Lawyer and foreign consultant in Hungary: how to become a lawyer and peculiarities of work

During the war, many Ukrainians chose Hungary, a member of the European Union, as a place of refuge. Those of them who have the status of a lawyer will be able to realize themselves. However, the opportunities are somewhat limited.

During the webinar «Access to the legal profession abroad» organized by the UNBA Committee on International Relations, the UNBA representative in Hungary, lawyer Viktor Yasevin, spoke about the peculiarities of the work of lawyers in this country.

Conditions for admission

The legal basis of the Hungarian Bar is the Law of Hungary No. LXXVIII «On the Practice of Law», adopted in 2017.  It does not provide for any benefits for Ukrainian citizens who wish to become attorneys in Hungary.

The general requirements for admission to the profession are as follows:

1. The person is a citizen of a state party to the Agreement on the European Economic Area.
2. Has a law degree.
3. Has successfully passed the Hungarian legal qualification exam. The prerequisite for admission to this exam is that a person has the status of a candidate for advocacy and has been practicing in this status for a total period of 3 years.
4. Practiced as an advocate for at least one year during the last ten years preceding the application for inclusion in the register of the Hungarian Bar Association. After successfully passing the legal qualification exam, the candidate for advocacy is obliged to continue to work for at least 1 year with an advocate who carries out individual advocacy practice or in an advocacy association. Only after successfully passing the legal qualification exam and working for at least 1 year, the candidate for the bar may apply for membership in the regional bar association and for his/her data to be included in the register of the Hungarian Bar Association.
5. Has a valid professional indemnity insurance policy covering compensation for damages caused by the advocate's activities.
6. Has office premises in the district of the regional bar association's activity, suitable for the permanent practice of law.
7. Has the necessary and appropriate conditions for ensuring electronic administration.
8. Has a valid substitution agreement with another advocate who carries out individual practice or with the bar association (this requirement does not apply to hired advocates who are in labor relations with the bar associations).
9. The absence of grounds prohibiting the practice of law defined by national legislation.

Foreign legal counsel

Since Ukraine is not a member of the European Economic Area, Ukrainian lawyers can be included in the register of the Hungarian Bar Association only in the status of foreign legal consultants.

Pursuant to the Law on the Practice of Law, a foreign legal consultant is a person who provides legal advice and explanations on the provisions of the national legislation of the country in which he or she has the status of an attorney, as well as on international law and related legal practice on the basis of a cooperation agreement with a Hungarian attorney who is engaged in individual practice or a Hungarian law firm. A foreign legal consultant is prohibited from engaging in other types of advocacy in Hungary.

In the course of his or her practice of law, a foreign legal consultant shall have the right to use his or her own name or the name of a foreign law firm or association registered in the country of his or her registration as an advocate.

A person acquires the status of a foreign legal consultant after entering information about him or her into the register of foreign legal consultants of the Hungarian Bar Association.

A foreign legal consultant does not acquire the status of a member of the Hungarian Bar Association. He or she may not represent himself or herself as a person entitled to practice law in accordance with the provisions of the Hungarian national legislation.

Requirements:

a) holds a valid license/certificate to practice law abroad;

b) is not subject to criminal or disciplinary proceedings in the country referred to in paragraph (a),

c) has concluded a cooperation agreement with an advocate who carries out individual practice or a law firm that has an office in the district of jurisdiction of the Regional Chamber of Advocates and maintains these premises in a condition suitable for the permanent practice of a foreign legal consultant;

d) has a valid professional indemnity insurance policy valid in the territory of Hungary and covering losses that may be caused to the client by his or her activities;

e) there are no grounds prohibiting the practice of law specified by the national legislation of Hungary.

A foreign advocate may not be registered in the register of the Hungarian Bar Association as a foreign legal consultant if he or she or his or her foreign law firm/association has registered and opened an official commercial representative office in Hungary.

A foreign legal consultant may act exclusively on the instructions (orders) of a Hungarian lawyer who carries out individual practice or on the instructions of a Hungarian law firm with which he or she has concluded a cooperation agreement.

If it is provided for in the cooperation agreement, a foreign legal consultant also has the right to independently choose assignments (orders) in the field of his or her activity.

A cooperation agreement may also be concluded with a foreign law firm/association of foreign legal counsel.

The amount of the annual fee for foreign legal advisers to the Hungarian Bar Association in 2023 is HUF 132000 (as of November 2023, equivalent to UAH 13450).

If the fee is paid quarterly, the amount of the fee for one quarter is HUF 33000 (as of November 2023, equivalent to UAH 3375).

Foreign legal advisers have the opportunity to conclude a professional liability insurance contract

- in the Association of Insurance of Professional Activity and Mutual Assistance of Hungarian Lawyers;

- in commercial insurance companies.

In the event of expiration of the professional liability insurance policy of a foreign legal counsel or its untimely renewal, the Hungarian Bar Association has the right to suspend the publication of information about such foreign legal counsel in the register of the Hungarian Bar Association.

European lawyer

For those Ukrainian attorneys who simultaneously have the status of an attorney in any EU country, there is a theoretical possibility to be entered in the register of the Hungarian Bar Association as a European lawyer.

An advocate from an EU country may apply to the regional bar association for inclusion of information about him/her in the register of the Hungarian Bar Association as a European advocate if he/she meets the following requirements:

• has been continuously practicing law in Hungary for at least three years with the application of Hungarian or European Community law in Hungary;
• has a sufficient level of knowledge of the Hungarian language, which is sufficient and necessary for the practice of law;
• has a valid professional indemnity insurance policy valid in the territory of Hungary and covering losses that may be caused to the client by the advocate's activities;
• has office premises in the district of the Regional Chamber's jurisdiction suitable for the permanent performance of the Practice of Law;
• has the necessary and appropriate conditions for ensuring electronic administration;
• has a valid substitution agreement with a Hungarian advocate who carries out individual practice or with a law firm;
• there are no grounds prohibiting the practice of law under the Hungarian national legislation.

The amount of the annual fee for European lawyers to the Hungarian Bar Association in 2023 is similar to the amount of the fee for foreign legal advisers and amounts to 132,000 HUF (as of November 2023, equivalent to 13450 UAH).

If the fee is paid quarterly, the amount of the fee for one quarter is HUF 33000 (as of November 2023, equivalent to UAH 3375).

For reference:

The Hungarian Bar Association is the central body in the Hungarian legal profession. At the regional level, there are 20 chambers of lawyers.

A Magyar Ügyvédi Kamara / Hungarian Bar Association

1055 Budapest, Szalay u. 7. Hungary

Telefon: +36-1-311-98-00, +36-1-331-17-73, Telefax: 3117-86

e-mail: muk@muknet.hu

President of the Hungarian Bar Association:

Dr. Havasi Dezső / Dr. Havasi Dezső