Peter Kovesh: Hungarian Lawyers Experiencing the Transitional Period

Peter Kovesh – Vice President of the Budapest Bar Association, Member of the Board of the Hungarian Bar Association and Vice-Chairman of the Bar Commission of the International Bar Association. In his video lecture, Mr Kovesh tells about the activities of the Hungarian Bar Association, the new rules on the legal services market, and the advanced training for lawyers.

Lawyers in Hungary are in a transitional period – a new law on the legal profession which will change the approaches to regulating the provision of legal services, comes into force since the start of the new year. The previous law was called the “Law on the Lawyer” and made a key emphasis on the person of the lawyer. The new law is entitled “Law on the Legal Services” / “Law on the Legal Profession”, and will regulate all types of professional activities for the provision of legal services without exception. Thus, all who provide legal services in Hungary will be subject to this law, as well as to all regulations adopted by the Hungarian Bar Association for its execution. Among the shortcomings of this law is an obligation to pass professional qualifications annually. The reason for this is the legislation that is constantly changing and new forms of legal services emerging. The format of such training courses is regulated by the Hungary Bar Association and includes more than professional education in the legal field, but also soft skills, the notion of professional ethics that each lawyer required to master.

The Hungarian Bar Association performs two key functions: it has regulatory and representative powers. The most important element of the regulatory function of the Hungarian Bar Association is the maintenance of the official Bar register. Only individuals included into this register have the right to practice law, in particular to represent the interests of individuals and legal entities. Another aspect of the regulatory function is the development of bylaws. The powers of the Hungarian Bar Association include the adoption of rules of professional ethics, disciplinary code, professional responsibility, and types of further professional education.

Further to the implementation of regulatory and administrative functions, there are a variety of electronic services that the Hungarian Bar Association provides to lawyers in Hungary. These services may be related to the activities of lawyers in courts, access to various resources and administrative bodies.

Within the representative function, the Hungarian Bar Association protects its members from violations of professional rights and guarantees. If the court violates the lawyer’s professionals rights, the Association stands up for their protection. Also, the legislator is obliged to send the Association every bill related to the regulation of the legal profession, and obtaining approval of such bill is a prerequisite for its submission to the parliament. When receiving such bill, the chair of the Association sends it to all members of the organization for the comments and suggestions.

Such regulatory and representative functions form the basis of the self-government of the Hungarian legal profession.

Each Hungarian lawyer is a member of about 20 regional Bar associations. And each of the regional Bar associations is a member of the Hungarian Bar Association. The size of membership fees is set by each branch and the amount varies depending on the region.

This is a brief description of the lecture. To learn more about the experience of the Hungarian Bar Association, please watch the video interview.

The opinions expressed in this article are the author’s own and do not reflect the view of the “Tomorrow’s Lawyer” Program, the Ukrainian Bar Association, the Bar Association of Legal Aid Providers, the Quality and Accessible Legal Aid in Ukraine Project, the Canadian Bureau for International Education, or the Government of Canada.