Draft Laws

ADVOCATES’ PROCLAMATION NO…/2019 (Draft)

Article 21

Termination of the Right to Practice Law

  1. An advocate’s right to practice law shall be terminated if he:
    1. loses his Ethiopian citizenship or the status of a foreign national of Ethiopian origin; or
    2. loses his capacity; or
    3. is permanently disabled to practice law; or
    4. loses the right due to a disciplinary measure; or
    5. abandons his solo legal practice; or
    6. ceases to practice law, without a justified reason, for more than six (6) months; or ;
    7. obtains another employment; or
    8. receives a non-suspended prison sentence for the duration of more than six (6) months.
  2. Upon the termination of the license of an advocate, his license shall be cancelled and his name shall be deregistered from the Register of Advocates.

 

SECTION FOUR

ADVOCATES’ PROFESSIONAL OBLIGATIONS

Sub-section One – General Obligations

Article 22

Competence and Diligence

An advocate shall always competently and diligently practice law.

Article 23

Independence

  1. An advocate shall be independent in his legal practice.
  2. An advocate shall refrain from actions that may endanger his ability to perform his legal practice independently.

Article 24

Avoidance of Conflict of Interest

An advocate shall refrain from practicing law in a situation that creates or may potentially create conflict of interests.

Article 25

Professional Secrecy

  1. An advocate shall observe professional secrecy.
  2. The obligation of an advocate provided under Sub-article 1 of this Article pertains to all information that has become known to an advocate in his professional practice, except for obvious facts, publicly known facts and information that do not have to be kept confidential in their nature.

Article 26

Fees Charged by an Advocate

  1. Unless otherwise agreed between an advocate and his client or the legal practice is based on pro bono, an advocate is entitled to professional fees and reimbursement of expenses for the services he provides.
  2. An agreement between an advocate and his client regarding fees shall be in writing and contain the amount of fee or its method of calculation, method and type of payment, and the services to be provided.
  3. Unless otherwise agreed, the amount fixed in the agreement between an advocate and his client covers both the professional fee and expenses of an advocate.
  4. In the absence of a written agreement, the amount of fee to be paid and expenses to be reimbursed by a client shall be fixed on the basis of factors to be determined by the Federal
  5. The court may reduce the amount fixed in the agreement only when it appears that it is unusually excessive and it appears from circumstances that the client agreed to the amount owing to his manifest inexperience in legal matters or extraordinary need.
  6. The provisions of the Civil Code are not applicable in matters regulated by Sub-article 5 of this Article.
  7. The Federal Bar may prescribe the fees to be charged by advocates in respect to specific legal services.
  8. Taking into account the specific nature of certain legal matters and the regulatory objectives, the Federal Bar may determine the conditions under which contingency fees and other fee arrangements may be employed by an advocate.
  9. The Federal Bar shall determine the conditions under which and with whom an advocate may share his professional fees.
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