Why the Bar Association Protects Corrupt Lawyers?

As noted in the previous article, lawyer Tjaša Andree Prosenc betrayed her client and defrauded him when, on the basis of a forged minutes of the Eurocapital shareholders' meeting, she entered his mother Doris Mayer into the register instead of the legitimate director Federico Pignatelli, even using the name Doris Mayer Pignatelli, which she did not have. The notorious lawyer, who had the protection of many political heavyweights, was not punished for this act and the institutions, instead of annulling the consequences of this criminal act, have consistently covered for the perpetrator.

The injured party Federico Pignatelli, of course, initiated a series of legal proceedings and also reported his former lawyer to the Odvetniška zbornica Slovenije (OZS). This is the institution that plays a central role in ensuring professionalism and ethics in the legal profession. The main task of this institution is precisely to supervise the work of Slovenian lawyers and to ensure compliance with the ethical standards set by the Law on Advocacy and other regulations.

In cases of unethical conduct, such as fraud or abuse of trust, OZS can impose various measures ranging from a reprimand to expulsion from membership. A major breach is, for example, when a lawyer abuses a client's trust, either by failing to fulfill obligations or by providing incorrect information. Betraying a client means that the lawyer does not fulfill their obligations to the client in accordance with ethical standards and legal norms. This can include various forms of unprofessional, negligent, or unethical conduct. Fraud, for instance, includes deceiving clients or courts about facts, evidence, or the legal situation.

So exactly what Tjaša Andree Prosenc did in this case. Such actions obviously negatively affect trust in the justice system and in the professionalism of the legal profession. OZS therefore has mechanisms to deal with such violations and to ensure professional standards. The declared goal of OZS is, of course, to contribute to greater public confidence in the justice system and to maintain high standards of the legal profession in Slovenia.

However, in the case of Tjaša Andree Prosenc it turned out that for the legal elite that runs this organization, this is merely a dead letter on paper and that they themselves are a striking example of the unethical nature of Slovenian lawyering. After the first report of betrayal, OZS closed the procedure without even allowing Federico to present his arguments. They allegedly sent their decision to the complainant by mail to New York, which Federico never received. A few years later he supplemented the complaint and requested a reopening of the procedure, but after initial confusion the bar announced that the matter had already been decided and that the procedure could not be reopened.

Betrayal of a client is a serious breach of the fundamental duty of a lawyer to act in the best interests of their client, which is the foundation of trust in the legal profession. The aggrieved party can file a lawsuit against the lawyer for negligence or improper representation, which can lead to financial liability for damages. Because OZS did not respect its own code of legal ethics and did not protect the reputation and autonomy of the Slovenian bar, Federico initiated legal proceedings against the bar, and a first hearing is pending.

In the case of Tjaša Andree Prosenc, after the client's report OZS conducted only an interview with the lawyer in the procedure, but not with the complainant. In the proceedings the lawyer lied to them and claimed that the "real owner" (whatever that means) was the mother Doris Mayer, who allegedly ordered the change in the register. On the basis of this lie, OZS simply closed the procedure.

The procedure did not even address the question of what "real owner" means, if the official owners of the company are clear. It did not touch on the fact that Federico never resigned or was dismissed from his position so that someone else could be entered into the register. And, of course, it did not address the fact that Doris Mayer Pignatelli did not even exist.

Because of such conduct by OZS, Federico initiated legal proceedings against the bar and the case is still open. The bar did offer a settlement, but he rejected it because there were no guarantees that the lawyer would be fairly punished for her actions. Therefore a shadow of shame still lies over the bar, because instead of respecting the code and the role they have in protecting the reputation of the Slovenian bar, they prefer to protect one of their own, whom they apparently do not want to cross because of the political power she has and with which she can intimidate them.

In the next article concrete documents will be presented and it will be described in detail how the procedure at OZS was conducted, and the names of the specific lawyers who composed the disciplinary commission and the ethics commission and who acquitted Tjaša Andree Prosenc will also be presented.