The Principles of Regulating Attorney Incompatibility

Abstract

Attorney incompatibility essentially excludes attorneys from engaging in other areas of the economy. The aim of this study is to define the principles that justify this restriction and to examine the legal rules governing the grounds for attorney incompatibility. To do this end, the author first defines the concept of attorney incompatibility and then distinguishes it from other legal institutions that restrict legal practice. Subsequently, he conducts a comprehensive analysis of the regulation of this legal institution in Hungary and Europe, its domestic historical development, as well as relevant constitutional case law and the practice of EU law. On this basis, the author attempts to systematize the principles that constitute the foundation of the regulatory framework. The study also serves as a starting point for examining the practical enforcement of these principles, in particular to determine the extent to which the various grounds of incompatibility are compatible with the competitive functioning of the legal profession and its role in the administration of justice in a market economy governed by the rule of law.