Consumer Information
CLIENT NOTICE.
Information provided to the client in accordance with the laws governing the practice of law and the provision of services in the internal market.
Client Information pursuant to Section 1c and Section 18(4) of Act No. 586/2003 Coll. on the Legal Profession and on Amendments to Act No. 455/1991 Coll. on Trade Licensing (Trade Licensing Act), as amended (hereinafter referred to as the “Act”), Section 6 of Act No. 136/2010 Coll. on Services in the Internal Market and on Amendments to Certain Acts (hereinafter referred to as the “ZSVT”) and Section 18 Decree of the Ministry of Justice of the Slovak Republic No. 655/2004 Coll. on the Fees and Reimbursements of Attorneys for the Provision of Legal Services (hereinafter referred to as the “Decree”).
Legal Services Provider
JUDr. Martin Friedrich LAW FIRM, Attorney at Law, with its registered office at Františkánska 5, 040 01 Košice, Company ID No.: 42319528, Tax ID No.: 1078988790 (hereinafter referred to as the “Attorney”), practices law in accordance with the Act based on his registration with the Slovak Bar Association. JUDr. Martin Friedrich, attorney, is a member of the Slovak Bar Association, and his academic degree was awarded in the Slovak Republic.
He is registered under No. 6333 in the list of attorneys maintained by the Slovak Bar Association. The practice of law is a regulated profession (Section 6(1)(a) through (e) of the ZSVT).
I
Liability Insurance
Section 6(1) letter l) ZSVT
The attorney is insured against liability for damages caused in the course of the practice of law with Wüstenrot poisťovňa, a.s., Digital Park I, Einsteinova 21, 851 01 Bratislava, Slovak Republic, Company ID No.: 31 383 408, up to an insured amount of 100,000 EUR.
The insurance covers liability for damages arising from the provision of legal services under Slovak law and European Union law, as well as claims arising within the territory of the Slovak Republic or another European Union member state, which are adjudicated by courts located in the Slovak Republic or by courts within the territory of another European Union member state.
II
Basic Service Description and General Terms and Conditions
Section 6(1) subparagraphs (f) and (k) of the ZSVT
A lawyer helps to enforce the constitutional right of individuals to a defense and to protect the other rights and interests of individuals and legal entities in accordance with the Constitution of the Slovak Republic, constitutional laws, statutes, and other generally binding legal regulations.
The practice of law consists of representing clients in proceedings before courts, public authorities, and other legal entities; providing defense in criminal proceedings; providing legal advice; drafting legal documents; preparing legal analyses; managing clients’ assets; and other forms of legal advice and legal assistance, provided such activities are performed on a regular basis and for a fee. In providing legal services, an attorney is independent and is bound by generally applicable laws and, within those limits, by the client’s instructions.
In the practice of law, an attorney is required to protect and promote the client’s rights and interests and to follow the client’s instructions. If the client’s instructions conflict with generally binding legal regulations, the attorney is not bound by them and shall inform the client of this in an appropriate manner.
An attorney is required to exercise professional diligence, that is, to act honorably, conscientiously, and appropriately, and to consistently utilize all legal means and take all actions in the client’s best interest that the attorney, in his or her professional judgment, deems beneficial. In doing so, the attorney ensures that the legal services provided are effective and cost-efficient.
A lawyer shall act in a manner that does not undermine the dignity of the legal profession and shall comply with the rules of professional ethics and other rules established by the regulations of the Slovak Bar Association. A lawyer is authorized to provide legal services throughout the territory of the Slovak Republic, as well as outside its territory, within the limits of international treaties and in accordance with the conditions established by law.
III
Complaints and Further Information
Section 6(1) letter m) ZSVT
Further information on the legal services provided in the Slovak Republic can be obtained, and complaints regarding the practice of law can be filed at the following address: Slovak Bar Association, Kolárska 4, 813 42 Bratislava, Slovak Republic. The Bar Association’s contact information is available on itson the official website.
IV
Compensation and the Method for Determining It
Section 6(1) subparagraphs (i) and (j) of the ZSVT
An attorney provides legal services for a fee and has the right to request a reasonable advance payment. In addition to the right to a fee, the attorney is also entitled to reimbursement of out-of-pocket expenses and compensation for lost time. Out-of-pocket expenses are considered to be expenses that are purposefully and demonstrably incurred in connection with the provision of legal services, in particular court and other fees, travel and telecommunications expenses, and expenses for expert opinions, translations, copies, or extracts from public registers.
When performing legal acts outside the Attorney’s office, the Attorney is entitled to compensation for lost time and travel expenses for the time spent traveling to and from that location. The Attorney’s fee is determined by agreement between the Attorney and the client, as follows:
- based on the number of hours effectively spent handling the matter (hourly fee),
- a lump sum (lump-sum payment),
- a share of the value of the item (share-based compensation),
- a fee agreed upon other than the base rate.
The methods for determining fees may be combined. More detailed rules are set forth in the Decree. If the attorney and the client fail to reach an agreement on the fee, the provisions of the Decree shall apply to determine it. The Decree also governs the determination of fees when calculating the costs of proceedings for which reimbursement is awarded against another natural person or legal entity.
An attorney may provide legal services for a reduced fee or free of charge if justified by the client’s personal or financial circumstances or by another reason worthy of special consideration.
Legal Assistance for People in Financial Need
If a lawyer was appointed to a client pursuant to Act No. 327/2005 Coll. on the Provision of Legal Aid to Persons in Financial Need, and the court did not award the client, as the eligible person, reimbursement of litigation costs, the Legal Aid Center shall decide on the lawyer’s fee in accordance with Section 15(2) of this Act.
If the court awards the client, as the entitled party, reimbursement of litigation costs, the client’s claim for reimbursement of legal representation costs is deemed to have been assigned to the attorney upon the court’s ruling on the amount of reimbursement becoming final. This does not apply to the amount that the client has paid to the attorney as a financial contribution pursuant to Section 6a(4) or Section 6b(2) of Act No. 327/2005 Coll.
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Contact Information
Section 6(1) Subparagraph (h) of the ZSVT
Phone:+421 55 303 01 11Cell phone:+421 918 765 318Email:martin@friedrich.skVI
Bar Rules
Section 6(3) subparagraphs (a) and (b) of the ZSVT
The attorney informs the client that the provision of legal services is governed by the professional rules contained in the current Rules of Professional Conduct of the Slovak Bar Association, as approved by the Conference of Attorneys. The Rules of Professional Conduct may be accessed electronically at the attorney’s office or through the Slovak Bar Association. The Rules of Professional Conduct are available in Slovak at thislink.
VII
Alternative Dispute Resolution
Section 6(3) Subparagraph (c) of the ZSVT
The attorney informs the client that neither the service provider’s membership in the Slovak Bar Association nor the code of conduct to which the attorney has committed to adhere provides for any specific options for out-of-court dispute resolution between the attorney and the client.
The attorney also informs the client that, apart from the practice of law, he or she does not engage in any other business activities and has no partnerships that directly affect the provision of services.
VIII
Conflict of Interest
Section 6(3) Subparagraph (d) of the ZSVT
To prevent conflicts of interest, a lawyer is required under Section 21 of the Act to refuse to provide legal services if:
- has provided legal services in the same matter or in a related matter to another person whose interests conflict with those of the person requesting the legal services,
- the interests of the attorney or persons close to him or her conflict with the interests of the person to whom the legal services are to be provided,
- the opposing party is represented by an attorney with whom he or she practices law,
- information it has about another client or a former client could unduly advantage the person requesting legal services,
- Due to a heavy workload or prolonged absence, he or she is unable to properly protect and advocate for the client’s rights and interests.
If the attorney becomes aware of these circumstances while providing legal services, or if they arise after the services have begun, the attorney is required under Section 22 of the Act to withdraw from the contract for the provision of legal services. Before commencing and during the provision of legal services, the attorney shall continuously assess whether there are grounds for refusing to provide the legal service or for withdrawing from the contract.
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Alternative Dispute Resolution for Consumer Disputes
- The consumer has the right to file a request for redress with the Attorney if a dispute arises between the consumer and the Attorney regarding the exercise of rights arising from liability for defects in the service, or if the consumer believes that the Attorney has violated other consumer rights. The request may be sent tomartin@friedrich.sk.
- The consumer has the right to file a request for alternative dispute resolution with an alternative dispute resolution entity if the attorney has rejected the request for redress or has not responded to it within 30 days of the date it was sent.
- Alternative dispute resolution may be used to settle a dispute between a consumer and a lawyer arising from or related to a consumer contract.
- The entities involved in alternative dispute resolution are the authorities and authorized legal entities listed at Section 3 under Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, such as the Slovak Trade Inspection Authority. Consumers may choose the appropriate entity to which they wish to turn.
- The current list of alternative consumer dispute resolution entities is published atthe website of the Ministry of Economy of the Slovak Republic.
- When filing a claim, the consumer must follow the procedures set forth in Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes.
- An alternative dispute resolution provider may reject a claim if the quantifiable value of the dispute does not exceed 20 EUR. Any fee for initiating alternative dispute resolution is governed by the rules of the selected provider and is listed in the current list of providers.
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Liability for Defects in the Service Provided
Cases of improper provision of legal services by attorneys, including the consequences and the corresponding rights of the client—the consumer—are specifically governed by the following law:
- If an attorney fails to fulfill the obligation to inform a client who is a consumer of legal services of the amount of the fee for a legal service before commencing that service, the attorney is not entitled to a fee for it; this does not apply if it was necessary to perform the legal service without delay (Section 18 (4)) of the Act,
- If a lawyer fails to exercise professional diligence when performing a legal service, he or she is not entitled to compensation for the performance of such a service (Section 18 (5)) of the Act),
- If the subject of the legal service was the representation of a client in court and, pursuant to a court decision, the client was not awarded or was awarded a reduced amount of reimbursement of litigation costs for a specific legal service because the service was not provided with professional care, or because the attorney failed to perform the action necessary for the award of reimbursement of litigation costs, the attorney is not entitled to compensation for such an act, even from the client (Section 24 (6)) of the Act).
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