Professional services regulation: lawyers or other licensed conveyancers

• Author: Ovcak Kos, Maja
• Pages: 39-42

Consum er mar ket stud y on the fun ctio ning of the r eal estate servi ces for consum ers in the EU – Coun try Fiche Sloven ia

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8. Professional services r egulation: lawyers or ot her licensed conveyancers ( only r elevant if legally admit t ed to perform real

est ate t ransact ions and/ or to assist the conclusion of tenan cy agreements)

8.1 Mar ket entry and st ruct ure regulation

Ta ble 18: Mar ke t e nt ry a nd str uct ure regu lat ion

Regu lati on

Subj ect ive

re quirement s

Cond it ions (dip lomas, ex ams,

con cour s) r equir ed t o become

a l awyer in y our countr y.

Accor ding to the At tor ney Act , a per son can becom e an atto rney , if he/ she fulf ils t he f ollow ing

condit ions ( Article 2 5):

- He/she is a ci tizen of t he Repu blic of Slovenia;

- He/ she h as the capaci ty to cont ract ;

- He/ she has obt ained the f ollowi ng pr ofessi onal ti tle in t he Repu blic of Sloveni a or has obt aine d

a com parable d egree ab road , recog nized u nder t he Recogn ition and Eval uation of Educa tion Act:

univ ersit y grad uate l awyer, gr aduate lawy er (UN) an d m aste r of law , m aster of law on th e ba sis

of t he u nif orm mast ers prog ram me;

- He/ she has p assed t he l egal state exam;

- He/ she has 4 yea rs o f practical exper ience as a un iver sit y gr adu ate lawy er, out of wh ich at

lea st 1 year aft er passin g the legal state ex am at one of the following opt ions: at a lawy er’s

off ice, in court, at th e st ate prosecu tor ’s of fice, st ate att orney’s offi ce or at a n otar y’s offi ce, a ll

wi th a f ull tim e em ploy ment cont ract ;

-He/ she has a n act ive command of Sloven e language;

-He/ she is w ort h t he tru st of perform ing th e pr ofes sion of a l awy er;

-He/ she has t he prem ises and eq uipm ent th at are r equi red and sui ted for pract icin g the

pr ofession of a lawyer;

-He/ she has p assed th e ex am abo ut the Att orney Act, Th e At tor ney Tari ff and th e Cod e of

pr ofessi onal condu ct at the Ba r Ass ociat ion of Slovenia.

The adm ission to the Bar and/ or the disbarr ing is subj ect to th e decision of t he Adm inistr ative

Board of the Bar Ass ociat ion in th e ad min istrati ve p rocedu re.

Objectiv e

re quir em ents

Do num erus clauses and ot her

objectiv e requir ement s exist ?

/

Cit ize nsh ip

re quirement s

Are f oreign cand idat es

adm itted de iure and al so de

facto u nder the sa me

condit ions as n ational s?

A f orei gn at tor ney who has been granted the r ight t o pr acti se as an at tor ney in his or h er

count ry of or igin ma y do t he f ollow ing in t he Rep ublic of Slov enia under the condition s laid dow n

by that Act: provide specif ic at tor ney services tha t r elate t o practi sing as an at tor ney, pr acti se as

an att orney under the prof essional tit le of his or h er coun try of orig in, pract ise as an atto rney

un der th e tit le of 'at tor ney' (odv etni k).