Liability insurance (lawyers)

Before being entered into the register of lawyers, each lawyer must prove to the committee of the Bar Association that he/she has taken out liability insurance with an insurance provider authorised to operate in Austria to cover claims for damages arising from the practice of his/her profession. Insurance must be maintained for the duration of his/her profession.

• The minimum insured sum must amount to a total of 400,000 Euro for each insured event.
• In the case of a partnership of lawyers, the insurance must also cover claims for damages arising against a lawyer due to his/her position as partner.
• In the case of a law firm in the form of a GmbH (limited liability company) or a partnership of lawyers whose sole general partner is a GmbH, the minimum insured sum must amount to a total of 2,400,000 Euro for each insured event. If the professional liability insurance is not maintained or not maintained to the prescribed extent, then it is not just the firm but also the partners in the law firm that are liable, personally and regardless of fault, in the amount of the missing cover.

Temporary activities

Lawyers from another EU/EEA Member State or Switzerland, such as a lawyer entered into the register of lawyers of a competent bar association, may, in principle, temporarily provide legal services in Austria under the restrictions of the EIRAG.

Permanent place of business

Lawyers from another EU/EEA Member State or Switzerland who establish themselves permanently in Austria under the professional title of their country of origin and under the restrictions of the EIRAG must request entry into the register of permanently established European lawyers from the competent bar association. That application must be accompanied by proof of professional liability insurance, amongst other things.

Further links

• Austrian Bar Association (→ ÖRAK)^{German text}
• All types of insurance (→ VVO)^{German text}

Legal basis

• Section 21a of the RAO
• Sections 2, 15, 10 of the EIRAG