Draft Laws

ADVOCATES’ PROCLAMATION NO…/2019 (Draft)

Article 34

Non-compliance with Continuing Legal Education

  1. If an advocate fails to comply with the provisions of this Sub-section or is determined by the Board to be deficient in his continuing legal education requirement, he shall be so notified in writing by the Board of the nature of such non-compliance and shall be given (60) days to remedy such non-compliance.
  2. If the Board finds an advocate not to be in compliance with the provisions of this Sub-section or the rules of the Board, it shall so report to the Federal Bar and recommend that the advocate be placed on suspended status.

Article 35

Waivers and Extensions

  1. The provisions of this Sub-section shall be strictly enforced.
  2. A waiver of the requirement of continuing legal education provided in this Sub-section may be made by the Board, in whole or in part, if a practicing advocate, because of circumstances beyond his control, cannot in any reasonable manner meet the requirement for continuing education in any given reporting year.
  3. An application for waiver shall set forth the reason why an advocate cannot comply with the minimum requirements and the efforts made to comply as well as a plan setting forth how the advocate expects to continue his education during the period of time for which strict compliance is waived.
  4. Waivers may be granted by the Board for such period as it may determine. Upon termination of the waiver, the Board may make such additional educational requirements as it deems appropriate.
  5. The Board may grant an extension of time for the completion of an advocate’s continuing legal education requirements upon such terms as the Board shall require.

Sub-section Three – Pro bono publico Legal Practice

Article 36

Mandatory Pro bono publico Legal Practice

  • An advocate shall provide pro bono publico professional services to those unable to pay.
  • An advocate shall provide a minimum of fifty (50) hours of pro bono publico services every year.
  • Pro bono publico services include legal advice, representations and any other activities for ensuring access to justice and improving the rule of law and the advocate’s profession.
  • An advocate shall keep records of the fulfillment of his pro bono publico obligations, including the date, type and hours spent for each service.

SECTION FIVE

LEGAL PRACTICE BY LAW FIRMS

Article 37

Right to Establish a Law Firm

  1. Any licensed advocate has the right to establish a law firm in collaboration with one or more licensed advocates.
  2. The minimum number of licensed advocates required for establishing a law firm shall be two.

Article 38

Form and Liability

  • A law firm shall take the form of a limited liability partnership.
  • A law firm shall have its own legal personality.
  • Subject to Article 53 of this Proclamation, a law firm shall continue in existence in spite of any change in its membership.
  • Without prejudice to the generality of Sub-article 2 of this Article, a law firm shall have the capacity to:
  1. enter into contracts; and
  2. own property.
  • The partners of a law firm shall have limited liability towards third parties, except for liabilities to their clients arising out of matters they personally handle.
  • The rendering of legal services through a law firm shall not make the legal profession a trade or an investment under Ethiopian trade and investment laws.

                                                          Article 39

Scope of Services

  • A law firm can engage in legal practice in a similar manner as an individual advocate in accordance with this Proclamation and any other applicable law.
  • A law firm shall primarily engage in practicing law.
  • Without prejudice to Sub-article 2 of this Article, a law firm can provide other services that are related and complementary to legal practice. The particulars for the application of this Sub-article shall be determined in a regulation to be issued by the Federal Bar for the implementation of this Proclamation.
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