Pro Bono Practice and Opportunities in Slovenia

The legal profession in Slovenia is governed by Article 137 of the Constitution ^[4], the Bar Act ^[5], and the Code of Conduct for Lawyers ^[6], the Lawyers’ Tariff ^[7] and by internal acts of the Slovenian Bar Association.

All practicing attorneys in Slovenia are required to join the Slovenian Bar Association, which consists of 11 regional assemblies where membership is based on territorial and functional principles, largely coinciding with the territories of the district courts.

As per the Bar Act, in order to become a lawyer in Slovenia, an individual must obtain a law degree from one of the three law faculties in Slovenia or abroad (in line with the laws that regulate recognition of diplomas). To become an attorney-at-law, it takes another year of work as an “attorney-at-law candidate” in a legal office, prosecutor’s office, state attorney’s office, court or notary, after passing the bar exam.^[8]

In-house counsels that have passed the Slovenian bar exam are entitled to represent their employer in court proceedings (except where the representation by a registered attorney is required, such as, criminal cases or extraordinary legal remedies in a civil proceeding).

In general, any attorney can offer pro bono services to any individual, provided the services are in compliance with mandatory legal provisions, such as those regarding money laundering, or international sanctions.

Pro bono services can also be offered by other lawyers, such as in-house counsels. However, even if they have passed the bar exam, non-attorneys are limited in their ability to perform certain legal actions and cannot represent clients pro bono in all types of legal proceedings, including criminal cases or extraordinary legal remedies in a civil proceeding. Moreover, in-house counsels are employed and thus would need to agree with their employer to use a part of their working time for pro bono work.

No, there are no additional requirements for providing pro bono legal services.

No additional license is required for foreign-qualified lawyers to provide pro bono services.

Foreign attorneys who wish to represent parties in courts in Slovenia may do that under the principle of reciprocity. Foreign attorneys that wish to practice in Slovenia must have obtained the right to practice law in the country of their citizenship, actively speak Slovenian and pass an exam on the legal order of the Republic of Slovenia.

Attorneys from other EU member states may practice in Slovenia under the Slovenian name “attorney” (“odvetnik”) after three years of continuous practice in Slovenia under the title obtained in their own country.

No, there is no such requirement under Slovenian legislation.

There are no requirements for aspiring lawyers to complete a minimum number of hours of pro bono legal services in Slovenia in order to become licensed lawyers.

There are no aspirational targets for lawyers set by the bar association or any regulatory body.

Lawyers in Slovenia do not receive any “Continuing Legal Education” or equivalent credit for pro bono hours worked.

Lawyers are liable for any damages caused by wrongful advice, even if it is given for free, and the Bar Act requires the Bar Association of Slovenia to insure attorneys against liability for damages caused by wrongful legal advice. The premium for such insurance is paid out of the attorney’s insurance fee payable to the Bar Association.

There is no special additional indemnity insurance required for pro bono work. In-house counsels are in an employment relationship and their personal liability is limited by law. Their employer could be held liable for damages caused by wrongful legal advice. However, there is no statutory obligations for employers of in-house counsels who provide pro bono legal advice, to maintain a professional indemnity insurance.

There is a general prohibition on advertising of attorneys’ successes, turnover, cases won and other similar aspects of attorneys’ work (in particular on a law firm’s website).^[9] This means that advertising pro bono successes is also not permitted.

Immigration law is an area that requires significant pro bono work. Criminal cases also often involve socially disadvantaged individuals who cannot afford legal representation and do not always qualify for state legal aid ^[10]. Additionally, there is a constant need for general legal advice in areas such as tort, contractual, family, and inheritance law.

Several Slovenian municipalities have chosen to fund “legal clinics”, such as Zavod PIP ^[11], which is supported by the Municipality of Maribor and several other smaller municipalities. There are also private legal clinics, such as Humanitarno društvo Pravo za vse ^[12] that offer pro bono legal advice to the individuals. Also, the Faculty of Law in Ljubljana runs a few legal clinics, including those focused on refugees and employment law.^[13]

Some NGOs such as Anita Ogulin Charity Association, also offer pro bono services.^[14]

Every year, on 19 December, the Slovenian Bar Association organizes a pro bono day, during which many Slovenian attorneys offer their services free of charge. These services mainly consist of legal advice, while any pro bono legal representation would need to be agreed between the relevant client and the attorney.

There are currently no such examples that we would be aware of. Activities remain largely academic, experimental, or commercially-focused.^[15]

As stated above, the largest contributors to pro bono work are individual attorneys and firms, while a few municipalities, law faculties and private entities also contribute to some extent.

There are no organizations where local lawyers can register to be notified of pro bono opportunities, other than the abovementioned clinics and the Bar Association. Individual attorneys are free to join a legal clinic or offer their assistance with important cases.

There are global pro bono clearinghouses and legal services providers such as TrustLaw or PILnet that lawyers can register with.^[16]

No, there are no such awards or rankings in Slovenia.