24 September 2023
09 Rabee' Al-Awwal 1445
عربي
Under the provisions of this Code, the following terms shall have the meanings assigned thereto respectively, unless otherwise required by the context: “Profession” refers to the practice of law. “Minister” refers to the Minister of Justice. “Ministry” refers to the Ministry of Justice. “Courts” refers to Courts with all different tiers and jurisdictions. “Committee” refers to Lawyers Admission Committee. “Board” refers to Lawyer Disciplinary Board.
The Legal Profession is a free profession aims to achieve justice, contributes with the judiciary to establishing its rules, and assists litigants to defend their rights and freedom. Lawyers shall, in pursuing their profession, enjoy the rights and assurancesspecified by this Law, and shall beobliged by virtue of the provisions of this Law to comply with dutiesset forth hereunder.
No person other than lawyers shall pursue the practice of law profession, and the following are some form of practicing law: Represent the concerned persons before courts, public prosecution, arbitration tribunals, judicial administrative authorities and those of criminal and administrative investigation, and defend the concerned persons in lawsuits instituted by or against such persons, and perform pleadings and undertake judicial proceedings related thereto. Give legal opinion and advice. Draft the contracts, and take necessary procedures for registration or authentication thereof.
As an exception from provisions of the foregoing article: 1- Department of State Litigation at the Ministry of Justice shall represent all other Government Ministries and Governmental entities inall actions and procedures provided for under Section (1) of the preceding article. The Department of State Litigation shall submit motions, statements of claim and appeals, and shall further perform the defense and, in general, take all measures and procedures necessary for performing such actions. Other Government Ministries and Governmental entities may seek the assistance of a lawyer or law firm when so required by the nature of lawsuit. 2- Department of State Litigation at the Ministry of Justice shall represent the Public entities and authoritiesin undertaking actions as provided for under Section (1) of the preceding article. Public Bodies and Institutions may authorize a lawyer or law firm to represent and appear on their behalf on condition that same shall notify Department of State Litigation of such representation. The employees working within Public Bodies and Institutions and private companies and establishments may, in accordance with the guidelines issued in the decision of Minister and as per the proposal of Committee, undertake the actions provided for under Sections (2) and (3) of the preceding article. The following conditions shall be stipulated for the employee, who may undertake such actionsas set forth under Preceding Paragraph: 1- Such employee must hold a law degree from a recognized university. 2- Shall enjoy full civil capacity. 3- Shall be respectable, reputable and not convicted of a felony or crime involving moral turpitude or dishonesty, unless he has been rehabilitated. 4- Shall be engaged in the practice of law profession for at least five years as from graduation. 5- Shall have a power of attorney notarized by virtue of the Law, and duly issued by the legal representative of the concerned entity.
By way of exception from the provisions of Articles (3) and (4) of this Code, the employees of Qatar Petroleum Company shall undertake the powers pertaining to the acts of profession set forth under Article (3) of this Code, on behalf of the institution, or companies on which Qatar Petroleum Company contributes to the capital thereof or solely incorporated thereby or in conjunction with Third Parties. Consequently, the decision of Committee shall be issued permitting such employees to undertake such actions after ensuring that the requirements set forth under Article (4) of this Code are fulfilled.
The concerned natural persons may authorize, for the purposes of appearance and defense on their behalf before the entities set forth under Article (3) of this Code, their spouses, relatives, in-laws up to the fourth degree, and this provision shall not be applicable before the court of cassation. The statements of appeals shall be filed against the judgment passed by the court of first instance or the court of appeal signed by a lawyer admitted to plead before the court to which the appeal is submitted.
By virtue of the decision of Minister, the license for international law firms with specialized experiences may be granted licenses to practice Law as determined under such license which shall be for a period of five years, subject to renewal. Such law firms shall be recorded in the roll of international law firms’ registration, while the lawyers working thereof shall be recorded in the practicing lawyers’ roll in accordance with the terms and conditions provided for under this Code. The provisions of this Code shall be applicable thereto except the provisions of articles (1) and (6) of Article (13) and Chapter Three hereof. Resolution of the Council of Ministers shall be issued stipulating the guidelines and conditions of granting the license for such law firms and the obligations thereof.
Non-Qatari lawyer, who is duly licensed and admitted to practice law in his Country, may request permit to plead before Qatari courts in a particular case, even if not registered. Qatari law firms may request the permit to hire non-Qatari lawyers in order to plead before the court of cassation. The permit shall be issued by the Minister upon the proposal of Committee, on condition that a practicing lawyer shall join the non-Qatari lawyer. The procedures of application submission and the recordation in the registry designated for this purpose shall be determined by a decision from Minister.
Non-Qatari lawyers, who work at Qatari law firms, shall in the name of their respective firm appear before the entities provided for under Article (3) of this Code, on condition that they are duly admitted to practice law in their respective countries, and must have been working in Qatari law firm for at least three years.