the ,ffice of the ?rosecutor and re9trial

investigating authorities3 as well as the number of inhabitants in the relevant court oeration

territory3 determine the minimum number of sworn advocates therein which is re4uired in

order to ensure sufficient legal assistance3 but not limit the maximum number of sworn

advocates ractising within this court oeration territory'

/) arove the elder of the sworn advocates ractising in the court oeration territory3

as well as dismiss him or her from the duties of the elder of the sworn advocates uon his or

her re4uest or if he or she fails to fulfil the duties secified in this Law'

#) issue certificates of sworn advocates and assistants to sworn advocates'

) assign advocates to conduct cases in courts3 re9trial investigation institutions and

in other institutions in return for ayment for those ersons who due to a good reason cannotfind an advocate to conduct their case3 as well as uon the re4uest of the elders of the sworn

advocates of the court oeration territory assign advocates to erform defence and

reresentation rovided by the State in the criminal roceedings or to rovide State ensured

legal assistance in the cases secified by the Law'

") establish consultations for the rovision of legal assistance to oor ersons or

ersons of low9income'

"") see to the settling of the cases of such sworn advocates and assistants to sworn

advocates who have died3 are missing without information as to his or her whereabouts3 have

fallen ill or are unable to handle their own cases and the cases of their clients'

"2) determine the amount of comensation for an advocate and other exenses related

to the rovision of legal assistance according to Section */ of this Law if the advocate and hisor her client have differences of oinion related to this matter and they do not have a written

mutual agreement'

Translation 2"2 Valsts valodas centrs (State Language Centre) /


8/23

"+) determine the rocedures for and the amounts of ayments re4uired from sworn

advocates and assistants to sworn advocates for the maintenance of the Latvian Collegium of

Sworn 7dvocates'

") determine the rocedures by which the elders of the sworn advocates organise the

wor5 of advocates ractising in the court oeration territory3 as well as determine the

rocedures for drawing u the duty schedule for advocates necessary for the erformance of

State ensured defence and reresentation in the criminal roceedings'"*) ensure the organisation of the wor5 of advocates for the erformance of defence

and reresentation in the criminal roceedings uon the re4uest of the erformer of

rocedures3 as well as for the rovision of State ensured legal assistance in the cases secified

in the Law'

">) administer the financing granted from the State budget for the elders of the sworn

advocates of the court oeration territory in accordance with the rocedures rovided for in

the Cabinet 6egulation referred to in Section "23 ?aragrah three of this Law'

"/) determine the rocedures for the selection of the elder of the sworn advocates

ractising in the court oeration territory0

[30 October 2003; 19 February 2004; 27 May 2004; 19 June 2008; 28 October 2010]

+*0 .eetings of the Latvian Council of Sworn 7dvocates shall have a 4uorum if not less than

half of all members of the Council articiate therein3 including the chairerson or vice9

chairerson of the Council0

+>0 The Latvian Council of Sworn 7dvocates shall ta5e decisions by oen ballot with a simle

ma8ority0 1n the event of a tied vote3 the vote of the chairerson of the Council shall be the

deciding vote0

The decision shall enter into effect the next day after it has been ta5en if it has not

been stated otherwise in the decision0

[27 May 2004]

+/0 The decisions of the Latvian Council of Sworn 7dvocates may be aealed in accordance

with the rocedure secified by the 7dministrative ?rocedure Law0

7eal of a decision of the Latvian Council of Sworn 7dvocates regarding exclusion3

susension or dismissal of a sworn advocate from the number of the advocates or regarding

susension of the activities of a sworn advocate shall not susend the oeration of such

decision until the day of the coming into effect of the final ad8udication in the matter0

[19 February 2004; 19 June 2008]

+#0 The 7udit Board shall control the financial oeration of the Latvian Council of Sworn

7dvocates0The chairerson of the 7udit Board shall be elected from amongst the members of the

Board0

[27 May 2004]

+#0"The @iscilinary ?roceedings Commission shall examine the discilinary roceedings of

sworn advocates0

The chairerson of the @iscilinary ?roceedings Commission shall be elected from

amongst the members of the Commission0

[27 May 2004]

Translation 2"2 Valsts valodas centrs (State Language Centre) #


9/23

Division $our

Adission to and %nclusion in the &ubers of Sworn Advocates

+0 7 erson who wishes to 8oin the number of sworn advocates shall submit an alication

and the relevant documents to the Latvian Council of Sworn 7dvocates0 1n the alication3 the

alicant shall confirm that are no obstacles to his or her admission referred to in Section "*

of this Law0[27 May 2004; 19 June 2008]

0 The Latvian Council of Sworn 7dvocates shall dislay on remises thereof the list of the

ersons who have submitted documents for admission to the number of sworn advocates and

send it to the elder of the sworn advocates ractising in the territory of oeration of each court

and to the Court 7dministration together with an invitation to submit a comment regarding

such ersons within a time eriod of one month0

[19 February 2004; 19 June 2008]

"0 The Latvian Council of Sworn 7dvocates shall examine the submission and documents of

the alicant3 gather and consider all the necessary information and evaluate the comlianceof the alicant with the re4uirements of this Law0 1f the alicant conforms to the

re4uirements of this Law3 the Latvian Council of Sworn 7dvocates shall accet him or her to

ta5e the advocate examination0

[19 February 2004]

"0"The Latvian Council of Sworn 7dvocates shall organise the advocate examination not

less than once every six months0 The examination shall be received by a commission3 which

shall include:

") three @octors of Law delegated by the legal science romotion council'

2) three senators assigned by the Chief !ustice of the Sureme Court'

+) three sworn advocates assigned by the Latvian Council of Sworn 7dvocates'

) an authorised reresentative of the .inister for !ustice0

The .inister for !ustice shall arove the comosition of the examination board0

The chairerson of the examination board shall be elected from amongst the members

of the Commission0

[19 February 2004]

"02The Cabinet shall determine the fee for advocate examination0 The money contributed by

the examination shall be disbursed as a comensation to members of the examination board

and used to cover the exenses of organising the examination0

The Cabinet shall determine the rocedures for the examination of a sworn advocateand the fields in which the 5nowledge and s5ills of the alicant for the osition of a sworn

advocate are examined3 as well as the rocedures for their assessment0

[19 February 2004; 19 June 2008]

"0+1f the alicant has assed the examination for the osition of advocate and the Latvian

Council of Sworn 7dvocates has not received additional information that the obstacles

referred to in Section "* of this Law have arisen3 the Latvian Council of Sworn 7dvocates

shall admit him or her to sworn advocates0

1f the alicant has not assed the examination for the osition of advocate3 he or she

has the right to ass this examination reeatedly no sooner than after "2 months0 1f the

alicant has not assed the examination for the osition of advocate reeatedly3 it shall beermitted to ta5e this examination each next time when at least three years have elased after

the revious non9assed examination0

Translation 2"2 Valsts valodas centrs (State Language Centre)


10/23

[19 February 2004; 19 June 2008; 28 October 2010]

20 1f an alication regarding admission to the numbers of sworn advocates has been

submitted by a erson who has an occuation which cannot be combined with the duties of an

advocate (Section "*3 Clauses " and "" of this Law)3 the Council may ta5e a decision

regarding the admission of such erson3 yet the decision shall enter into effect and the erson

shall be allowed to ta5e the oath and be included in the list of sworn advocates only after sucherson has terminated the referred to occuation0

[27 May 2004; 28 October 2010]

+0 $" %ebruary 2&

0 $+ ,ctober 2+&

*0 hen admitting a sworn advocate3 the Latvian Council of Sworn 7dvocates shall

determine in which regional court these sworn advocates shall wor5 and in the territory of

oeration of which court these sworn advocates shall ractice0

[19 June 2008]

>0 The Latvian Council of Sworn 7dvocates shall reort on the admission of a sworn

advocate to the Chief !ustice of the Sureme Court3 who shall receive the oath of the newly

admitted sworn advocate:

D1 swear to be faithful to Latvia3 to observe the State laws in good faith and with

conviction3 to treat the courts and national authority with resect3 not to write and sea5

anything in my wor5 as an advocate that could harm the State3 society3 family and morality3 to

honestly fulfil the duties of a sworn advocate3 to defend the interests of my authorising

ersons or the interests of such ersons whose cases 1 conduct3 aware that 1 shall be liable for

my actions before the Law0E

/0 7fter giving the oath3 the erson admitted to the numbers of sworn advocates shall be

included in the list of sworn advocates3 the Latvian Council of Sworn 7dvocates shall ma5e

an announcement regarding his or her admission to the numbers of sworn advocates in the

official newsaer3 inform the .inister for !ustice and issue a secial certificate to the newly

admitted sworn advocate0

Part $our

Duties" Rights and Liabilities of Sworn Advocates

Division $iveRights and Duties of Sworn Advocates

#0 1n roviding legal assistance3 a sworn advocate is entitled to:

") defend and reresent a erson re4uesting legal assistance and his or her rights and

legal interests in all courts3 the ,ffices of the ?rosecutor and re9trial investigation

institutions3 as well as in all State and local government institutions3 as well as in other

institutions3 organisations and comanies (underta5ings)'

2) amass evidence3 also re4uesting all documents necessary for the rovision of legal

assistance from State and local government institutions3 as well as from other institutions3

organisations and comanies (underta5ings) which must submit these documents or true

coies thereof in accordance with the rocedures and cases secified by the Law and shallensure the advocate with the oortunity to become ac4uainted with them3 as well as to

Translation 2"2 Valsts valodas centrs (State Language Centre) "


11/23

receive the oinion of exerts in issues which re4uire the relevant 5nowledge3 in accordance

with the rocedures related to the rovision of legal assistance rescribed by the Law'

+) become ac4uainted with the regulatory enactments and individual enactments of

State and local government institutions3 court3 the ,ffices of the ?rosecutor and re9trial

investigation institutions3 as well as other information related to the rovision of legal

assistance3 as well as to receive true coies of these documents0

State and local government institutions3 as well as other institutions shall issue thedocuments referred to in ?aragrah one3 Clause 2 of this Section or true coies thereof uon

the re4uest of a sworn advocate within one month3 unless otherwise secified in the Law0

[19 June 2008; 28 October 2010]

#0"The authorisation of the sworn advocate and the scoe thereof3 as well as the right to

fulfil the tas5s secified in Section # of this Law shall be attested by a retainer3 the samle of

which is aroved by the Latvian Council of Sworn 7dvocates0

[19 June 2008]

0 The sworn advocate shall use all resources and methods rovided for in the Law in

defending and reresenting the rights and legal interests of ersons re4uesting legalassistance0

*0 Sworn advocates shall wear secial clothing = a gown0

*"0 Sworn advocates shall rovide legal assistance to any erson in civil roceedings3

administrative roceedings or in other matters in cases secified by the law uon agreement

with clients or in cases secified in this Law = uon being commissioned by the Latvian

Council of Sworn 7dvocates or the elder of the sworn advocates0

[19 February 2004; 19 June 2008]

*20 1n criminal cases3 sworn advocates shall underta5e to defend ersons3 who have the right

to defence3 and convicted ersons3 reresent victims and rovide legal assistance to any

erson in the criminal roceedings0

7 sworn advocate shall erform the activities referred to in ?aragrah one of this

Section:

") uon agreement with a erson or reresentative thereof'

2) in the cases secified in this Law = uon being commissioned by the Latvian

Council of Sworn 7dvocates or the elder of the sworn advocates' or

+) uon being commissioned by the erformer of roceedings = searate rocedural

activities secified in the Criminal ?rocedure Law0

[27 May 2004; 19 June 2008]

*20"Sworn advocates have a duty to erform the State ensured defence and reresentation in

searate rocedural activities secified in the Criminal ?rocedure Law in the time indicated

by the erformer of the rocedures in accordance with the duty schedule for advocates drawn

u in accordance with the rocedures secified by the Latvian Council of Sworn 7dvocates0

1f a sworn advocate cannot articiate in searate rocedural activity himself or

herself in the time indicated by the erformer of roceedings3 he or she shall ensure that

another sworn advocate arrives instead of him or her for the rovision of legal assistance and

shall inform the erformer of roceedings thereof0

[19 June 2008; 28 October 2010]

Translation 2"2 Valsts valodas centrs (State Language Centre) ""


12/23

*+0 7 client may re4uest a sworn advocate to conduct his or her case to the full extent until the

conclusion thereof or to authorise him or her to comlete a articular tas50 1t is not rohibited

to hire several sworn advocates for the same case0

*0 The Latvian Council of Sworn 7dvocates shall assign a sworn advocate to conduct cases

only after co9ordination with the elder of the sworn advocates of the relevant court oeration

territory0[27 May 2004; 19 June 2008]

*0"The elder of the sworn advocates shall:

") organise the wor5 of advocates ractising in the court oeration territory3 as well as

shall draw u the duty schedules for advocates for the erformance of the State ensured

defence and reresentation in the criminal roceedings uon the re4uest of a erformer of

roceedings or uon being commissioned by the Latvian Council of Sworn 7dvocates = also

in other matters'

2) immediately but not later than within three wor5ing days after receit of the re4uest

from a erformer of the roceedings3 notify him or her regarding articiation of the advocate

in the criminal roceedings'+) assign the erformance of the State ensured defence and reresentation to the

advocates ractising in the relevant court oeration territory'

) rovide the suort to other elders of the sworn advocates of the court oeration

territory for the rovision of the State ensured defence and reresentation0

The elder of the sworn advocates has the right to receive the comensation from the

funds from the State budget which are intended for such uroses for organising the wor5 of

advocates for the erformance of State ensured defence and reresentation3 as well as

reimbursement for covering of the exenses which have occurred erforming the referred to

functions0

[19 June 2008; 28 October 2010]

**0 Sworn advocates may not refuse the agreement entered into or to fulfil the duties assigned

to them without roviding 8ustification0

[19 June 2008]

*>0 $2/ .ay 2&

*/0 Sworn advocates shall enter into a written agreement with the client regarding underta5ing

to conduct a case and the amount of the relevant comensation0

The client may hire one sworn advocate to relace another at any time or to underta5e

the conducting of the case himself or herself3 remunerating the advocate for the 8ob he or shehas erformed in accordance with the written agreement0

1n case of a disute3 if the agreement between a sworn advocate and a client has not

been entered into writing3 the comensation in double amount3 as well as other reimbursable

exenses related to the rovision of legal assistance shall be determined for the advocate in

amounts secified in regulatory enactments regarding the remuneration for the State ensured

legal assistance0 The comensation for the advocate and other reimbursable exenses shall be

covered by the client0 1n addition to the comensation and other exenses related to the

rovision of legal assistance3 the exenses related to ac4uiring of written evidence shall be

reimbursed in actual amount of such exenses0

The comensation for the advocate and other reimbursable exenses related to the

rovision of legal assistance in the case referred to in ?aragrah three of this Section shall notbe covered from the funds from the State budget0

[19 June 2008]

Translation 2"2 Valsts valodas centrs (State Language Centre) "2


13/23

*#0 $" !une 2#&

[19 February 2004; 19 June 2008]

*0 Sworn advocates shall 5ee records of client cases in accordance with the rocedures

determined by and by the Latvian Council of Sworn 7dvocates and under the control thereof0

[27 May 2004]

>0 Sworn advocates shall have a stam with their given name and surname0

>"0 $" !une 2#&

[27 May 2004; 19 June 2008]

>20 $" !une 2#&

>+0 1t is rohibited for a sworn advocate to urchase or ac4uire in some other way the rights of

authorising ersons in their cases not only in his or her name3 but also in such a way as if he

or she ac4uired these rights for other ersons0 7ny deals of this 5ind shall be deemed invalid0

>0 7 sworn advocate may not act in court as the authorised erson of his or her relatives in

ascending and descending line3 souse3 brothers or sisters of whole blood3 as well as the

brothers and sisters of his or her father or mother0

>*0 7 sworn advocate may not simultaneously be both the advisor and the authorised erson

of both arties3 and he or she may not change sides from one arty to the other in one and the

same case0

>>0 7 sworn advocate may not underta5e to conduct a case or the duties of defender if the

8udge of this case or the official examining this case is his or her souse3 his or her relative or

a relative of his or her souse in a direct line without any restrictions as to the degree of

5inshi3 but in collateral lines = 5inshi of the first three degrees or affinity of two degrees0

>/0 7 sworn advocate may not divulge the secrets of his or her authorising erson not only

while conducting the case3 but also after being relieved from the conducting of the case or

after the comletion of the case0 The advocate shall ensure that these re4uirements are also

observed in the wor5 of his or her staff0

>#0 7 sworn advocate shall notify the Latvian Council of Sworn 7dvocates regarding a change

of the address of his or her ractice0[28 October 2010]

>0 7 sworn advocate shall be discharged from the numbers of sworn advocates on the basis

of his or her alication or due to his or her death3 or uon the initiative of the Latvian

Council of Sworn 7dvocates if he or she is unable to erform the duties of a Sworn 7dvocate

due to his or her health condition3 as well as if he or she has not made ayments for the

maintenance of the Latvian Collegium of Sworn 7dvocates for more than six months due to

un8ustified reasons0 The rocedures for discharging shall be determined by the articles of

association of the Latvian Collegium of Sworn 7dvocates0

[27 May 2004]

Translation 2"2 Valsts valodas centrs (State Language Centre) "+


14/23

Division Si'

Liability of Sworn Advocates

/0 Sworn advocates shall have discilinary and material liability for their actions in

accordance with the rocedures secified by this Law0

/0"

Sworn advocates shall3 in accordance with the rocedures secified in this Law regardingthe erformance of duties of the elder of the sworn advocates3 be held discilinary liable0

[19 June 2008]

/"0 %or violations of the Law and other regulatory enactments3 the articles of association of

the Latvian Collegium of Sworn 7dvocates3 as well as for violations of the instructions

regulating the wor5 of sworn advocates and the norms of the rofessional ethics of sworn

advocates3 the Latvian Council of Sworn 7dvocates may initiate discilinary roceedings

uon the roosal of the court or rosecutor3 as well as on the basis of the comlaints of

ersons or uon their own initiative3 sending the case materials for examination to the

@iscilinary ?roceedings Commission0

The Latvian Council of Sworn 7dvocates is entitled to exlain to sworn advocates thewrongfulness of their conduct3 without initiating discilinary roceedings0

[27 May 2004]

/"0".eetings of the @iscilinary ?roceedings Commission shall be recorded in minutes0 The

chairerson of the Commission and the recorder of minutes shall sign the minutes0

[27 May 2004]

/"02 7fter an examination of discilinary roceedings the @iscilinary ?roceedings

Commission shall ta5e one of the following decisions:

") regarding the imosition of discilinary sanction uon a sworn advocate'

2) regarding the termination of discilinary roceedings0The @iscilinary ?roceedings Commission is entitled to ta5e a decision if more than

one half of the members thereof is resent at the Commission meeting0

The @iscilinary ?roceedings Commission shall ta5e decisions with a simle ma8ority

of votes0 1n the event of a tied vote3 the vote of the chairerson of the Commission shall be the

deciding vote0 1f any of the members of the @iscilinary ?roceedings Commission have a

differing oinion3 it shall be recorded in the minutes0

7ll members of the @iscilinary ?roceedings Commission resent at the meeting shall

sign the decision0

The decision shall indicate whether the activities erformed by the sworn advocate are

4ualified as a discilinary violation and what 5ind of unishment is imosed uon him or her0

[27 May 2004]

/20 hen initiating discilinary roceedings or during the examination of a discilinary

matter3 the Latvian Council of Sworn 7dvocates has the right to susend a sworn advocate

from fulfilling his or her duties0

[27 May 2004]

/+0 The @iscilinary ?roceedings Commission has the right to imose the following

sanctions:

") to issue a reroof'

2) to issue a rerimand'+) to determine another location for a ractice or to rohibit to ractice in a location

for a time eriod of u to three years'



15/23

) to rohibit to erform the duties of an advocate for a time eriod not longer than

one year'

*) to debar from the numbers of sworn advocates0

,n the basis of the decision referred to in ?aragrah one3 Clause * of this Section3 the

Latvian Council of Sworn 7dvocates shall debar a erson from the numbers of sworn

advocates0

[27 May 2004]

/0 7 discilinary sanction = a debarring from the numbers of sworn advocates = may be

imosed:

") for an intentional violation of the Law'

2) for a severe violation of the norms of the ethical code of sworn advocates'

+) if a discilinary sanction has been reeatedly imosed'

) if a sworn advocate does not erform the duty imosed by a discilinary sanction0

[27 May 2004]

/*0 $2/ .ay 2&

/>0 7 discilinary sanction may be imosed uon a sworn advocate not later than three

months after the day the discilinary violation was disclosed and not later than two years after

the discilinary violation was committed0

[27 May 2004]

//0 The @iscilinary ?roceedings Commission may not imose any of the sanctions referred

to in Section /+ of this Law uon a sworn advocate if it has not reviously re4uested a written

exlanation from such sworn advocate0

[27 May 2004]

/#0 hen examining a discilinary matter3 the @iscilinary ?roceedings Commission shall

invite a sworn advocate to rovide an oral exlanation0

[27 May 2004]

/0 1f a sworn advocate does not rovide exlanations within the time eriod secified by the

@iscilinary ?roceedings Commission or fails to attend the meeting of the @iscilinary

?roceedings Commission without 8ustifying reasons3 the @iscilinary ?roceedings

Commission shall ta5e a decision on the basis of the circumstances ascertained in the matter

and the information at its disosal0

[27 May 2004]

#0 hen examining discilinary matters3 the @iscilinary ?roceedings Commission has the

right to also listen to the exlanations of other ersons and to re4uest the oinions of exerts3

to re4uest information and documents from State and local government institutions3 as well as

from other institutions3 organisations3 comanies (underta5ings) and the officials thereof0

[27 May 2004]

#"0 7 erson uon whom a discilinary unishment has been imosed may aeal to the court

the decisions of the @iscilinary ?roceedings Commission in accordance with the rocedures

secified in the 7dministrative ?rocedure Law0

[27 May 2004]

#20 The @iscilinary ?roceedings Commission shall ma5e an announcement regarding the

unishment of a sworn advocate to the submitter of the comlaint3 the Latvian Council of

Translation 2"2 Valsts valodas centrs (State Language Centre) "*


16/23

Sworn 7dvocates and the .inister for !ustice after the entering into effect of the decision0 The

Latvian Council of Sworn 7dvocates shall also announce the debarring of a sworn advocate in

the official newsaer0

[27 May 2004]

Part $ive

Assistants to Sworn Advocates

Division Seven

General Provisions

#+0 7n assistant to a sworn advocate may be a citien of Latvia who has reached the age of

twenty9one and who:

") comlies with the rovisions rovided for in Section "3 Clauses 23 and * of this

Law'

2) has indicated which of the sworn advocates has agreed to be his or her atron = who

has underta5en to guide3 teach3 emloy and suervise the assistant'

+) has successfully assed the admittance examination of an assistant to a swornadvocate0

[27 May 2004; 28 October 2010]

#0 The atron of an assistant to a sworn advocate may be a sworn advocate who has ractised

as a sworn advocate for at least seven years and is caable of guiding3 emloying and

suervising the assistant0 The Latvian Council of Sworn 7dvocates shall ma5e a case9by9case

8udgement regarding this0

[28 October 2010]

#*0 7 sworn advocate may have not more than one assistant0

[19 February 2004; 28 October 2010]

#>0 The ersons referred to in Section "*3 Clauses 23 +3 3 *3 >3 /3 #3 3 " and "" of this Law

may not be admitted as assistants to sworn advocates3 and the ersons referred to in Section

">3 Clauses "3 23 +3 3 *3 > and # of this Law shall be debarred from the number of assistants

sworn advocates0

The activities of assistants to sworn advocates shall be stoed or they shall be

susended from the fulfilment of their duties in accordance with the rovisions of Sections

">0"and "/ of this Law0

[27 May 2004; 19 June 2008]

Division (ight

Adission as an Assistant to Sworn Advocates

#/0 The Latvian Council of Sworn 7dvocates shall admit assistants to sworn advocates not

less than twice er year3 determining in advance the time eriod of admission0

[19 February 2004]

##0 $" %ebruary 2&

#0 7n alicant for the osition of assistant to a sworn advocate shall submit the documents

referred to in Section + of this Law to the Latvian Council of Sworn 7dvocates0 1f thealicant conforms to the re4uirements of this Law3 the Latvian Council of Sworn 7dvocates

shall ta5e a decision to admit him or her to the numbers of assistants to sworn advocates0

Translation 2"2 Valsts valodas centrs (State Language Centre) ">


17/23

[19 February 2004]

0 The chairerson or the vice9chairerson of the Latvian Council of Sworn 7dvocates shall

announce in the Council meeting the decision regarding admission to the numbers of

assistants to sworn advocates3 shall give the newly admitted erson the general instructions

regarding the wor5 and duties of an assistant to a sworn advocate3 but ersons who have been

admitted to the numbers of assistants to sworn advocates shall give an oath to honestly andconscientiously fulfil his or her duties0

"0 The Latvian Council of Sworn 7dvocates shall ma5e an announcement in the official

newsaer and shall inform the .inister for !ustice3 as well as the elder of the ractising

sworn advocates of the relevant court oeration territory regarding ersons who have been

admitted to the numbers of assistants to sworn advocates3 as well as regarding where and with

which atron he or she shall wor50

[19 June 2008]

Division &ine

Duties and Rights of Assistants to Sworn Advocates

20 7ssistants to sworn advocates shall wor5 under the guidance and suervision of sworn

advocates0

[30 October 2003]

+0 7ssistants to sworn advocates may not conduct cases in courts and re9trial investigation

institutions during the first six months after their admission0 @uring this eriod3 assistants to

sworn advocates shall reare themselves for the fulfilling of the duties of an advocate3

wor5ing under the guidance of a atron and erforming searate tas5s under the suervision

of the atron0

[19 February 2004; 27 May 2004]

0 7fter one year an assistant to a sworn advocate shall ta5e the first examination of an

assistant to a sworn advocate according to the rocedures secified by the ?rofessional

?rearedness3 7ctivity Suervision and ;xamination Commission of 7ssistants to Sworn

7dvocates0 7fter assing this examination3 the assistant to a sworn advocate may conduct

cases in courts3 the ,ffices of the ?rosecutor and re9trial investigation institutions uon the

basis of the reauthoriation of a atron and under the guidance thereof0

1f an assistant to a sworn advocate does not ass the examination within a time eriod

of two years3 the Latvian Council of Sworn 7dvocates shall ta5e a decision on his or her

debarring from the number of assistants to sworn advocates0[27 May 2004; 19 June 2008; 28 October 2010]

*0 7fter two years an assistant to a sworn advocate shall ta5e the second examination of the

assistant to the sworn advocate according to the rocedures secified by the ?rofessional

?rearedness3 7ctivity Suervision and ;xamination Commission of 7ssistants to Sworn

7dvocates0

1f the second examination has been assed and the relevant re9trial investigation

institutions3 the ,ffices of the ?rosecutor3 the courts3 as well as the elder of the sworn

advocates of the relevant court oerating territory have not given negative comments

regarding legal assistance rovided by the assistant to the sworn advocate3 the Latvian

Council of Sworn 7dvocates may allow the assistant to the sworn advocate to conduct casesin re9trial investigation institutions3 the ,ffices of the ?rosecutor and courts without

reauthoriation3 excet for criminal cases in regional courts and the Sureme Court' the

Translation 2"2 Valsts valodas centrs (State Language Centre) "/


18/23

assistant to the sworn advocate may conduct these cases uon the reauthoriation of a atron

and under the guidance thereof0

[27 May 2004; 19 June 2008; 28 October 2010]

>0 7fter an assistant to a sworn advocate has wor5ed under the guidance of a atron for five

years3 he or she may ta5e the advocate examination0

[27 May 2004; 28 October 2010]

/0 $2/ .ay 2&

#0 The Latvian Council of Sworn 7dvocates shall issue the relevant certificate to the

assistant to a sworn advocate for the conducting of cases without the reauthoriation of a

atron in accordance with the rocedures secified in Section * of this Law0

[27 May 2004]

0 ;ach assistant to a sworn advocate shall register all the cases conducted by him or her in

accordance with the rocedures aroved by the Latvian Council of Sworn 7dvocates and the

list of such cases shall be submitted to the Council together with exlanations regarding his orher activities3 which have been certified by a atron0

"0 1t is mandatory that assistants to sworn advocates articiate in all events organised by

the Latvian Council of Sworn 7dvocates for the raising of 4ualifications3 as well as shall

erform all other duties imosed uon them by the Council0

7ssistants to sworn advocates shall3 after assing the examinations of an assistant to a

sworn advocate secified in Sections and * of this Law3 erform State ensured defence

and reresentation in the criminal roceedings in all court oeration territories uon being

commissioned by the Latvian Council of the Sworn 7dvocates or in the cases secified in this

Law = uon being commissioned by the elder of the sworn advocates of the relevant court

oeration territory3 or uon invitation of a erformer of roceedings in the cases secified in

Section *20"of this Law0

[19 June 2008; 28 October 2010]

""0 7n assistant to a sworn advocate shall wor5 for five years0 7n assistant to a sworn

advocate who is not admitted to the numbers of sworn advocates within the time eriod of the

next two years shall be debarred from the numbers of assistants to sworn advocates0 The

Latvian Council of Sworn 7dvocates may extend the term for a time eriod of one year due to

8ustified reasons0

[19 February 2004; 28 October 2010]

"20 1n relation to the rights and duties of assistants to sworn advocates3 the rovisions of

Sections #9> shall be alied0

Division Ten

Preparation" Supervision and Liability of Assistants to Sworn Advocates

"+0 The Latvian Council of Sworn 7dvocates shall establish the ?rofessional ?rearedness3

7ctivity Suervision and ;xamination Commission of 7ssistants to Sworn 7dvocates for the

rofessional training of assistants to sworn advocates3 suervision of the activity thereof and

guidance0

The ?rofessional ?rearedness3 7ctivity Suervision and ;xamination Commission of7ssistants to Sworn 7dvocates shall develo and arove 4uestions and rocedures for the

Translation 2"2 Valsts valodas centrs (State Language Centre) "#


19/23

admission examination of an assistant to a sworn advocate3 as well as shall grade this

examination0

[28 October 2010]

"0 The direct suervision of the activities of an assistant to a sworn advocate shall be

erformed by a atron whose instructions shall be binding to the assistant0

"*0 1n relation to the liability of assistants to sworn advocates3 the rovisions of Sections /9

#2 of this Law shall be alied0

Part Si'

$inancial Activities of Sworn Advocates

">0 Sworn advocates shall ractice a liberal rofession0

"/0 The rofessional activities (ractice) of sworn advocates shall be 4ualified as intellectual

wor53 and the aim thereof shall not be the ma5ing of a rofit0

"#0 The ractice of sworn advocates shall be organised exclusively in the manner rescribed

by this Law0

"0 Sworn advocates shall commence their ractise only after their admission into the list of

sworn advocates0

[30 October 2003; 28 October 2010]

""0 1f a sworn advocate has ermitted an infringement of the rights of a client and the

conse4uences thereof are some 5ind of damage3 the client has the right to re4uest satisfaction

from the sworn advocate3 in so far as he or she may be at fault for such infringement0

"""0 1n the cases secified in Section "" of this Law3 a sworn advocate shall be liable for the

damages caused to the client which have occurred as a result of legal assistance rovided by

such an assistant to a sworn advocate erforming duties under his or her guidance who has not

assed the second examination of an assistant to a sworn advocate3 as well as the result of the

conducting of cases uon the basis of the reauthoriation of a atron0

[27 May 2004]

""20 7n assistant to a sworn advocate shall be resonsible to his or her client in the cases

secified in Section "" beginning with the moment when the assistant to a sworn advocate

has received the ermission of the Latvian Council of Sworn 7dvocates (Section # of thisLaw) and has began to conduct cases without the reauthoriation of a atron0

""+0 ,nly Latvian sworn advocates and assistants to sworn advocates are entitled to offer the

assistance of an advocate for the conducting of cases in courts3 as well as to advertise such

assistance0

The advertising rovisions of Latvian sworn advocates and assistants to sworn

advocates shall be determined by the articles of association of the Latvian Collegium of

Sworn 7dvocates0

[30 October 2003]

""0 The ossible ris5 of losses resulting from the rofessional activities of sworn advocatesand assistants to sworn advocates may be insured0

7 sworn advocate shall inform his or her client if he or she has not been insured0



20/23

""*0 Sworn advocates shall be financially indeendent in their rofessional activities0

"">0 Sworn advocates shall ractice individually or also in collaboration exclusively with

other sworn advocates0

Sworn advocates may establish offices of sworn advocates3 which shall be registered

in the Latvian Council of Sworn 7dvocates0[27 May 2004]

""/0 Sworn advocates shall ractice directly and ersonally0

""#0 Sworn advocates may emloy technical3 financial or advisory staff on the basis of a

contract of emloyment for whose activities they shall be liable and who are rohibited to

engage in the roviding of legal assistance0

""0 Sworn advocates shall maintain accounts of their income and exenses0 1ncome from the

ractice of a sworn advocate shall consist of the ayments of clients for the legal assistance

rovided0 The exenses of sworn advocates shall be exenses related to the rovision of legalassistance or that are secified in this Law0

[30 October 2003]

"20 [30 October 2003]

Part Seven

Activities of Advocates of (uropean )nion !eber States in Latvia

[30 October 2003]

Division (leven

Procedures for the Registration of Advocates of (uropean )nion !eber States and the

Professional Activities thereof under their *oe+country Professional Titles

"2"0 1f an advocate of a ;uroean


21/23

The rofessional body of which the advocate of a ;uroean


22/23

law to the Latvian Council of Sworn 7dvocates3 he or she shall be issued a certificate for the

recognition of rofessional 4ualification0

"+20 1n order to certify the necessary s5ills and 5nowledge3 an alicant shall submit an

alication and the relevant documents regarding the number and content of the cases3 which

he or she has handled to the Latvian Council of Sworn 7dvocates0 The Latvian Council of

Sworn 7dvocates shall examine the efficiency and regularity of the activities of the relevantadvocate3 additionally re4uiring exlanations from the advocate in oral or written form0

"++0 1f an advocate of a ;uroean


23/23

arove the elders of the sworn advocates of court oeration territories who commence their

activity from " !anuary 2"0

[19 June 2008]

>0

advocacy law

Documents