General description
Is initial training offered, if yes is it compulsory?
The profession of lawyers (advocates) is a regulated profession. The Constitution of the Republic of Croatia stipulates that the legal profession is independent and autonomous.
A person wishing to enter the profession of lawyer must meet all of the requirements prescribed by Article 48 of the Legal Profession Act and the following applies to education/training:
- hold a Master of Laws Degree (LLM)
- pursue a minimum of three-yeas of practice as a trainee lawyer working on legal matters at judicial bodies (court trainee, state attorney trainee, public notary trainee) or for at least 4 (four) years working on other legal matters
- pass the Bar exam
- pass the examination on the Lawyers' Code of Ethics and the Tariff on lawyers' fees and reimbursement of costs
Requirements and training listed above are compulsory.
Requirements listed above are compulsory.
Does initial training differentiate between categories of trainees, e.g. for in-house lawyers and advocates?
The initial training for in-house lawyers is different compared to advocates.
The differences are stipulated in the Legal Profession Act and in the Act on the Bar Exam and on Trainees in the Judiciary.
As one of the conditions for for entry in the List of Lawyers Article 48 paragraph 1 point 6 of the Legal Profession Act stipulates that upon having completed his/her studies, he/she worked for at least 3 (three) years at a law office as a trainee lawyer or dealt with legal matters at judicial bodies (court trainee, state attorney trainee, public notary trainee) or for at least 4 (four) years dealt with other legal matters.
Both categories a trainee lawyer and an in-house trainee lawyer must pass the Bar Exam and meet all the conditions from Article 48 of the Legal Profession Act.
Which entities are responsible for organising initial training?
During traineeship a trainee lawyer shall carry out all legal activities he/she is entrusted with by the lawyer and shall follow the instructions received, as stipulated by the Article 62 of the Legal Profession Act. Also, lawyers and law firms at whose offices trainees work shall make provision for trainees' professional and practical training and their becoming well acquainted with the rules of the Lawyers' Code of Ethics as stipulated by the Article 63 para.1 of the Legal Profession Act.In accordance with Article 63 para. 1 of the Legal Profession Act the Croatian Bar Association ("CBA") shall make provision for trainees' professional and practical training and their becoming well acquainted with the rules of the Lawyers' Code of Ethics. The CBA offers and organizes initial training via a platform (a Learning Management System- LMS).
What is the statutory basis for initial training?
Legal Profession Act
Act on the Bar Exam and on Trainees in the Judiciary
Byelaws of the CBA
Access to the initial training
Are there conditions for accessing the training?
The main access conditions include:
- Master of Laws Degree (LLM)
- Admission to the Register of Trainee Lawyers of the CBA
What is the main recruitment procedure? If it is competitive - who runs it?
Access to initial training is provided to all candidates who meet the requirements to be admitted to the Register of Trainee Lawyers of the CBA.
Are there alternative access routes to the training?
Alternative access routes to initial training is provided in compliance with the provisions of Directives 2005/36/EC and 2013/55/EU.
Format and content of the initial training
What is the duration and time frames of the training?
The initial training duration is stipulated by the Legal Profession Act as stated below.
Article 63 para. 2 of the Legal Profession Act stipulates that a trainee lawyer acquires the right to take the Bar exam upon completion of a period of 18-month practice as a trainee lawyer at a law office/law firm.
Article 67 of the Legal Profession Act stipulates that a trainee lawyer shall forfeit his/her right to traineeship and shall be removed from the Register of Trainee Lawyers where within three years of acquiring the right to sit the bar examination he/she fails to pass the said examination or where within two years of having satisfied the requirements for entry in the List of lawyers he/she fails for no justifiable reason to apply for such entry.
In accordance with Article 63 para.2 of the Legal Profession Act the CBA shall make provision for trainees' professional and practical training and their becoming well acquainted with the rules of the Lawyers' Code of Ethics.
The CBA offers and organizes training via a platform (a Learning Management System- LMS) which is flexible and may be adjusted to the needs of the single user.
How is the training organised?
The training is organized in the mode described above.
Who are the trainers?
In accordance with Article 63 para.1 of the Legal Profession Act and Rule no. 121 of the Lawyers’Code of Conduct the trainers are lawyers with whom trainees are employed.
The CBA offers and organizes training via a platform (a Learning Management System- LMS) and the trainers are professors of the Faculty of Law, judges of the Supreme Court, Constitutional Court and of other courts as well as lawyers who are members of the Bar Exam Commission of the Ministry of Justice, Public Administration and Digital Tansformation.
What is the content and objectives of the initial training?
During traineeship a trainee lawyer shall carry out all legal activities he/she is entrusted with by the lawyer and shall follow the instructions received, as stipulated by the Article 62 of the Legal Profession Act. In accordance with Rule no. 121 of the Lawyers’Code of Conduct lawyers shall provide their trainees with the possibility of gaining practical experience and knowledge and shall ensure that such training be diverse and the knowledge thorough.
The CBA offers and organizes training for the purposes of preparation for the Bar exam and the learning content included for that purposes is stipulated by law and covers the areas of civil and criminal law with their respective codes of procedure, company law, labour law, family law, administrative law, EU law, the Constitution and the organisation of the judiciary as well as the drafting of judgments (criminal law, civil law and administrative law).
Who designs the initial training programmes?
The Legal Profession Act and Byelaws of the CBA (the CBA, i.e. the Lawyers' Academy of the CBA)
The Act on the Bar Exam and on Trainees in the Judiciary (The Bar exam is organised and conducted by the Ministry of Justice, Public Administration and Digital Tansformation)
What methodology is used for the training?
During traineeship a trainee lawyer shall carry out all legal activities he/she is entrusted with by the lawyer and shall follow the instructions received, according to Article 62 para. 1 of the Legal Profession Act.
The CBA offers and organizes training via a platform ( a Learning Management System- LMS), including lectures, seminars and legal drafting exercises.
What practical elements of the training are applicable to the trainees?
Trainee lawyers are obliged to work as trainee lawyers at a law office/law firm, where they work on the legal cases of such law office/law firm, and this by representing clients in court, drafting claims, remedies, contracts, legal opinions etc. within the framework permitted by law.
How are trainees evaluated/assessed? How often and by whom?
Trainees are evaluated by the lawyer with whom they work, by the CBA, by the Bar Exam Commission of the Ministry of Justice, Public Administration and Digital Tansformation.
The CBA monitors trainee's attendance of various lectures/seminars etc.
Are there any training activities carried out in conjunction with other legal professionals? If yes: How does it work?
There are training activities carried out in conjunction with ombudsman. Face to face seminars and via a platform (a Learning Management System- LMS).
What are the specificities regarding EU law training, linguistic training and European components of initial training, for example participation in CCBE or ELF activities?
Training in EU law is provided.
EU law is part of the Bar exam.
Linguistic training is supported.
How many trainees are accepted for training? Are the numbers of trainees adjusted annually and by who?
The number of trainees changes every year.
There is no limit to the number of trainees.
Termination of the initial training and qualification process
Does the initial training conclude with a final exam? How is it organised? Who is responsible for the exam?
Please see the question „What is the duration and time frames of the training?“
The Bar exam is organised by the Ministry of Justice, Public Administration and Digital Tansformation and consists of two parts: the oral exam and the written part of the exam.
The Ministry of Justice, Public Administration and Digital Tansformation is responsible for the Bar exam.
A person who wants to enter the profession of lawyer must meet all of the requirements prescribed by Article 48 of the Legal Profession Act, including but not limited to passing the Bar exam and passing the examination on the Lawyers' Code of Ethics and the Tariff on lawyers' fees and reimbursement of costs. The CBA is responsable for the mentioned exam and exam is taken before the local bar association of the CBA.
Is there a further recruitment procedure to become a lawyer upon completion of the initial training?
There are no further procedures to become a lawyer apart from those already stated above.