Draft Laws

ADVOCATES’ PROCLAMATION NO…/2019 (Draft)

Sub-section Four – Oversight over Non-advocate Staff

Article 67

Oversight

An advocate with managerial and/or direct supervisory authority over non-advocate staff shall make reasonable efforts to ensure that the non-advocate staff’s conducts are compliant with this Proclamation and other applicable laws.

Article 68

Liability

  • An advocate shall be liability for the conduct of his non-advocate staff’s conduct that violates this Proclamation.
  • Responsibility is excluded under Sub-article 1of this Article if the advocate would not be liable according to the law of representation, especially if the advocate has taken reasonable remedial action.

Article 69

Contribution to Training

An advocate shall contribute to the training of trainee advocates by:

  1. providing practical training in his law office; and
  2. participating as a lecturer in courses.

SECTION SEVEN

INSTITUTIONS OF REGULATION

Sub-section One – The Federal Bar of Ethiopia

Article 70

Establishment

  • The Federal Bar of Ethiopia (hereinafter referred to as “Federal Bar”) is hereby established as an independent body.
  • The Federal Bar shall have its own legal personality.
  • The Federal Bar shall be composed of all advocates admitted to it and law firms registered by it.
  • The Federal Bar shall have its head office in Addis Ababa.

Article 71

Relationship with the Government

  • The Federal Bar shall maintain its relationship with the government through the Federal Attorney General.
  • The government shall support the Federal Bar by providing financial and other relevant assistance.[4]

Article 72

Purposes

  • The purposes of the Federal Bar are to:
  1. coordinate its members’ activities;
  2. collect its members’ opinions in order to communicate them to public authorities;
  3. contribute for the development of the advocates’ profession and the legal system in Ethiopia;
  4. ensure that its members always practice law in accordance with this Proclamation and other applicable laws; and
  5. work towards the harmonization of advocates’ practice throughout the country.
  • The Federal Bar shall promote and observe public interests in all its measures and decisions.

Article 73

Structure

The Federal Bar shall contain the following organs:

  1. the General Assembly;
  2. the Council;
  3. other subsidiary bodies as established in this Proclamation and as may be deemed necessary for attaining the objectives of this Proclamation; and
  4. the Secretariat.

Sub-section Two – The Council

Article 74

The Council

The Federal Bar shall have a Council consisting of seven voting members.

Article 75

Term of Office

  • The members of the Council shall hold office for a term of three years and may be re-elected twice.
  • A vacancy in the Council caused due to the death, resignation, disqualification or any other similar reason shall be filled through election.

Article 76

Representation

The Council shall represent the advocates’ profession.

Article 77

Election and Eligibility

  • Without prejudice to Article 78 of this Proclamation, the members of the Council shall be elected by the members of the Federal Bar.
  • A member of the Federal Bar who has not been a member of the Council for more than two terms in a row immediately prior to an election is eligible to be elected for the Council.

Article 78

Right of Attendance 

  • The Federal Attorney General has the right to appoint one person as a non-voting member of the Council.
  • The immediate former President of the Federal Bar shall have the right to attend the Council’s meetings as a non-voting member even if he is not elected to be a member of the Council.
  • The Chief Executive Officer of the Secretariat shall be a non-voting member of the Council.

Article 79

General Obligations of the Council

The Council shall have the obligations to:

  1. manage the Federal Bar; and
  2. discharge the obligations and exercise the rights assigned to it by law in the interest of the public.

Article 80

Specific Obligations of the Council

The Council shall, in particular, have the obligations to:

  1. support members with questions regarding professional conduct;
  2. mediate between members of the Federal Bar in cases of disputes between them, when it is asked to do so;
  3. monitor the professional obligations of the members of the Federal Bar and to take disciplinary actions if necessary;
  4. monitor the fulfillment of the continuing legal education and pro bono publico requirements;
  5. take cognizance of anything affecting the Federal Bar or the professional conduct of its members and to bring before a General Assembly any matter that is material to the Federal Bar or to the regulation of the profession and make any recommendations and take such action as it thinks fit in relation thereto;
  6. elect the officers of the Council;
  7. appoint the President of the Federal Bar;
  8. convene the annual general meeting of the members of the Federal Bar;
  9. convene an extraordinary general meeting if one-tenth of the members of the Federal Bar submit a written request that they wish for an issue to be discussed in such a meeting;
  10. give account to the general assembly once a year;
  11. form one or more committees whose obligation shall be to prepare the positions and decisions for the Council;
  12. organize the practical training, theoretical education and examination of trainee advocates intending to apply for admission to the advocate profession;
  13. appoint officers of committees; and
  14. perform other obligations assigned to the Federal Bar or the Council in other provisions of this Proclamation or any other law.

Article 81

Powers of the Council

The Council shall have the powers to:

  1. assign specific obligations mentioned in Article 79 to individual members of the Council; and
  2. issue reprimands.

Article 82

Officers of the Council

  • There shall be a President, a Vice-President and a Treasurer of the Council.
  • The President of the Federal Bar or, in his absence, the Vice-President shall be the chairperson of the Council and shall preside at all meetings of the Council and the Federal Bar.
  • The Treasurer shall be responsible for the overall management of the financial resources and assets of the Federal Bar and for submitting annual, as may be necessary, quarterly financial reports of the Federal Bar to the General Assembly.

Article 83

Bylaws

The bylaws of the Federal Bar shall regulate further details of the procedure under which a Council meeting shall take place and decisions are made.

Article 84

 Reprimands

  • The Council may reprimand an advocate for violation of professional rules that constitutes a “Lesser Misconduct”’ as defined in Article 108 of this Proclamation.
  • The Council shall not issue a reprimand if disciplinary or criminal proceedings against the advocate have commenced, or if more than two years have passed since the violation. A reprimand may not be issued while such proceedings are pending.
  • An advocate may file objection against a notice of reprimand to the Council within one month after having been served a note of reprimand.
  • The Disciplinary Tribunal shall be informed about the reprimand.

Article 85      

Appeal

If an objection against the notice of reprimand is dismissed, the advocate may appeal to the Disciplinary Tribunal.

Article 86

Due Process of Law

The by-laws of the Council shall provide procedural rules to guarantee due process of law.

Article 87

Committees of the Council

  • The number and term of office of the members of a committee of the Council shall be fixed by the Council.
  • Necessary committees shall be maintained as standing committees of the Council.
  • Necessary committees are:
    1. the Training Committee;
    2. the Admission Committee;
    3. the Disciplinary Committee; and
    4. the Interest on Advocates’ Trust Accounts Committee.
  • A committee of the Council may include persons who are not members of the Council.
  • The committees provided in Sub-article (3) (a), (b) and (d) of this Article shall have one third of their members appointed by the Federal Attorney General as special representatives of the public interest.

Article 88

Training Committee

The purpose of the Training Committee shall be to prepare measures and decisions of the Council regarding:

  1. registration of trainees;
  2. curricula of instruction courses;
  3. contents of practical training; and
  4. nature and contents of admission examinations.
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