Draft Laws

ADVOCATES’ PROCLAMATION NO…/2019 (Draft)

Article 14

Limited Advocacy License

In order to handle and follow up a federal case, a limited advocacy license shall be issued to a person by the Federal Bar upon the fulfillment of the following requirements by a person:

  1. he has a region’s high level license;
  2. he is not accused of and penalized for an offense showing an improper conduct and his license has not been revoked or cancelled in the region where he works;
  3. he agrees to conduct legal practice in compliance with this Proclamation and the Federal Advocate’s Code of Conduct Regulation and to be accountable under the law in the event of showing an improper conduct.

Article 15

Professional Title

  1. Upon admission, the applicant has the right to practice law under the professional title of “Advocate”.
  2. The professional title “Advocate” is reserved to those admitted to practice law according to the requirements set by this Proclamation.

Article 16

Notarial Services

  1. The Documents Authentication and Registration Agency shall only register documents that are prepared by advocates.
  2. The Documents Authentication and Registration Agency shall not refused to register any documents referred to in Sub-article 1 of this Article on the ground of formal deficiencies and content.
  3. An advocate bears full responsibility for the formal and substantive validity of any document prepared by him.
  4. A document referred to in Sub-article 1 of this Article shall bear the full name and other identifying information of the advocate who prepared it.
  5. An advocates may provide notarial services by obtaining a special license from the Federal Attorney General.
  6. Admission to the Federal Bar is not sufficient to provide notarial services.
  7. The Federal Attorney General shall issue a directive for regulating advocates who provide notarial services.

Article 17

Revocation of an Admission and a License

  1. The admission of an advocate shall be revoked if facts become subsequently known that could not have allowed for the admission to be granted.
  2. A license may be revoked if:
    1. the license was obtained fraudulently or was issued to a disqualified person or the advocate becomes disqualified after the issuance of the license; or
    2. the advocate is debarred.
  3. The admission of an advocate shall be revoked if an advocate does not fulfill specific professional obligations provided in this Proclamation and the Disciplinary Tribunal rules so.

Article 18

Temporary Suspension and Inactivity of Practicing Advocates

  1. Legal practice may be suspended or rendered inactive if any of the conditions provided in this Article is present.
  2. An advocate’s legal practice shall be suspended during his imprisonment.
  3. An advocate’s legal practice may be temporarily suspended if a criminal proceeding has been initiated against him for an act that by its nature makes him unworthy of the legal profession or if a disciplinary action has been initiated for a serious violation of his duty and reputation;
  4. If an advocate is elected or appointed to a paid public office, his legal practice shall be inactive while holding that office.
  5. In cases in which an attorney, due to some justified reasons, cannot practice law for a longer period of time, his legal practice shall be inactive for a period of one year.
  6. The decision on the temporary suspension or on the inactivity of legal practice shall be made by the Council.
  7. If the suspended legal practice is caused by a disciplinary action conducted against an advocate, the duration of the suspension to practice law shall be added to the length of the punishment.
  8. Upon the termination of the inactive period or the temporary suspension to practice law, the advocate shall continue to carry out the legal profession.

Article 19

Renewal

  • A license shall be renewed annually within one month after its last validity date.
  • Failure to renew within one month shall result in payment of penalty.
  • The renewal of a license shall be subject to the production of:
    1. a tax clearance of the applicant;
    2. renewal of indemnity insurance; and
    3. proof of the applicant’s fulfillment of the minimum credit hours of continuing legal education.

Article 20

Register of Advocates

  1. The Federal Bar shall keep a Register of advocates.
  2. The name, physical and electronic address and date of admission of every advocate shall be entered upon the Register in the order of admission.
  3. The Register shall also contain the name and legal address of registered law firms and law offices and the names and addresses of its managing partners and advocates.
  4. The Register must be available online.

 

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