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December 4th, 2008
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10 Questionswith Miroslav Chochola10 Questions | Search restaurants | Archives April 5th, 2006 issue
The Czech Republic has been described as a legal jungle where it's easy to get lost. And the number of bills moving through Parliament aren't making things any simpler. Miroslav Chochola, chairman of the board at online law firm ePravo.cz, talks to The Prague Post about the traps in the legal system. He also comments on whether online legal services could become more popular here. 1. ePravo.cz provides online legal information and tips. When do you think e-law will expand in this country? We're trying to develop online publications, and we're cooperating with several news servers and the media. We disseminate this information free of charge to a wide range of readers. People's near unwillingness to pay for access to Internet sites restricts the growth of online legal services. 2. Do other lawyers think you're taking business away from them or trying to reshape legal services? No. We cannot provide legal services because only certified attorneys can give them. Instead, I think we boost people's awareness about legal services, improve the image of the Czech justice system and teach people to use professional legal services more often. That's why we cooperate very closely with the Czech Bar. 3. Given the complexity of the legal system, is it possible for regular citizens to live and work here without unintentionally stepping afoul of the law? It's possible in regular life. I still recommend consulting legal experts to ensure you don't overlook anything or violate a certain law. Many companies and individuals are starting to consult legal experts more often. They've realized it's too late to look for a lawyer after a problem occurs because at that point you can't do anything but minimize the damage. 4. Parliament has passed many new bills recently. How difficult is it, even for professionals, to understand and negotiate these changes? It's certainly very difficult. That's also why lawyers are increasingly specializing in particular fields. Otherwise, I imagine it's difficult to provide good legal services. You can only master a particular area of the law when you monitor it closely.
5. Because the system is so complicated, foreign companies that do business with companies here often demand contracts not be based on Czech law. Is this disadvantageous for local companies, particularly when they are forced to turn to foreign law to settle disputes? It is a disadvantage to a certain extent because Czech companies are not familiar with foreign laws, and the cost of foreign court proceedings is higher than in Czech courts. However, I suppose that when a foreign company operates on the Czech market and does business with Czech companies, the law they use in business contracts should be Czech. 6. International arbitration is becoming well-known in this country: We've suffered a few major losses lately. Arbitration is widely described as an effective tool for settling disputes. Could this become a viable way of settling domestic business disputes as well? I hope so. Arbitration is the fastest way to enforce law. Apart from a state arbitration court, there are several private arbitration courts in this country. To be able to turn to arbitration, however, particular clauses have to be incorporated into original business contracts. Many companies forget about that. 7. Why, for many people, is resolving a matter through legal action still seen as a last resort? Czechs aren't as legally aware as citizens in other countries, although the situation has been improving due to the legal periodicals we've been publishing. The issue of taking matters to court is related to faith in courts. The length of court proceedings in this country does not paint the justice system in a good light. However, statistics by the Justice Ministry prove that court proceedings are shortening. 8. How would you assess law enforcement in business matters? It's good. Initial court rulings can often be received within a few months, and it's becoming faster to register a company. Recently, I saw statistics that suggested it's possible to start a business here within 21 days of applying to the Business Register. That's a reasonable amount of time. 9. Isn't it dangerous for legislation such as the Labor Code and the Criminal Code, which have been under debate in Parliament recently, to be issues so close to the June elections, when most debates are governed by political maneuvering? It's certainly harmful. But it's important to see that some delays result from complicated legal proceedings. The genesis of the Criminal Code is an example. It's sad that it's become an election tool, and that Parliament failed to pass it. 10. If you could take the law into your own hands, how would you use it? Well, there are so many areas and things that need changing. There are different problems in different sectors. After seven years of managing ePravo.cz and reading letters from our readers, my view is somewhat distorted. So, if I were to take the law into my own hands, I would do it via attorneys. Want your top manager to answer our 10 Questions? Send a message to František Bouc at fbouc@praguepost.com Other articles in Business (5/04/2006):
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