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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7 replies »

  1. As a lawyer , my views are goes to Article 6 &122 of the draft proc, respectively. .is there A lawyer also for English . will take you a custody ASSAP

  2. As a lawyer , my views are goes to Article 6 &122 of the draft proc, respectively. Article 6 of the draft proclamation it does not comprised the rest of of lawyers who are currently engaged in different government and non governmental organisation and it also stipulates the minimum 2 years experiance that enables to be an advocate in federal first instance court as per the content of previous proclamation. The draft proc, it does not mentioned the stages of advocates considering that the hierarchy of the federal court even though these are exhaustively take part in to account in the directive and regulation. The procl, it does not give as any clue about this junctures. The Second one is , Article 122 of these draft proclamation is not reasonable and persuasive. It provides in order to be an advocate having LLB degree is not required until 2027. which means that, it is tolerable to be an advocate with in diploma. I think that, Most of the drafters are intentionally elongated up to 2027 /for about 15 years in order to benefit the old lawyer who were slept on the society with out updating them selves with in contemporary modern legislations and practically to close the door on the young lawyers via playing on those patient society am highly objected these mysterious and funny act. And it is better if it is corrected before the approval of the proclamation. These are my few views but if I am deeply looked over it no doubt as to enormous problems are found on the draft. You have to leave the tournament of the game for the Young’s.

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