Tyrolean Bar Association
The Tyrolean Bar Association is the independent professional representation of all lawyers and trainee lawyers in Tyrol , based in Innsbruck . The membership currently amounts to around 670 lawyers and trainee lawyers. Since April 19, 2012 the Innsbruck lawyer Markus Heis has been President of the Tyrolean Bar Association.
history
The Tyrolean Bar Association was founded on February 9, 1851 as the “Advocaten-Kammer” by the attorney (attorney) and then Vice-Mayor of Innsbruck Alfons von Wiedmann. The lawyers' regulation (RGBO 96) created on July 6th, 1868 contained the most important core areas of the legal professional rules. Among other things was
- the area of activity of the Chamber's Committee is extended to include the right to keep lists of lawyers residing in the chamber district (lawyers' register, matriculation) and
- The committee was allowed to issue opinions on the appropriateness of attorney's fees and
- try to reach an amicable settlement in the event of disputes between chamber members.
In addition, the law firm was released. By law of April 1, 1872, the bar associations were given the supervision and disciplinary authority over the lawyers entered on the list of lawyers. The system established at that time largely exists to this day.
By law in 1919 the designation “Advokat” was renamed “Rechtsanwalt”, “Advokaturkandidat” was renamed “Legal trainee” and the “Advokatenkammer” was renamed “Rechtsanwaltskammer” (as was customary in Germany since the 1878 Lawyers' Act).
With the introduction of the corporate state in Austria (beginning in March 1933 and measures based on the KWEG ), a number of ordinances have been passed, whereby “special measures to restrain the damage to economic life associated with a disturbance of public peace, order and security “Had been hit. Eleven of these ordinances also affected the legal profession and were able to impose barriers on the previously largely independent legal profession. The self-administration of the Tyrolean Bar Association was also considerably restricted by the ordinance of March 31, 1934, as the mandates of the bar association's committees were declared to have expired if the holder was a member of the Social Democratic Party or one of the organizations influenced by it at the time of his election. New and replacement elections were also banned. On January 1, 1936, functionaries appointed by the Federal Ministry of Justice of the corporate state were installed in place of the elected committees of the chambers and their presidia.
With the annexation of Austria to the German Reich (see: Austria in the time of National Socialism ) the autonomy ( self-administration ) of the Austrian bar associations was also soon completely eliminated. Numerous lawyers registered in Tyrol have been removed from the list. The causes were war services and the ordinance of March 31, 1938, which prohibited Jewish lawyers from practicing their profession. The ordinance of September 27, 1938 also meant that “ Jewish half-breeds ” had to be deleted from the list of lawyers by the end of 1938. On March 14, 1938, two days after the Anschluss, Chamber President Anton Cornet was removed from office. On June 11, 1938, the appointment of a lawyer by the Reich Minister of Justice was introduced. In 1941 the Reich Lawyers' Act was introduced.
After the reintroduction of the Austrian Federal Constitution and the restoration of democracy, the law of July 31, 1945 put the Lawyers' Act and the Disciplinary Statute in the version of March 13, 1938 into force again. Anton Cornet resumed chamber business in September 1945. The first ordinary general meeting of all registered Tyrolean lawyers took place on October 21, 1948. On April 11, 1956, the Disciplinary Council for Tyrol and Vorarlberg , which was merged after the Second World War , was separated again by resolution of the General Assembly.
organization
The Tyrolean Bar Association is a self-governing body under public law. It does its business partly directly in plenary assemblies, partly indirectly through the committee. The Disciplinary Board monitors compliance with professional duties. All members of the Tyrolean Bar Association take the decisions necessary for self-administration in the plenary assembly. The general assembly elects the president and his deputy as well as the members of the committee and the disciplinary board. It decides on the budget, the accounts and the statutes of the pension fund.
function
The committee
The committee of the Tyrolean Bar Association is elected from among the members of the Chamber in the General Assembly. The tasks of the committee include, among other things, keeping the list of lawyers and trainee lawyers, the financial management of the chamber contributions, in particular the pension and survivors' pension, the management of the arbitration board based at the Tyrolean Bar Association, the writing of statements on draft laws from the federal and state governments as well the treatment of complaints. In addition, the committee members are active in the working groups set up by the Austrian Bar Association (ÖRAK).
The Disciplinary Board
The Disciplinary Council monitors compliance with the professional duties of lawyers and trainee lawyers as well as the honor and reputation of the legal profession and thus serves to protect the population seeking law. It punishes both breaches of duty and breaches of reputation and honor of the legal profession by a lawyer or trainee lawyer. The members of the disciplinary board are elected by the general assembly of the Tyrolean Bar Association.
The Chamber Office
The Chamber Office is the central point of contact for concerns, requests and complaints in connection with the Tyrolean legal profession. The entire organization of the Tyrolean Bar Association - including membership administration, bookkeeping, prescription administration and pension facilities - is carried out by the Chamber Office.
The Austrian Bar Association
The Austrian Bar Association (ÖRAK) coordinates nationwide affairs for Austrian lawyers .
membership
The Tyrolean Bar Association belongs to the following organizations:
- Austrian Bar Association (ÖRAK)
- Council of European Bar Associations (CCBE)
- Legal Association for Mediation (AVM)
- Association of European Bar Associations (FBE)
statistics
| total | lawyers | Lawyers | Trainee lawyers | Trainee lawyers |
| 668 | 435 | 97 | 97 | 39 |
Source: ÖRAK (December 2012)
See also
- Bar Association (Austria) (general overview)
Web links
- Website of the Tyrolean Bar Association.
- Association for research into the legal professional history of the members of the Austrian bar associations who were discredited between 1938 and 1945 .
Individual evidence
- ↑ The lawyer is admitted to the lawyer book (list of lawyers) without official approval and thus receives his professional license if the legal requirements are met. The Minister of Justice's right to appoint lawyers is thereby abolished.
- ↑ RGBl. No. 40 concerning the handling of disciplinary authority over advocates and advocacy candidates.
- ↑ Compare e.g. B. Disciplinary statute of June 28, 1990, ÖBGBl 474.
- ↑ Federal Law Gazette No. 95/1919.
- ↑ Prohibition of the Social Democratic Party with the possibility of prohibiting the Social Democrats from exercising their profession.
- ↑ Federal Law Gazette No. 196/1934.
- ↑ Susanne Pöschl: For honor and reputation. History of the Styrian Bar Association. Retrieved November 1, 2013.
- ↑ RGBl. I p. 353.
- ↑ RGBl. I p. 1406.
- ↑ StGBl. No. 103/1945 .
