Bar Association (Austria)

In Austria there are nine fully independent bar associations ( RAK for short ). For each federal state, these form the largely independent professional representation of all established lawyers and trainee lawyers as well as foreign lawyers who work as European lawyers within the scope of the freedom to provide services during this activity in the respective federal state (Section 7 EIRAG).

The respective bar association has its seat in eight federal states in the respective state capital, only in Vorarlberg is the seat in Feldkirch , where the regional court Feldkirch is also the highest body of jurisdiction in Vorarlberg ( Vorarlberg Bar Association ).

In Austria there were 6,216 registered lawyers at the end of 2016. The bar association with the largest number of members is that of the federal state of Vienna . The proportion of women among registered lawyers is 22%. Of the 6,216 registered lawyers, only 1.35% (84 people) are established European lawyers (for comparison, around 10% of lawyers in Liechtenstein are established European lawyers, more than 60% of them from Austria).

history

The Austrian lawyers were given their own professional representation for the first time in 1869. Up until this point in time, the lawyers were under the direct supervision of the courts.

During the time of the corporate state in Austria, i.e. from 1933 to 1938, the chamber officials were no longer appointed by the general assembly of lawyers, but by the Minister of Justice . With the annexation of Austria to Germany in 1938, any autonomy of the Bar Association ended and the Austrian lawyers were subsequently appointed by the Reich Minister of Justice.

tasks

The areas of responsibility of the bar associations in Austria range from the representation of lawyers to the assessment of laws and the preparation of expert reports to the monitoring of compliance with professional obligations by way of disciplinary law . The examinations of trainee lawyers (RAA) and (partially) trainee judges (RiAA) are also carried out by the examination commissioners of the bar association.

The main task of all nine bar associations in Austria is to maintain the honor and dignity of the legal profession (Section 23 RAO in conjunction with Section 1 Paragraph 3 DSt). This main task is based on the autonomy of the bar associations (self-governing bodies) and in turn ensures the independence of the individual lawyers as well as of the entire legal profession.

The main task of safeguarding the honor and reputation of the state is exercised, among other things, by the disciplinary jurisdiction of the bar association.

Other essential tasks are:

keeping the list of lawyers and the list of trainee lawyers;
Convening the general assembly;
Appointment of procedural assistants in the context of compulsory defense ;
Prescribing and bringing in the chamber contribution;
Appointment of the interim deputy for deceased, sick or permanently disabled lawyers;
Preparation of expert opinions on fee issues and more.

The Ministry of Justice has a supervisory right over the legality of the administrative management of the respective bar association (Art 23 para. 5 RAO).

Organization of the chambers

The bar association in each Austrian federal state is formed by the lawyers entered in the list. The activity of the Bar Association is through

the General Assembly and
the Committee of Lawyers
the Disciplinary Board

exercised.

Self-government and compulsory membership

Self-government of the chambers

An essential characteristic of the Austrian bar associations is the self-administration as well as the limited sovereign powers transferred. The self-administration of the bar associations in Austria is essentially based on:

the legal personality of the chambers as public corporations;
compulsory membership;
the democratic structure within the chamber (e.g. elections);
disciplinary jurisdiction and disciplinary authority;
the guideline competence according to § 37 RAO.

Compulsory membership

Membership in the respective bar association exists for registered lawyers (RA) and trainee lawyers (RAA). Associated with this is the obligation to pay contributions (chamber levy).

General Assembly

The tasks of the plenary assembly of the lawyers of the respective chamber are regulated in § 27 RAO.

Resolutions are generally passed with a simple majority. In the event of changes to the rules of procedure and the statutes of the lawyers' pension funds, however, with a qualified majority (Section 27 (4) RAO).

Committee of Lawyers

The highest decision-making body and administrative body of the Bar Association is the Committee of Lawyers (Chamber Committee), which is elected by the general assembly of lawyers of the respective federal state in a secret ballot with an absolute majority. The lawyers' committee of each Austrian bar association is supported by a secretariat.

The committee is presided over by a president and a vice-president. The president or vice-president can only be elected from among registered lawyers (no RAA). The president of the regional bar association is also always a delegate to the ÖRAK. The term of office is four years. The committee can also be divided into departments. The number of members of the committee depends on the number of members of the Chamber (Section 26 RAO).

The tasks of the committee of the respective bar association are listed demonstratively in § 28 RAO .

Examination Board

The members of the examination commission for the bar exam and the judicial exam are elected by the general assembly from among the registered attorneys.

Auditor

The auditors are elected by the general assembly from among the registered lawyers.

Disciplinary Board

Each bar association in Austria has its own disciplinary council (DR). Organs of the disciplinary board are:

Chamber Attorney (KA);
Investigation Commissioner (UK);
Disciplinary Council (DR);

Disciplinary offenses by attorneys and trainee attorneys as well as foreign attorneys working as European attorneys within the scope of the freedom to provide services are dealt with exclusively by the disciplinary council of the respective bar association (Section 1 (2) DSt). Courts and administrative authorities can only notify the competent bar association if there is a suspicion of a disciplinary offense.

The following direct disciplinary punishments are available (Section 16 (1) DSt):

written reference;
Fine of up to EUR 45,000
Prohibition of practicing the legal profession for up to one year;
Extension of the internship for trainee lawyers for up to one year;
Removal from the list of lawyers;

such as

Conviction without conviction (§ 39 DSt).

As an indirect disciplinary punishment, the prohibition of admission of RAAs for a period of up to one year is available (Section 16 (4) DST). As an interim measure can also

the supervision of the management or
the withdrawal of the right of representation before certain courts or administrative authorities are ordered.

The court of appeal against the decisions of the disciplinary board is the Supreme Court (OGH). The OGH carries out the relevant tasks in eleven senates. Each senate consists of two professional judges and two judges elected from the legal profession (bar judges).

Pension fund of the bar associations

The bar associations in Austria have their own pension schemes for their members in case

of age and
occupational disability
care for the surviving dependents of a lawyer

to set up and maintain (§ 49 ff RAO).

The financial resources for the pension scheme of the bar associations are provided by:

Members' contributions and
Federal payments for the legal aid provided

upset. The general assembly of the bar association decides annually on the benefits and the allocation of costs.

Austrian Bar Association

The bar associations are members of the Austrian Bar Association (ÖRAK). The ÖRAK is an amalgamation of the bar associations of all Austrian federal states and organizationally, like the bar associations, a corporation under public law .

Organs of the ÖRAK are: Representative Assembly, Presidential Council, Presidium (§ 38 RAO).

The tasks of the ÖRAK are regulated in §§ 35 ff RAO. In principle, the tasks are to be carried out by the regional bar associations. The ÖRAK is only responsible for those areas in which supra-regional matters are to be dealt with ( principle of subsidiarity . Supraregional tasks include, for example, assessing and commenting on federal laws or making suggestions on federal laws) and issuing guidelines (RL).

The ÖRAK is based in Vienna.

The Ministry of Justice has a supervisory right over the legality of the administrative management of the ÖRAK (Art 23 para. 3 RAO).

Web links

Bar associations in Austria:

Individual evidence

↑ European Lawyers Act, ÖBGBl I 27/2000.
↑ According to the decision of the ECJ in the Reinhard Gebhard case , Case C-55/94, a lawyer who is temporarily active within the scope of the freedom to provide services may also maintain a law firm in the relevant EEA member state, insofar as this is necessary for the provision of the temporary service. In exercising the freedom to provide services, European lawyers must use the name they must (may) use in their home country.
↑ Vienna approx. 45%, Upper Austria approx. 11%, Tyrol approx. 9.6%, Styria approx. 9.3%, Lower Austria approx. 7.4%, Vorarlberg approx. 3.2%, Burgenland approx. 0, 7%.
↑ Source: Liechtenstein Chamber of Lawyers ( Memento of the original from March 2, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , As of September 26, 2014. @1@ 2

↑ Lawyer Ordinance of July 6, 1868.

↑ The first professional code of law for lawyers in Austria is the “Provisional Lawyer Regulation” of August 16, 1849. This already lays the foundation for the self-administration of the legal profession in Austria.

↑ Lawyers' Act, ÖRGBl. 1898/96.

↑ Disciplinary Statute for lawyers and trainee lawyers, Federal Law Gazette 1990/474.

↑ This was already in accordance with the “Provisional Advokatenordnung” of August 16, 1849, although the Bar Association at that time did not exercise any disciplinary power. The bar associations are also authorized to refuse persons who fundamentally meet the requirements for entry in the lists if the applicant is untrustworthy (Section 5 (2) RAO, Section 67 (2) DSt)

↑ The independence of the lawyer is one of the three "pillars" of the Austrian legal profession: 1st pillar is independence from state influences (see also incompatibility according to § 20 RAO); The 2nd pillar is the duty of confidentiality and the right to secrecy ( legal confidentiality, legal immunity); The third pillar is the lawyer's absolute duty of loyalty to his client.

^ The first disciplinary statute for the Austrian bar association dates from April 1, 1872.

↑ Every person who fulfills the requirements for entry in these lists (Section 1, Paragraphs 1 and 2 RAO) must be entered in principle. The locally responsible bar association decides on the application for registration (§ 5 and 5a RAO).

↑ Similar to compulsory membership in the Chamber of Labor or the Chamber of Commerce .

↑ The KA is elected by the general assembly of the respective RAK and works on a voluntary basis. His function in disciplinary proceedings corresponds roughly to that of a public prosecutor in criminal proceedings.

↑ The UK is appointed by the President of the Disciplinary Board from among the members of the DR. His function in disciplinary proceedings corresponds roughly to that of an investigating judge in criminal proceedings .

↑ In disciplinary proceedings, this facility roughly corresponds to that of a bench in criminal proceedings. However, the oral hearings of the DR are not public. Duration of the function: 4 years for the elected disciplinary councils from the RAA and two years for the disciplinary councils from the RAA (Section 7 DSt). The work as DR is voluntary (§ 14 Abs. 2 DSt).

↑ The Supreme Disciplinary Commission (OBDK) based in Vienna was appointed to this end until January 1, 2014. The OBDK was a tribunal within the meaning of Art 6 ECHR (Art 133 No. 4 B-VG ). This commission consisted of at least eight, but no more than 16 judges of the Supreme Court and 32 registered lawyers (but no RAA). The honorary function lasted six years for professional judges and five years for bar judges. A complaint to the Constitutional Court against decisions of the OBDK was possible to a limited extent (Art 144 B-VG ).

↑ The number of delegates sent to the meeting of representatives depends on the size of the respective regional bar association. One delegate is sent for every 150 chamber members who have started. As the largest bar association, Vienna has the most delegates (24).

↑ For example, the ÖRAK issued: RL on the professional practice of lawyers and trainee lawyers (RL-BA); Training guideline; Autonomous fee criteria (AHK)

[1] European Lawyers Act, ÖBGBl I 27/2000.

[2] According to the decision of the ECJ in the Reinhard Gebhard case , Case C-55/94, a lawyer who is temporarily active within the scope of the freedom to provide services may also maintain a law firm in the relevant EEA member state, insofar as this is necessary for the provision of the temporary service. In exercising the freedom to provide services, European lawyers must use the name they must (may) use in their home country.

[3] Vienna approx. 45%, Upper Austria approx. 11%, Tyrol approx. 9.6%, Styria approx. 9.3%, Lower Austria approx. 7.4%, Vorarlberg approx. 3.2%, Burgenland approx. 0, 7%.

[4] Source: Liechtenstein Chamber of Lawyers ( Memento of the original from March 2, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , As of September 26, 2014. @1@ 2

[5] Lawyer Ordinance of July 6, 1868.

[6] The first professional code of law for lawyers in Austria is the “Provisional Lawyer Regulation” of August 16, 1849. This already lays the foundation for the self-administration of the legal profession in Austria.

[7] Lawyers' Act, ÖRGBl. 1898/96.

[8] Disciplinary Statute for lawyers and trainee lawyers, Federal Law Gazette 1990/474.

[9] This was already in accordance with the “Provisional Advokatenordnung” of August 16, 1849, although the Bar Association at that time did not exercise any disciplinary power. The bar associations are also authorized to refuse persons who fundamentally meet the requirements for entry in the lists if the applicant is untrustworthy (Section 5 (2) RAO, Section 67 (2) DSt)

[10] The independence of the lawyer is one of the three "pillars" of the Austrian legal profession: 1st pillar is independence from state influences (see also incompatibility according to § 20 RAO); The 2nd pillar is the duty of confidentiality and the right to secrecy ( legal confidentiality, legal immunity); The third pillar is the lawyer's absolute duty of loyalty to his client.

[11] The first disciplinary statute for the Austrian bar association dates from April 1, 1872.

[12] Every person who fulfills the requirements for entry in these lists (Section 1, Paragraphs 1 and 2 RAO) must be entered in principle. The locally responsible bar association decides on the application for registration (§ 5 and 5a RAO).

[13] Similar to compulsory membership in the Chamber of Labor or the Chamber of Commerce .

[14] The KA is elected by the general assembly of the respective RAK and works on a voluntary basis. His function in disciplinary proceedings corresponds roughly to that of a public prosecutor in criminal proceedings.

[15] The UK is appointed by the President of the Disciplinary Board from among the members of the DR. His function in disciplinary proceedings corresponds roughly to that of an investigating judge in criminal proceedings .

[16] In disciplinary proceedings, this facility roughly corresponds to that of a bench in criminal proceedings. However, the oral hearings of the DR are not public. Duration of the function: 4 years for the elected disciplinary councils from the RAA and two years for the disciplinary councils from the RAA (Section 7 DSt). The work as DR is voluntary (§ 14 Abs. 2 DSt).

[17] The Supreme Disciplinary Commission (OBDK) based in Vienna was appointed to this end until January 1, 2014. The OBDK was a tribunal within the meaning of Art 6 ECHR (Art 133 No. 4 B-VG ). This commission consisted of at least eight, but no more than 16 judges of the Supreme Court and 32 registered lawyers (but no RAA). The honorary function lasted six years for professional judges and five years for bar judges. A complaint to the Constitutional Court against decisions of the OBDK was possible to a limited extent (Art 144 B-VG ).

[18] The number of delegates sent to the meeting of representatives depends on the size of the respective regional bar association. One delegate is sent for every 150 chamber members who have started. As the largest bar association, Vienna has the most delegates (24).

[19] For example, the ÖRAK issued: RL on the professional practice of lawyers and trainee lawyers (RL-BA); Training guideline; Autonomous fee criteria (AHK)