No. 77/1999

1998, No. 77, 15 June

Entered into effect 1 January 1999. Amended by Act No. 36/1999 (entered into effect 1 May 1999), and Act No. 93/2004 (entered into effect 1 November 2004), The EEA Agreement: Annex VII, Directives 77/249/EEC and 98/5/EC.

Chapter I.
General provisions.

Article 1.

[The term “lawyer” in this Act refers to any person who is licensed as a representative in litigation before the Supreme Court or the district courts.

The Act shall also apply, as applicable, to lawyers licensed to practice in Iceland using the professional titles of their home countries in accordance with the provisions of the European Economic Area or the Agreement Establishing the European Free Trade Association.  The Minister of Justice shall issue rules¹⁾ in further detail on the registration, duties, rights and practice of such lawyers in Iceland, including their participation in operating law offices jointly with others.

Lawyers are public functionaries and subject to rights and duties as such.]²⁾

¹⁾ Regulation 896/2004. ²⁾Act No. 93/2004, § 1.

Article 2.

Subject to the provisions of the third paragraph, if a party in litigation does not represent himself on his own in court, or is represented by a person who by law has a right to represent him, his representation there shall only be entrusted to a lawyer.

The provisions of the first paragraph shall apply in criminal cases, subject to the limitations that may follow from legal provisions permitting other persons than lawyers to appear in court as defence counsels, agents or spokesmen for suspects or [victims).¹⁾

Notwithstanding the provisions of the first paragraph a party in litigation may entrust any person practising as a lawyer in any other member state of the European Economic Area, who has the right to represent litigants in court, with his representation in a corresponding Icelandic court, provided that person is, during court sessions, assisted by a lawyer practising in Iceland. ?²⁾

¹⁾ Act No. 36/1999, § 48.  ²⁾Act No. 93/2004, § 2.

Chapter II.
The Icelandic Bar Association and the Resolution Committee of Professional Lawyers.

Article 3.

Lawyers shall maintain an association among themselves, named the Icelandic Bar Association. They all have the duty of being its members.

The Icelandic Bar Association shall issue statutes governing its activities. Subject to the fifth paragraph, the Association's activities shall be limited to the functions expressly provided for by law.

[An independent Resolution Committee shall be active under the auspices of the Icelandic Bar Association, to resolve the cases referred to it in accordance with the provisions of this Act. The Resolution Committee shall have jurisdiction over lawyers practising in Iceland in accordance with the provisions of Article 1, the second paragraph. The Committee shall be composed of three members, with three alternates. Each member shall have a seat on the Committee for three years at a time, subject however to one seat becoming vacant each year. One member shall be appointed by the Icelandic Bar Association in accordance with provisions in further detail laid down in its statutes, one shall be appointed by the Minister of Justice, and one shall be appointed by the Supreme Court of Iceland from among lawyers engaged in independent practice, and shall fulfil the requirements set for the office of a Supreme Court judge. The Committee shall elect a chairman for itself for a term of one year at a time.]¹⁾

The Icelandic Bar Association shall bear the costs the functions committed to the Association and to the Resolution Committee by law. The Association may charge an annual due from its members in order to meet this cost.

The Icelandic Bar Association may, for purposes other than those referred to above, maintain one or more separate social sections, to which membership by lawyers shall be optional. The finances of such social sections shall be kept separate from the Association's finances.

¹⁾ Act No. 93/2004, § 3.

Article 4.

Procedure within the Resolution Committee of Professional Lawyers shall be governed by the Administrative Practices Act, unless a different arrangement follows from the provisions of Chapter 5. Within this framework, the Committee shall lay down rules in further detail concerning procedure within particular categories of cases.

The decisions of the Resolution Committee of Professional Lawyers shall neither be subject to administrative appeal nor to appeal within the Icelandic Bar Association.

Article 5.

The Icelandic Bar Association shall represent lawyers to judicial and administrative authorities as regards matters pertaining to the legal profession.

The Icelandic Bar Association shall issue a Code of Ethics for lawyers.

The Icelandic Bar Association shall seek to ensure that any person needing the assistance of a lawyer will obtain such assistance, provided the client follows the lawyer's advice and secures the payment of a suitable compensation for the assistance rendered.

Chapter III.
Licenses for legal practice.

Article 6.

A license to practice law as a district court lawyer may be granted to any person applying for such license who fulfils the following requirements:

1. Possesses legal competency and is mentally capable of practising law;
2. has never been declared bankrupt;
3. has an untainted reputation, as required for eligibility in elections for Parliament;
4. [has completed legal studies with a final examination or a master's examination from the legal faculty of a university recognised in Iceland in accordance with the Act on Universities] ¹⁾, and
5. has completed the test provided for in Article 7.

The condition set in subparagraph (2) of the first paragraph may be waived following a recommendation from the Icelandic Bar Association, if the applicant has been in charge of his financial affairs for a period of not less than three years.

 The examination referred to in subparagraph (4) of the first paragraph may be replaced by a comparable examination from another university, if the test committee referred to in Article 7, the first paragraph, deems established that the applicant possesses adequate knowledge of Icelandic law. The committee may, in order to ascertain this, require an applicant to take, under its own auspices, a particular examination in one or more fields of law.

[The Minister of Justice may, by regulation²⁾, issue provisions on exemptions from the requirement of subparagraph (5) of the first paragraph for the benefit of persons who have been granted similar licences in other countries.]¹⁾

[Foreign lawyers who are entitled to practice law in Iceland in accordance with the provisions of Article 1, the second paragraph, may be issued licences as district court lawyers. The Minister of Justice shall issue provisions³⁾ on the granting of such licences in further detail.]¹⁾

¹⁾ Act No. 93/2004, § 4. ²⁾ Regulation No. 900/2004. ³⁾Regulation No. 896/2004.

Article 7.

[An applicant for a district court lawyer's licence must pass a test conducted by a test committee of three members. The Minister of Justice shall appoint the members of the committee for a term of four years. One member shall be appointed following nomination by the Icelandic Bar Association, one shall be appointed following nomination by the Icelandic Judges' Association, and one shall be appointed without nomination, and shall not be a practising lawyer. An equal number of alternates shall be appointed in the same manner. The Minister shall appoint a chairman for the committee, and an alternate chairman from among the alternates.]¹⁾

[A lawyer's license test shall be theoretical as well as practical and relate to the theoretical and practical fields that are most relevant for law offices, including the lawyers' code of ethics. The test committee shall organise study courses in preparation for the test. The committee may entrust particular aspects of tuition and testing to the Icelandic Bar Association and the universities that provide tuition in law for a final lawyer's examination or a master's examination, cf. Article 6, the first paragraph, subparagraph (4). A regulation²⁾ issued by the Minister of Justice, having received the test committee's proposals, shall include provisions on fields of study, course arrangement, testing, and the minimum results required for passing.]¹⁾

A course and a test shall be offered at least every other year.

Having obtained the test committee's proposals, the Minister of Justice shall decide on a charge to be paid by applicants taking the tests. The charge shall be determined with a view to the cost of the courses and other test arrangements.

¹⁾ Act No. 93/2004, § 5. ²⁾Regulation No. 774/2000.

Article 8.

An application for a district court lawyer's licence shall be addressed to the Minister of Justice. The applicant shall, as necessary, submit evidence demonstrating that he fulfils the requirements made in Article 6. The applicant shall also, in writing, swear an oath upon honour that he will faithfully and conscientiously discharge every assignment that may be committed to him as a lawyer.

The Minister of Justice shall issue letters of licence to district court lawyers.

A district court lawyer is licensed to represent litigants in the district courts and in any special courts.

Article 9.

[A license to practice law as a Supreme Court lawyer may be granted to any person applying for such license and who fulfils the following requirements:

1. Has been licensed as a district court lawyer for a period of five years;
2. fulfils the requirements made in Article 6, the first paragraph, subparagraphs (1)-(3);
3. has represented litigants in oral hearings in at least 30 cases in the district courts or any special courts, of which at least ten shall be private cases that fulfil the requirements for appeal to the Supreme Court, or with respect to which the Supreme Court has permitted appeal, and
4. demonstrates his fitness for such licence by a test comprising the oral presentation of four cases in the Supreme Court when composed of five or seven judges, of which at least two shall be private cases.]¹⁾

[A person wishing to undergo the test provided for in the first paragraph, subparagraph (4), shall notify this to the Supreme Court, and demonstrate, with confirmation by the Minister of Justice, that he fulfils the other requirements of the first paragraph. The judges composing the Supreme Court in each case shall decide whether an applicant is deemed to have passed the test.]¹⁾

Having obtained the opinion of the Supreme Court, the Minister of Justice may waive the requirements stated in the first paragraph, subparagraphs (1), (3) and (4), if the applicant has held a judicial office for a period not less than 10 years. The Minister may likewise waive the requirements of the first paragraph, subparagraphs (1) and (4) if the applicant has, for the same period of time, held an office or a position whose holder is, by law, authorised to prosecute criminal cases in the Supreme Court.

The Minister of Justice may, by regulation, provide for exemptions from the requirements of the first paragraph, subparagraphs (1) and (3), for the benefit of persons who have been granted similar licences in other states and in other respects fulfil the requirements made in Article 6, the first paragraph, subparagraphs (1)-(4), cf. the second and third paragraphs of that Article.

¹⁾ Act No. 93/2004, § 6.

Article 10.

An application for a Supreme Court lawyer's licence shall be addressed to the Minister of Justice. Evidence demonstrating that the applicant fulfils the requirements made in Article 9 for being granted the licence shall be enclosed with the application as may be needed.

The Minister of Justice shall issue letters of licence to Supreme Court lawyers.

A Supreme Court lawyer is licensed to represent litigants in all Icelandic courts.

Article 11.

A lawyer may engage an assistant who fulfils the requirements made in  Article 6, the first paragraph, subparagraphs (1)-(4), cf. the second and third paragraphs of that Article. Confirmation for the fulfilment of these requirements shall be sought from the Icelandic Bar Association, and evidence demonstrating this shall be submitted to the Association.

Having obtained a confirmation as provided for in the first paragraph, a lawyer shall notify the courts of the engagement of an assistant. This having been done, the assistant may attend court sessions other than those of the Supreme Court, as an agent of his employer and on the employer's responsibility, taking care of the interests of the employer's clients, except when oral evidence is being received or during the final hearing of a case. A lawyer shall notify the courts and the Icelandic Bar Association if his assistant leaves his employment,

A lawyer may engage another lawyer to work for his office. The employer shall be responsible for the employed lawyer's management of client's finances, and shall be financially responsible for his functions in other respects.

Article 12.

[Lawyers have the duty of maintaining an office open for the public, a separate trust account in an accredited banking institution for monies belonging to clients, and a valid professional liability insurance, as provided for in further detail in Articles 19, 23, and 25.

A lawyer may apply to the Icelandic Bar Association for an exemption from the requirements made in the first paragraph, as long as the lawyer

1. holds a permanent position with a public or private institution, provided the lawyer does not render legal services to any other party;
2. remains in the employment of another lawyer, cf. Article 11, the third paragraph, or
3. holds a permanent position with an association, provided the lawyer does not render legal services to any other than the association itself or its members, and the legal services rendered shall fall within the sphere of the association's activities.

A lawyer seeking an exemption as referred to in the second paragraph shall submit the employer's approval of the exemption being granted. If an exemption is sought by reference to subparagraph (2) of the second paragraph, a confirmation of an employer's responsibility as referred to in Article 11, the third paragraph, shall be enclosed with the application. If an exemption is sought by reference to subparagraph (3) of the second paragraph, the employer shall bear vicarious liability for the management of clients' funds and for any legal services provided by the lawyer that are covered by the professional liability insurance.

A lawyer shall, when applying for an exemption as provided for in subparagraphs (1) or (3) of the second paragraph, enclose a declaration stating that he will only make use of his licence within the limits provided for there.

The employer and the lawyer shall both notify the Icelandic Bar Association if their employment relationship is terminated.

A lawyer who in other respects does not comply with the duties provided for in the first paragraph shall return his licence to the Ministry of Justice, and the licence shall be declared out of effect.]¹⁾

¹⁾ Act No. 93/2004, § 7.

Article 13.

[The Icelandic Bar Association shall control that a lawyer fulfils at all times the conditions provided for in Articles 6, 9 and 12 for holding a lawyer's licence.

A lawyer has the duty of providing to the Icelandic Bar Association, or an authorised public accountant whom the Association may appoint for the purpose, all and any information necessary for assessing whether the lawyer fulfils the conditions provided for in Article 12.  The persons exercising such control shall keep confidential any matters discovered, that do not concern the purpose of the control. If the board of the Association has decided to entrust the Association's auditor with an examination of a lawyer's financial management, and the examination has been of extensive scope and has revealed misconduct on the part of the lawyer in the course of his functions, the Association may demand payment of the costs of the examination from the lawyer.

If control exercised in accordance with the first paragraph reveals that a lawyer does not fulfil the conditions referred to there, the Icelandic Bar Association shall propose to the Minister of Justice that his licence be revoked. The Minister shall take a reasoned stand with respect to such proposal within two months from receiving it.

If a lawyer to whom the provisions of Article 23 apply has not, prior to the first day of October each year, provided the board of the Icelandic bar Association with a statement of trust account balance as provided for in Article 23, the second paragraph, or is such statement has not proved satisfactory, the Icelandic Bar Association shall propose to the Minister of Justice that his licence be revoked. The Minister shall take a reasoned stand with respect to such proposal within two months from receiving it.]¹⁾

¹⁾ Act No. 93/2004, § 8.

Article 14.

[If the Resolution Committee of Professional Lawyers receives a complaint against a lawyer, and the Committee is assured that the lawyer has seriously or repeatedly violated law or the rules referred to in Article 5, the second paragraph, to the extent of rendering further licensed legal practice unacceptable, the Committee may, in a reasoned opinion sent the Minister of Justice, propose a suspension of his licence, or, a revocation of the licence in serious cases. The Committee may propose suspension or revocation even if the lawyer has returned his licence to the Ministry of Justice and the licence has been declared out of effect as provided for in Article 15, the second paragraph.

The Minister shall take a stand with respect to a proposal made in accordance with the first paragraph within two months from receiving it.]¹⁾

¹⁾ Act No. 93/2004, § 9.

Article 15.

[If a lawyer is engaged for an official function which the Minister of Justice deems incompatible with his holding of a lawyer's active professional licence, the lawyer shall return his licence to the Ministry, and the licence shall be declared out of effect.

A lawyer may return his professional licence to the Ministry of Justice at any time, and the licence shall then be declared out of effect.]¹⁾

¹⁾ Act No. 93/2004, § 10.

Article 16.

[If the Minister of Justice has declared a lawyer's professional licence out of effect, the licence has fallen out of effect or been cancelled in accordance with any of the provisions of Articles 12-15, the licence shall be declared effective anew or granted anew upon application, without charge and without a test being required, provided all other conditions for being granted such licence are fulfilled. If the licence has been revoked in accordance with Article 13, the fourth paragraph, a confirmation from the Icelandic Bar Association shall be also be sought for a delivery to the Association of a valid statement of trust account balance.

If a lawyer has been deprived of his licence in accordance with the provisions of Article 14, he may, after five years have passed, apply for admittance to a test as provided for in Article 7, whereupon he may apply for a district court lawyer's licence anew. The Minister of Justice shall grant such applications having received a recommendation from the Icelandic Bar Association. .]¹⁾

¹⁾ Act No. 93/2004, § 11.

Article 17.

[In the Law and Ministerial Gazette, the Minister of Justice shall advertise any licences granted. This shall also be done in cases of deprivation and automatic cancellation, and when licences are declared out of effect.

The Ministry of Justice shall maintain a registry of lawyers holding valid professional licences. Any lawyers who have been granted exemptions as provided for in Article 12, the second paragraph, shall be stated there separately. The registry shall be open to the public.]¹⁾

¹⁾ Act No. 93/2004, § 12.

Chapter IV. 
Legal practice.

Article 18.

Lawyers shall conscientiously perform any tasks committed to them, and shall employ all lawful means to protect the lawful interests of their clients.

Article 19.

A lawyer shall work at his office in person. A lawyer who operates a branch office may however entrust another lawyer in his service with its management.

A lawyer who deems that he is not able to keep an office open to the public by reason of age or failing health may apply to the Icelandic Bar Association for an exemption from that duty.

Lawyers may form companies in the form of their choice for the provision of their services, including limited liability companies. Such limited liability shall not affect a lawyer's personal liability for any loss he or his employee may cause others in the course of his functions.

Participation in a company operating a law office, or ownership of such company, is prohibited for others than lawyers. Upon the death of a lawyer the Icelandic Bar Association may however grant the lawyer's estate at death, or his heirs, a provisional permission to own and manage such company. Such permission may also be granted a bankruptcy estate in case a lawyer is declared bankrupt.

? ]¹⁾

¹⁾ Act No. 93/2004, § 13.

Article 20.

A lawyer has the duty of accepting appointment [or nomination]¹⁾ as defence counsel or legal representative in a criminal case, provided he fulfils the relevant competency requirements and if neither the lawyer himself nor any relatives or other clients possess any incompatible interests.

In other respects than follows from the provisions of the first paragraph, a lawyer shall at all times be free not to accept any tasks he is asked to undertake.

¹⁾ Act No. 36/1999, § 48.

Article 21.

A lawyer or a lawyer's assistant appearing in court on behalf of a party shall be presumed to have a power of attorney to manage the party's interest, if no proof to the contrary is adduced.

If nothing is established to the contrary a power of attorney granted a lawyer authorizes the lawyer to take any ordinary measure on behalf of his client in court. Within that limit a client shall be bound by the lawyer's action, even if the lawyer exceeds the power granted him.

A lawyer can only accept payment with binding effect for his client if he holds a power of attorney to that effect, the substance of which can be proven.

A lawyer has the duty of personally carrying out in court the tasks entrusted to him, unless his client accepts another arrangement. A lawyer can however entrust appearance in court to his assistant or another lawyer, provided the purpose of the court session is not a main trial or oral adduction of evidence.

A lawyer's client can at any time revoke his power of attorney granted a lawyer. A provision to the contrary in a power of attorney shall be ineffective.

A lawyer can resign from an accepted task at any time, but has the duty of ensuring that this will not damage his client's interests.

Article 22.

A lawyer has the duty of maintaining silence with respect to any matter confided to him in the course of his functions. A lawyer's employee is also under the duty of maintaining silence with respect to such confidential matters he may become aware of in his work.

Before accepting a task, a lawyer shall call a prospective client's attention to any possible danger of a conflict between his interests and any interests of the lawyer, his relatives, or some other client, or the possibility of such a situation arising while in the course of the task.

Article 23.

[A lawyer who has not been granted an exception from the provisions of Article 12, the first paragraph, has the duty of keeping any funds received on behalf of others separated from his own funds, and shall maintain a particular trust account in an accredited banking institution for the keeping of such funds.

Prior to the first day of October each year, each lawyer shall submit to the Icelandic Bar Association, on a form prepared for the purpose, a statement confirmed by an authorised public accountant, declaring that the trust account balance on 31 December of the previous year was not below the amount of monies held in trust according to the lawyer's records. At the same time each lawyer shall also send the Association information on securities in his safekeeping on 31 December in the previous year, confirmed by an authorised public accountant.

The Minister of Justice, having obtained the proposals of the Icelandic Bar Association, shall issue provisions¹⁾ on trust accounts in further detail.]²⁾

¹⁾ Regulation No. 201/1999. ²⁾ Act No. 93/2004, § 14.

Article 24.

A lawyer is entitled to charge a reasonable fee for his services, and shall, to the extent possible, explain to his client what the total fee may amount to. This may also take the form of a part of the amount a client may recover in a case, as well as a fee which is higher if legal action is successful.

A promise to pay an unreasonably high fee for a lawyer's services shall not be binding upon his client.

Having obtained the opinion of the Icelandic Bar Association, the Minister of Justice may issue guidelines for lawyers concerning reasonable amounts which they may reserve for their clients from a debtor to cover fees for the collection of monetary claims. The use by lawyers of such guidelines for any other purpose shall be prohibited.

Article 25.

A lawyer shall be liable for his and his employees' professional functions in accordance with the generally applicable principles.

Lawyers have the duty of maintaining a valid professional liability insurance¹⁾ with an insurance company accredited for insurance business in Iceland, to cover any financial loss due to their own or their employees' negligence. Having received the proposals of the Icelandic Bar Association, the Minister of Justice may, by regulation, decide that professional liability insurance may be replaced by another insurance policy of equal validity.

The Minister of Justice, having received the proposals of the Icelandic Bar Association and the opinion of the Financial Supervisory Authority, shall decide on the amount of the professional liability insurance provided for in the second paragraph, and the maximum amount of the policyholder's own risk. This shall be done with a view to accepted insurance standards and the interests of clients. A policyholder's own risk under the terms of an insurance policy shall have no effect as regards the status of a third party.

In an agreement concluded for a particular task, a layer may specify a maximum amount of his liability in the course of its performance, which shall be no lower than the minimum professional liability insurance amount as provided for in the third paragraph. Such limitation shall only be binding upon the party contracting with the lawyer, and shall only apply to loss sustained in consequence of simple negligence.

¹⁾ Regulation No. 200/1999.

Chapter V.
Disputes concerning lawyers' services.

Article 26.

Either party to a dispute between a lawyer and his client concerning the lawyer's right to payment for his services or the amount thereof may refer the dispute to the Professional Lawyers' Resolution Committee. [The Committee shall dismiss any dispute concerning fees for legal services if the period passed since it first could be brought before the Committee exceeds one year.]¹⁾

If legal action has not been brought on account of a dispute as referred to in the first paragraph before it is referred to the Resolution Committee, the matter can not be referred to the courts while the Committee procedure is in progress.

If a dispute in litigation is referred to the Committee the Committee may, upon the request of either or both parties, provide an opinion for submission in court. If legal action on the matter at issue has been brought to a conclusion, the Committee shall dismiss the case.

¹⁾ Act No. 93/2004, § 15.

Article 27.

Any person considering that a lawyer has, in the course of his functions, damaged his interests by unlawful conduct or conduct contrary to rules issued in accordance with Article 5, the second paragraph, may submit a complaint against the lawyer to the Professional Lawyers Resolution Committee. The Committee shall dismiss such complaint if the period passed since it first could be brought before the Committee exceeds one year.

[The Resolution Committee may, in a case referred to in the second paragraph, censure a lawyer's action or conduct, or issue a formal warning. In serious cases, or if the lawyer has repeatedly been admonished, the committee may proceed as referred to in Article 14, the first paragraph.]¹⁾

¹⁾ Act No. 93/2004, § 16.

Article 28.

A case shall be referred to the Professional Lawyers' Resolution Committee in writing, accompanied by the necessary documents. Its reception of a case shall interrupt any periods provided for in statutes of limitations.

[The Resolution Committee may decide to charge a fee of suitable amount, to be paid when a case in dispute or a complaint is submitted. If the Committee concludes, by a formal decision, that there is a valid basis for the submitted matter, the paid charge shall be refunded to the petitioner.]¹⁾

[The Resolution Committee is empowered to order a party to pay the opposite party costs of procedure before the Committee.

The Resolution Committee may in special cases order the parties to pay the costs of the Committee's consideration of their case.]¹⁾

The party to a case such as referred to in Articles 26 or 27 may, when the case before the Resolution Committee has been brought to a conclusion, seek a judicial resolution invalidating its decision or a settlement concluded before the Committee, or seek, by legal action, a change of a conclusion arrived at there.

A resolution by the Committee or a settlement concluded before the Committee may be enforced by an enforcement action in the manner of a court decision or a settlement in court.

¹⁾ Act No. 93/2004, § 17.

Chapter VI.
Miscellaneous provisions.

Article 29.

Fines shall be ordered in case a person takes on an assignment reserved for lawyers by the provisions of Article 2, if the person so doing is not licensed as a lawyer or engaged as a lawyer's assistant. Fines shall also be ordered in case a person offers the services of a lawyer to others, if the necessary licence has not been granted that person.

[The professional titles of barrister, district court lawyer and Supreme Court lawyer, and the abbreviations hdl. and hrl., may only be used by persons who hold valid licences granted under this Act, and fulfil the requirements made in Article 12. Fines shall be ordered in case this provision is violated.]¹⁾

[Any person who uses a lawyer's professional title enumerated in rules issued by the Minister of Justice in accordance with Article 1, the second paragraph, without having been granted the necessary licence in a State within the European Economic Area, shall be fined.]¹⁾

Subject to any other provisions of law providing for heavier sanctions, fines shall be ordered in cases of violations of Article 22, the first paragraph, Article 23, the first paragraph, and Article 25, the second paragraph.

¹⁾ Act No. 93/2004, § 18.

Chapter VII.
Entry into effect, etc

Article 30.

This Act shall enter into effect 1 January 1999. ?

Article 31.

The provisions of this Act shall not affect the professional licences of district court and Supreme Court lawyers granted prior to its entry into effect, including licences granted in accordance with Article 9, the second paragraph, of the previous Act.

?¹⁾

If a lawyer has been deprived of his professional licence, or has returned or forfeited his licence prior to 1 January 1999, the provisions of this Act shall govern whether, how and when the lawyer may be granted a professional licence anew.

?¹⁾

¹⁾ Act No. 93/2004, § 19.

Temporary provisions

[When appointing the members of the Professional Lawyers' Resolution Committee for the first time in accordance with this Act, one principal member and one alternate shall be appointed for a term of one year, another principal member and an alternate shall be appointed for a term of two years, and a third principal member and an alternate shall be appointed for a term of three years. When a decision has been taken on what persons shall have a seat on the Committee, the term of each member shall be determined by lot.

The members of the test committee provided for in Article 7, the first paragraph, of this Act, shall be appointed for the first time when the term of the committee appointed in accordance with the older provision has expired.

A person who has, at the time this Act enters into effect, obtained the test committee's approval of a test case for presentation in the Supreme Court in accordance with Article 9 of this Act, shall have the opportunity to complete a test in accordance with the previous provisions until 1 December 2005, provided his application for an approval of a second test case has been received by the committee prior to 10 November 2005.

The test committee provided for by Article 9, the second paragraph, of this Act, shall remain active until 30 November 2005.] ¹⁾

¹⁾ Act No. 93/2004, § 120.