Issuing

Article 1 - Introduction

Practice of Law Profession

Article 1

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.

Lawyers Admission Committee, Competencies thereof,

Article 10

A committee shall be established at the In the Ministry, and such Committee shall be named “Lawyers Admission Committee” shall beconstituted as follows:

The Minister     (Chairman)

Director of Department of Legal Advice and Contracts at the Ministry.     (Vice Chairman)

Director of Department of State Litigation     (Member )

Two judges from the court of appeal to be nominated by the Supreme Judicial Council.     (Two Members)

Attorney general in the public prosecution to be nominated by Public Prosecutor    (Member)

Three lawyers to be elected by the Minister.     (Members)

Term of Committee membership shall be three years subject to renewal for similar term(s). The decree of Council of Ministers shall be issued forming such Committee, and the Committee shall establish an internal regulationto govern the functions thereof.

The Committee shall assumes the powersas provided for under this law, and may be entrusted with other powers pertaining to law profession upon a decision from the Minister.

There shall be established in the Ministry, the following rolls:

1- Roll of practicing lawyers and the following rolls shall be attached thereto:

A- Roll of lawyerin Training;

B- Roll of lawyers admitted before the Court of First Instance;

C- Roll of lawyers admitted before the Court of Appeal;

D- Roll of lawyers admitted before the Court of Cassation;

2- Law firms Registration Roll;

3- International law offices Registration Roll; and

4- Non-practicing lawyers Registration Roll

The decision of Minister shall be issued on the forms of Rolls set forth under this Article.

Other qualitative Rolls may be established under a decision from the Minister and in accordance with the proposal of Committee, whereby the forms thereof are shown and registration conditions and system are determined.

The following conditions shall be stipulated for entering the name of whomever in the Roll of Practicing Lawyers:

1-  Shall be of Qatari Citizenship or a citizen of GCC Country on the conditionthat reciprocity is observed and theapproval of the Committeeis maintained.

2-  Shall hold a law degree from a recognized university.

3-  Shall have full civil capacity, and shall at least be at the age of 21 years old.

4-  Shall be respectable, reputable and worthy of respect due for such profession.

5-  Shall not be convicted of a felony or crime involving moral turpitude or dishonesty, unless,have been rehabilitated.

6- Shall have completed the term of training as specified under the provisions of this law.

Qatari faculty members who obtained the doctorate degree and teach law in a recognized university may be enrolledin the Roll of Practicing lawyers.

Whosoever enrolled in the roll of lawyers admitted before the Court of First Instance shall have successfully completed the term of training provided for under Article (20) hereof.

The registration application shall be submitted to the Committee along with the documents required, and so is a certificate from the Center for Judicial and Legal Studies indicating that the Lawyer has successfully completed the term of training as herein stipulated, a certificate from the lawyer’s office regarding the completion of training and statement regarding the cases handled by the Lawyer in Training.

The Committee may request, from the lawyer who has supervised the Training at his office, a report regarding the opinion of such Lawyers on the efficiency of the lawyer under training, and the professional conduct , the actions undertaken by the Lawyer under training and the recommendations in that regard.

The Committee shall issue its decision on admitting or rejecting such application, or extending the term of training for a further term and shall clarify the reasons for such decisions, and in consequence of which the applicant shall be notified by a registered letter. Whosoever his application is rejected or whose training term is extended may file grievance against such decision and may contest the decision issued on refusal of such grievance in accordance with Article (29) hereof.

The lawyer, enrolledin the Roll of Lawyers admitted to plead before the Court of First Instance, may open an office under his name, and shall have the right to attend and plead before this Court.

In order for a lawyer to be enrolled in the Roll of Lawyers admitted to plead before the Court of Appeal, he shall have been engaged in law practice for at least five years as from the date of his enrollment in the Roll of Lawyers admitted to plead before the Court of First Instance.

Whosoever is engaged in acts and practices similar to those of law practice for at least seven years shall be registered under the Roll referred hereinto under Preceding Paragraph.

The decision of Minister shall be issued to determine such similar acts in accordance with the Proposalof the Committee.

The lawyer enrolled in the roll of lawyers admitted to plead before the Court of Appeal shall have the right to attend and plead before all courts except the Court of Cassation.

In order for an applicant to be enrolled inRoll of lawyers admitted to plead before the Court of Cassation, he shall be of the following categories:

1-  Lawyers admitted before the Court of Appeal and have spent a period of ten years in law practice;

2-  Qatari faculty members who obtained a doctorate degree and have taught law in a recognized university for ten years; and

3-  Those who work in the judiciary, public prosecution or any other legal work at any ministry, government agencies, public bodies or institutions for ten years.

The lawyer shall practice law solely or jointly with other lawyers or in the form of Civil Law firm.

The decision of Minster shall be issued on the articles of association governing such law firms.

The law firm shall be enrolled in the Law Firm Roll. Such enrollment shall include the main data contained under the articles of association thereof, and every lawyer at this law firm shall be registered under the Roll of practicing lawyers.

The lawyer shall not practice law unless after taking the oath under the following from: “I swear by Almighty God that I shall perform my work in good faith and honor and that I shall preserve the confidence of legal profession, observing its traditions and ethics  and that I shall respect the laws of the Countries”.

The performance of oath shall be recorded in the minutes of Committee’s meetings.

It is not allowed to practice the legal profession simultaneously with the exercise of any of the following functions:

1-Assuming a ministerial position or presidency of any parliaments or municipal councils.

2- Engaging in trade.

3-Working at any ministry, government agencies, public bodies or institutions, associations, companies or banks, or working for individuals.

In no event shall the Lawyer be deemed to have engaged in another work simultaneous with the practice of legal profession, if such lawyer is working at another lawyer’s office.

4-Engaging in any work incompatible with the lawyer’s dignity or inconsistent with the requirements of the profession.

The Qatari faculty members who obtained a doctorate degree and teach law in a recognized university shall be exempted from the provisions of prohibition against holding simultaneous positions.

Lawyers Under Training

Article 20

The applicant who request to be enrolled in the roll of practicing lawyers shall firstly register his name in the roll of lawyer trainees in the case where the conditions of registration in any other rolls attached thereto are not fulfilled, shall successfully complete the term of six month training at the Center for Judicial and Legal Studies, in addition to eighteen months at a practicing lawyer’s office who has engaged in law practice for at least five years, or has worked at the judiciary, public prosecution or any other legal work at any Ministry, government agency, public entity or institution.

The lawyer trainee may, within the period of enrollment at the Center for Judicial and Legal Studies, receive a monthly reward, the value and entitlement conditions of such reward shall be determined by a decree of the Council of Ministers, and shall be paid by the Center.

The Qatari faculty members who obtained a doctorate degree and teach law at a recognized university or those who worked in the judiciary, public prosecution or any other legal work in any of the ministries, government agencies, public bodies or institutions, shall be exempted from the term of training.

The term of training shall be reduced insomuch as the term of engagement in any of such work referred hereinto.  

The Committee shall issue a decision on the exemption and reduction of training term.

The practicing lawyers set forth under Article (20) hereof shall accept the lawyer trainees who applied for training at their offices, and such lawyers shall supervise this training and provide trainees with sufficient experience.

If the lawyer trainee failed to find a lawyer to train at his office, the Committee shall issue a decision enrolling him at an office of one of the lawyers referred hereinto under Preceding Paragraph. Such lawyer may not, without an excuse accepted by the Committee, refuse the enrollment of such lawyer trainee at his office.

The lawyer trainee may not in his name plead, but rather on behalf of the lawyer who supervises his training, and may not sign the statements of claim, submissions and papers submitted to the courts.

The lawyer trainee may not plead before the Court of First Instance except after a year as from the date of his registration.

The lawyer trainee may on behalf of such lawyer appear before the authorities provided for under Article (3) hereof.

The lawyer trainee may not open an office in his name during the term of training. In case where he is acting in violation thereof, the Committee shall issue an order to close this office, without prejudice to the prosecution of such offending lawyer criminally or disciplinarily.

The lawyer trainee may make a grievance against such closing Orderto the Committee, in accordance with the provisions of Article (29) hereof.

Procedures of Registration in Lawyers’ Roll

Article 25

The applications for enrollment in theRolls set forth by virtue of Article (12) hereof shall be submitted to the chairman of Committee, and shall be enclosed with the supporting documents in accordance with the provisions hereof and decisions implementing this law.

Such applications shall be registered as per the order of submittal to the Committee, and in a particular record designated for such purpose.

The lawyers shall submit their applications of enrollment renewal under their respective Rolls prior to the 1st of January of each year, and the non-practicing lawyers shall be excluded there from.

The annual enrollment fees in such rolls and the enrollment renewal fees shall be determined by the decision of Minister and upon the Proposal of Committee.

In the event where the lawyer does not pay the fees of enrollment renewal on due time in accordance with Preceding Article, the

Committee shall after notifying such lawyer by a registered letter transfer his name to the Roll of non-practicing lawyers. Consequently, the enrollment of lawyer in the roll of practicing lawyers may not be restored except if he pays the fees of enrollment renewal, in addition to the fees of delayed renewal thereof.

No fees may be charged for transferring the name to the roll of non-practicing lawyers. 

Should the lawyer refrain from or cease practicing the profession, or should any impediment hinders his practice thereof for any reason whatsoever, such Lawyer may then request that the committee to transfer his name to the non-practicing lawyers' Roll.

Further, the lawyer registered on the non-practicing lawyers' Roll may request the committee to reinstate his name in the practicing lawyers' Roll should he desire to go back to practice law or where the impediment hindering his practice cease to exist.

The Committee shall convene at the call of its Chairman to consider the applications to be submitted thereto by order of their submission. The Committee may also request that the concerned parties submit any additional clarifications, documents or information if deemed necessary. It may also invite the concerned person for discussion.  The committee shall issue its resolution to register the name of the person meeting the required conditions, to transfer his name from a particular Roll to another Roll, or to reject the application and state the reasons underlying such rejection within thirty days as from the application submission date. The applicant shall be informed of the committee's decision by a registered letter with acknowledgement of receipt. Any applicant, whose application is rejected, shall be entitled to file grievance with the committee within thirty days as from the date whereon the rejection notice is received, while the committee shall decide upon such grievance after hearing applicant’s arguments within thirty days from the date whereon the grievance is filed.

Moreover, the committee's resolution may be challenged before the court of appeal within sixty days as from the date whereon the rejection notice is served upon the complainant or after elapse of the period prescribed for deciding upon the grievance without being settled. Enrollment in the roll shall not be effective unless the prescribed fee is paid. The applicant shall receive a formal certificate signed by the committee's chairman containing the enrollment particulars.

Except for enrollmentin the roll of lawyer trainees, the certificate on enrollment in the roll of practicing lawyers shall be deemed a professional license.

The applicant whose application is rejected may not submit a new application before the elapse of six months as from the date whereon the committee had issued its resolution.

Lawyers’ Rights

Article 31

The entities before which the lawyer is practicing law shall be required to provide him with the facilities as good performance of his duty requires, and shall permit such Lawyer to attend the investigation and review the documents of cases unless the investigation's interest requires otherwise, and this must be recorded in writing in the case file. Once the investigation comes to an end, the lawyer shall be entitled to obtain a copy of the case file.

The lawyer may, if acting as an attorney in the action, authorize another lawyer to assume lawyer’s own responsibilityand to act on his behalf and appear before the court and file pleadings or take the other litigation proceedings without a special power-of-attorney, unless the power-of-attorney issued for such Lawyer in the action provides otherwise. Likewise, should the lawyer be a party of interest in the action, he shall be entitled to authorize another lawyer to act as stated above without having special power-of-attorney.

It shall not be permitted to place the office of a lawyer nor the content thereof, that are necessary for the practice of Lawyer’s profession, under attachment procedure.

Any person, who assaults or otherwise insults the lawyer, whether verbally, by sign or threat, while performing his professional duties or as a result thereof, shall be penalized by the penalty prescribed for committing the same crime against any of the members of the court.

Except for the cases of flagrante delicto, the lawyer may not be arrested, put on provisional detention, be interrogated and his office be inspected for matters pertaining to performance of his profession, save where the director of prosecution is informed and by virtue of an order to be issued by the competent judge.

The lawyer shall be entitled to receive fees for the duties performed by him within the area of his profession. Such Lawyer shall further be entitled to be reimbursed for all the expenses incurred while undertaking the legal proceedings or the works assigned to him. Should the matter, which is the subject of agreement, give rise to other subsidiary matters not agreed upon, the lawyer shall be entitled to claim fees for such matters. Where the lawyer concludes a case by conciliation or arbitration, as authorized by his client, in such case Lawyer shall be entitled to receive the agreed-upon fees provided there is no agreement to the contrary.

The lawyer's fees shall be determined according to the agreement made with the client. However, entitlement of the fees shall not be conditional upon winning the action, nor may the amount of such fees be subject to the amount of Claim or subject to the amount awarded.

Unless otherwise agreed between the parties, the lawyer-client relationship shall not terminate, and the lawyer shall not be entitled to receive his fees in full, save from the date of executing the judgment passed in the action for which he is commissioned or from the date of executing the order to be performed by the Lawyer.

The lawyer shall be entitled to receive his fees in full if dismissed by the client or his heirs without cause before ending the assignment delegated to him; but should there be an acceptable justification for such dismissal; the lawyer shall be entitled to receive fees for the efforts he has expended and the outcome achieved, which fees shall be determined in accordance with the agreement made between both parties, if any.

Should the lawyer's fees be not determined by a written agreement, or should the agreement be rendered null and void, both the lawyer and his client shall then be entitled to determine the amount of such fees, by instituting an action by ordinary means before the competent court. Upon deciding the due fees, the court shall take into consideration the case's importance, the efforts made by the lawyer and the outcome attained.

Where there is a written agreement on the due fees, the lawyer shall then be entitled to retain the original papers and documents belonging to his client or retain the amounts collected on behalf of his client and to client's benefit as equal to the amount of fees claimed by him which remains unpaid by the client as per the agreement.

Where there is no written agreement on the fees, the lawyer shall be entitled to obtain photocopies of the original papers and documents as deemed appropriate to be relied upon in the claim of fees at the client's expense, and shall be bound to return such documents once the Lawyer have received from client the expenses for their issuance.

The fees of the Lawyer shall have priority with regard to the funds awarded to his client as a result of the work of the Lawyer or as a result of the judgment in the case which is the subject matter of the power-of-attorney.

The lawyer's right to claim his fees from the client or from Client’s heirs shall be abated; where there is no written agreement made with regard thereto, after the expiry of five calendar years as from the date whereon the power-of-attorney expires or the client dies, as the case may be, and this period shall be interrupted by claiming the fees by a registered letter with acknowledgement of receipt.

If the Lawyer dies or sustains full disability hindering him from practicing his professional duties, the committee shall then appoint a lawyer as representative of lawyer’s heirs, or as a representative of the Lawyer who sustained full disability, to wind up the lawyer’s office works and report to the committee.

Lawyers’ Duties

Article 45

The lawyer shall be required to take an appropriate office for the practice of the legal profession, and to inform the Committee of the address of his office and any changes which occur thereto. The lawyer's office shall be deemed as an elected domicile for serving the legal and judicial notifications of his clients, according to the Law.

It shall not be  permitted for a Lawyer to hire at his office any person to practice law other than those enrolled in the practicing lawyers' Roll, and shall not be permitted to hire at his office any Lawyer whose name was struck off the Roll or suspended from practicing law pursuant to the provisions hereof. Subject to the provisions of the foregoing paragraph, the lawyer may hire in his office persons with legal expertise and non-Qatari lawyers who are admitted to practice law in their respective countries.

Upon practicing his profession, the lawyer shall not advertise himself in any means of advertisement, or use propagandistic method, nor to encourage by use of brokers,those shall not include:

1.  Placing a sign on his office bearing his name and legal qualifications;

2.  Placing a sign at the building of his former office to instruct the location of his new office.

In no event shall any person who had held any ministerial position, public or private position, terminated his service thereof, and engaged thereafter in practicing law, to accept a commission, personally or through a lawyer who acts on his behalf, or undertake any legal proceeding in any action against the entity for which he had previously worked and that within the five years following the date of terminating his relationship with such entity. Likewise, neither the judge nor the prosecution's member, who began to practice law, may argue a case in a court by himself or by another lawyer in any action previously brought before him while performing his duties or any other action related thereto.

The lawyer shall refrain from acting as an attorney or providing any assistance, even by expressing opinion, to the opponent of  the person whom he represents, in the dispute in which he is commissioned or in any other disputethroughout the period of the dispute been heard. At all times, the lawyer shall not represent conflicting interests. This prohibition shall apply to any person of whatever capacity working for the lawyer at the same office.

The lawyer shall abide by the rules ethics, honor, honesty and integrity in his professional and personal conduct, and shall perform all the duties imposed upon him by statute, law practice's code of ethics and traditions.

The lawyer shall be responsible vis-à-vis his client for performing the duties entrusted upon him pursuant to the provisions of the law and power of attorney's conditions. To this end, he shall keep confidential all the information disclosed to him by his client and papers and documents received, and shall pay the client all amounts received on his behalf.

It shall not be permitted for alawyer to purchase all or part of the rights which are in dispute, nor to agree to take a part thereof in respect of his fees. And, Lawyer shall not enter into any agreement on the fees, which renders him interested in the action or interested in the work commissioned to undertake.

A lawyer shall not be permitted to appearing before the courts unless he wears the Robe appropriate to the Legal Profession, specifications of which shall be determined by the Committee.

The lawyer shall represent his client by virtue of a power-of-attorney authenticated pursuant to the law, and he shall deposit the power-of-attorney in the case file if belonging thereto, but if the power-of-attorney is of general nature, it shall be sufficient for the court to review and record its number, date and authenticating authority in the hearing's transcript and enclose a photocopy thereof in the case file.

If the client appears in a court accompanied by the lawyer, the court shall record  such appearance in the hearing's transcript, such appearance shall be deemed as authenticated power-of-attorney, and the fees prescribed for authenticating the power-of-attorney shall then be charged.

Should the lawyer commits, during his presence at a session at any court of law to perform a duty or as a result thereof, any breach of order or any other illegal act which renders him subject to disciplinary or criminal censure, the chairman of the session shall order a report be written recording the occurrence of such act, and shall then refer the lawyer to the Department of Legal Advice and Contracts at the Ministry to take the disciplinary measures against him pursuant to the provisions of this law or to the Attorney General to take the criminal actions against such Lawyer if the act committed by him constitutes a crime punishable by law, and the committee must be informed of the outcome of these measures.

Neither the Chairman who was presiding over the court session wherein the act committed by the lawyer had occurred, nor any member of the court's bench may be involved in membership of the board or court that tries the lawyer on a disciplinary or criminal actions, or in the court that hears the challenge filed against the decision of the disciplinary board.

As exception from the provisions of the first paragraph, the court may try the lawyer if he commits the battery misdemeanor referred to in Article (65) of the Civil and Commercial Procedure Code enacted by law No (13) of year 1990.

A lawyer shall not be permitted to give declarations, disclose information or propagate matters on the actions as been undertaken by such Lawyer, if such acts of the Lawyer may affect the course of these actions.

A lawyer shall not be permitted to disclose any facts or information which comes to his knowledge through his profession, even after expiry of his power-of-attorney, unless such disclosure is intended to prevent the commitment of any crime or misdemeanor or report the occurrence thereof. In addition, the lawyer may not give testimony against his client in a dispute for which he was retained or consulted, and such lawyer shall not be obligated to give such a testimony.

The lawyer shall refrain from disclosing the personal matters which insult or offend the opponents, attorneys or witnesses, and shall not slander or vilify their reputation, honor or dignity, unless required for defending the interests of his client.

a lawyer  shall not be permitted to withdraw from a case at inappropriate time, and  shall inform his client of such withdrawal by a registered letter with acknowledgement of receiptwhile keep on undertaking the representationon the proceedings for at least one month , whenever the continuance is necessary for defending the interests of his client.

In which case, the court shall be required to adjourn the action for an adequate period, so as to enable the client to hire another lawyer if client so desires.

Upon expiration of a power of attorney for whatsoever reasons, the lawyer shall return to client the deed of power of attorney and the original documentation unless deposited in the action, and shall also give client photocopies of the petitions and notices received on client’s behalf.

The lawyer shall not be obliged to submit to his client the draft documents written in the case, the documentation pertaining to the work performed by the lawyer, or the letters received by lawyer from the client. The lawyer shall, if client so requests, give his client photocopies of these documents after receiving the expenses for making copies thereof.

The client's right to request the lawyer to return the papers and documentation given to him shall abate following the expiry of a period of five years from the date whereon the power of attorney expires, while such a period shall be interrupted by requesting such documents through a registered letter with acknowledgement of receipt.

Legal Aid

Article 61

A committee shall be formed by a decision of the chief justice of the first instance court to be known as (Legal Aid Committee), and shall be presided over by any of the court's chief judges and membership of two of its Judges. This committee shall appoint a lawyer to perform and undertake duties of lawyers in the following cases:

1. If either of the litigants is insolvent or unable to pay attorney fees, provided that such insolvent litigant is probable to prevail in the action;

2. If there is a court order to relieve the litigant from all or part of litigation expenses;

3. If a number of lawyers refused to accept the representation in the action;

4. If the lawyer has died or encountering any impediment hindering such lawyer from practicing the profession, and in general, in all cases where it is impossible for the lawyer to practice the profession and proceed with the legal proceedings and actions of his clients.

5. The other cases where the law requires that a lawyer be hired to defend a suspect or minor who has not hired a lawyer. In any of these cases, the appointed lawyer shall take the appropriate course of action to protect the interests of his client. The resolution issued by the Legal Aid Committee shall serve as a power-of-attorney issued by the concerned party and shall be considered free of charge. The conditions and procedures governing the appointment of such lawyers shall be included in a resolution to be issued by the Legal Aid Committee.

It is permitted for the court before which the case are heard and for the public prosecution at the stage of  investigation to appoint a lawyer to provide legal aid  in the cases and in accordance with the provisions set forth in the preceding article.

The appointed lawyer shall undertake the assigned work, and shall not withdraw from a case except for reasons to be accepted by the entity that appointed him. Should the lawyer refuses to provide legal aid without an acceptable reason or commits any default while performing his duties; such Lawyer shall be subjected to disciplinary measures.

The appointed lawyer representing an insolvent party shall defend such party free of charge, while the court shall assess his fees and obligate the losing party to pay such fees. And it shall be permitted for such lawyer to claim such fees from the insolvent litigant if such litigant ceases to be insolvent.

Disciplinary Measures

Article 65

Any lawyer who breaches the duties of his profession or commits any act in violation of its rules, or breaches any provision set forth herein, shall be subject to disciplinary penalties from among the following penalties:

1. Warning;

2. Reprimand;

3. Suspension from practicing law for a period not exceeding one year; and

4. Striking off his name from the lawyers' Roll.

The Department of Legal Advice and Contracts at the Ministry shall investigate lawyers violations committed thereby, upon the request of the Committee, or upon the request of one of the judges as to what the lawyer commits before the court, or upon the request of the concerned parties. The Department of Legal Advice and Contracts shall also file the Disciplinary Claim and represent the disciplinary prosecution before the Council.

The Defendant Lawyer may select a lawyer to attend therewith during the investigation. The completed investigation shall be submitted to the Committee with all of its members to decide thereon,

A disciplinary Board chaired by a judge of the Court of Appeal and consisting of two judges selected by the President of the Court of Cassation, one of the jurists at the Ministry, and a lawyer enrolled in the roll of lawyers admitted by the Court of Cassation, who is not member of the Committee and selected by its chairman, shall be responsible for disciplining lawyers. The Disciplinary Board shall be formed by virtue of a decision to be issued by the Supreme Judiciary Council.

The resignation of a lawyer from the legal profession or suspension from practicing law shall not prevent the disciplinary trial of such Lawyer for violations committed during his practice of the profession. The trial proceedings shall commence within three years of his resignation or suspension.

The Defendant Lawyer shall be notified of appearing before the Disciplinary Board by virtue of a registered letter with acknowledgment of receipt, at least ten days prior to the scheduled hearing, and the notification letter shall contain the violation committed thereby and summary of the evidencethereof.

The lawyer shall be permitted to appoint a lawyer to act on his behalf in appearing before the Board unless the Board has orders his appearance in person.

The Board may, at its discretion, or upon request of the disciplinary prosecutor, or the Defendant Lawyer, summon the witnesses whose testimony the Board seems to be of benefit. The Board may ‎impose the penalties prescribed in the Penal Code on the witness who refuses to attend despite being notified, or attends but refuses to testify.

Sessions of the Board shall be in cameras, and its decisions shall be issued by the majority votes, after hearing the statements of the disciplinary prosecutor, and the Defendant Lawyer in case of his presence. The decision's reasons shall be read out in full when issuing such decision. The Defendant Lawyer shall be notified of the Board's Decision by a registered letter with acknowledgment of receipt, and the notification shall be replaced by delivering a copy of the Decision thereto.

The Board Decisions may be challenged before the Court of Appeal within thirty days as of the date of Decision issuance from the Department of Legal Advice and Contracts at the Ministry and as of the date of notifying the Lawyer of the Decision or delivering a copy of the Decision thereto for the lawyers.

The appeal shall be filed by a statement of claim to be filed with the court registry. The Statement shall include reasons for appeal and relief sought, and the supporting documents shall be attached thereto. The Statement shall be served upon the challenged Party after scheduling a hearing for the appeal.

The Committee shall be notified of the final disciplinary decisions to be implemented, included in the register designated for this purpose, and annotated hereunder in the Roll of the lawyers.

In case of issuing a final disciplinary decision striking the lawyer off the Roll or suspending same from practicing the law profession, all the courts, public prosecution, Committee, and other concerned authorities shall be notified of the decision.

A lawyer, against whom a disciplinary decision of suspension from practicing the law profession during a certain period is issued, shall not open a law office during such period, and shall be deprived of all lawyers' rights; however, such Lawyer shall remain subject to the provisions of the present code. If such lawyer has engaged in practicing the profession within the suspension period, he shall be disciplinarily penalized by permanently striking- off the Roll of lawyers.

The lawyer, who is struck off the roll, shall not practice any work of the law profession, unless the Committee decides to reinstate such lawyer in the Roll in accordance with the provisions hereof.

The lawyer, against whom a disciplinary decision of striking off the roll of lawyer is issued, may submit an application to the Committee to be reinstated in the Roll of lawyers, after at least three years from the date of issuance of such decision. If the Committee deems that a period has elapsed from the date of issuance of the decision which is sufficient to reform the lawyer, and eliminate the impact of what he has committed, the Committee shall decide to reinstatesuch Lawyer in the Roll.

In case of rejection of the application, the lawyer's reinstatement application may be re-submitted only after at least one year from the date of rejection decision.

The procedures stipulated in this code shall be followed in the reinstatement applications concerning the enrollment conditions and procedures and appeal of decisions related thereto.

Penalties

Article 77

Without prejudice to any other severer penalty provided for in any other law, whoever violates the provisions of Articles (3) and (24) hereof or practices the law profession during the validity period of the disciplinary decision striking him off the roll of lawyers or suspending him from practicing the law profession thereof.