Pro Bono Practice and Opportunities in Austria

Lawyers (as attorneys (Rechtsanwälte)) in Austria are subject to the provisions of the professional code (Rechtsanwaltsordnung (the RAO)) and related regulations. To become a qualified attorney in Austria, the applicant must be registered with the local bar association (Rechtsanwaltskammer) on the list of registered attorneys. Registration essentially requires a law degree, a five-year legal clerkship (Praktische Verwendung), and professional indemnity insurance.^[1]

Under Austrian law, a lawyer may only be employed as an attorney (Rechtsanwalt) if the employer is an attorney providing legal services.^[2]

Under Austrian law, corporate lawyers (in-house counsels) are therefore not “attorneys” (Rechtsanwälte) and cannot be registered within the list of the local bar association.

There are no specific rules relating to the provision of pro bono legal services (there are only rules that relate to the provision of legal aid services). As such, the same rules apply regardless of whether a lawyer in Austria is providing services to a paying client or a pro bono client.

No. There are no more requirements in addition to the requirements named in (a) 1.

As a rule, only those lawyers qualified and admitted as lawyers/attorneys to the local bar are permitted to advise in relation to Austrian law — including pro bono legal matters. There are specific regulations and certain exemptions for qualified lawyers from European Union and European Free Trade Association Member States wishing to practise in Austria (European qualified lawyers).^[3]

In general, these lawyers are permitted to give legal advice as well as represent clients before Austrian authorities and courts (after prior notification to the local bar association).

However, where legal representation is mandated by law, assistance by an Austrian registered lawyer/attorney is required (Einvernehmensanwalt). This requirement can be removed by completing an eligibility test (Eignungsprüfung).^[4]

There are no specific rules relating to the provision of a minimum number of hours of pro bono legal services.

No. Aspiring lawyers/attorneys in Austria are not required to complete a minimum number of hours of pro bono legal services in order to become a licensed lawyer/attorney. While university law clinics do exist to provide a platform where students are able to provide pro bono legal advice to gain early legal experience, they are a relatively recent phenomenon.

There are no aspirational pro bono hours targets for lawyers. However, practising lawyers/attorneys are (only) required to provide legal aid (Verfahrenshilfe) to any natural or legal person unable to bear the expenses of the proceedings, if they are assigned a case by the local bar association.

Lawyers/attorneys in Austria do not receive any CLE or equivalent credit for pro bono hours worked, though every lawyer/attorney is obliged to keep their knowledge up to date.^[5]

A valid professional indemnity insurance is required to qualify for admission to the bar. Hence, a practising lawyer/attorney in Austria must have a valid indemnity legal insurance coverage of at least €400,000 per case; if the law firm is a limited liability company, the insurance has to cover at least €2,400,000.

As regards additional insurance coverage for the provision of pro bono legal services, there are no rules in Austria that prohibit lawyers from working under the cover of another person. However, not all insurers will provide coverage to this extent.

A lawyer/attorney is permitted to advertise insofar as it provides true and factual information about his professional activities and is in accordance with his professional duties.^[6] In general, there are no rules in Austria that prohibit advertising of pro bono successes or soliciting new pro bono clients.

The most prominent Austrian organisations that are involved in facilitating pro bono legal services are in the area of immigration and refugee law. The major unmet legal needs are those of low-income individuals, who cannot afford legal costs insurance (Rechtschutzversicherung), but who do not meet the criteria to be able to benefit from legal aid.

The main providers of pro bono services include:

• NGOs: Notably, certain NGOs focused on immigration and refugee issues (see (e)(2) below).
• Law firms: A number of the larger commercial law firms will operate pro bono programs. However, these are not as advanced or widespread as in US law firms.
• Governmental organisations: The provision of free legal advice clinics operated by judges outlined in (e)(1) below.
• Chambers: The Austrian Chamber of Labour (Arbeiterkammer) and the Chamber of Commerce (Wirtschaftskammer) provide considerable pro bono services, most notably legal advice. These chambers are established by law with mandatory membership, thus qualifying as semi-governmental organisations.
• Unions: The Austrian Labour Union (Österreichischer Gewerkschaftsbund) also provides considerable pro bono services, most notably legal advice, to their members.

There are currently no noteworthy examples of how innovative technology or AI is being used to enable access to pro bono or otherwise as part of pro bono cases or matters.

Pro Bono Legal Services: In relation to civil proceedings, at least once a week, judges at the district courts have to provide free legal advice to individuals.^[7] Legal AidIn relation to civil and criminal proceedings, a party (either an individual or a legal entity) may be granted legal aid by the court if certain requirements are met.^[8] In essence, a grant of legal aid results in the partial or full exemption from lawyers’ fees and court costs in the event that the case is lost (if the recipient of legal aid wins his/her civil law case, then the other party will be liable to pay lawyers’ fees and court costs).

To receive legal aid, the applicants have to prove that they do not have sufficient income and do not have sufficient assets to pay a lawyer. Applicants must provide an income statement and a declaration of assets. Lawyers are required to accept matters assigned to them under the legal aid scheme. When a court decides that legal aid is to be granted and that a lawyer needs to be appointed, the judge will make a request to the local bar association. The board of the local bar association will then assign the matter to a lawyer that is a member of this local bar (and, to the extent possible, the board shall take into consideration requests for a specific attorney).^[9] The appointed lawyer may refuse the assignment only for good cause, such as a conflict of interest.^[10]

• Helping Hands: This NGO is focused on legal aid and advice around all aspects of asylum legislation in Austria as well as cases involving discrimination and racism. The team consists of professional solicitors and aims to find specific and individual solutions to cases. They also represent people facing deportation from Austria.^[11]
• Caritas Vienna – Asylzentrum: This NGO provides legal advice and representation in asylum appeals and voluntary return assistance. The legal advice covers employment of foreigners, family reunion, citizenship law, detention, and administrative criminal cases.^[12]
• Diakonie Flüchtlingsberatung: This major NGO covers asylum and migration law, providing legal advice and representation in asylum cases.^[13]
• The “Österreichische Bundesagentur für Betreuungs- und Unterstützungsleistungen Gesellschaft mit beschränkter Haftung” (Austrian Federal Agency for Care and Support Service, BBU GmbH) is a company owned by the Republic of Austria and provides legal service in particular to asylum seekers.

No.