Lawyers Reject Key Provisions in New Advocacy Law Draft

TDT | Manama

The Daily Tribune - www.newsofbahrain.com   

A heated discussion erupted at a recent consultative meeting organised by the Bahrain Bar Society to gather feedback on the draft of the new Law of Advocacy. The meeting, which lasted over three and a half hours, saw lawyers express strong opposition to several key provisions in the draft law received from the Ministry of Justice, Islamic Affairs and Endowments last week.

The President of the Bahrain Bar Society, Salah Al Madfa'a, highlighted the unanimous rejection of Article 41, which allows non-lawyers to establish law firms. This article stipulates that a responsible manager, a registered lawyer, must be appointed, who can also be a partner or director in another law firm.

Al Madfa'a also pointed out the lawyers' opposition to allowing non-Bahraini lawyers to practice in certain cases determined by the Minister of Justice. This provision, according to the lawyers, creates unfair competition with foreign companies that previously only offered consulting services and were not allowed to represent clients in court. He argued that the focus should be on supporting Bahraini lawyers, not foreign ones, and that Bahraini lawyers could seek assistance from foreign lawyers in cases involving foreign languages.

The lawyers also voiced concern that the draft law failed to address the association's demand for mandatory legal representation in commercial and administrative cases. They believe this is essential to protect rights, ensure stability in the judicial system, and safeguard the interests of lawyers. Moreover, he emphasised that comparative laws do not allow parties to directly file lawsuits, and commercial companies should be represented by legal counsel instead of directly pursuing their rights.

While the lawyers unanimously rejected Article 41, which permits non-lawyers to establish law firms, a majority also expressed reservations about Article 24. This article allows non-Bahraini lawyers to practice law in partnership with a Bahraini lawyer licensed before the Court of Appeals and the Constitutional Court.

However, the attendees did express support for certain positive aspects of the law, including the provision allowing lawyers to deduct fees directly from recovered amounts with client consent. They also welcomed the criminalisation of assault against lawyers during their work, the introduction of a code of conduct stressing professional and personal ethics, the allowance for fee agreements based on a percentage of the awarded amount, and the criminalisation of impersonating a lawyer.