New Law to Replace Bahrain’s Legal Profession Code

TDT | Manama

Email: mail@newsofbahrain.com

Lawyers in Bahrain will be required to re-register under a new licensing regime within six months, under a draft law that repeals the 1980 statute and sets stricter conditions on who may practise, how, and under what terms.

The proposed Law on the Legal Profession, attached to Decree No. (16) of 2025, has been fast-tracked to Parliament and is now before the Legislative and Legal Affairs Committee. It replaces the existing framework for registration, training, conduct and discipline, and introduces a structured legal roll outlining who is allowed to practise and in what capacity.

Three registers will be maintained by the Ministry: one for practising lawyers, one for trainees, and one for those no longer active. Practising lawyers will be grouped according to the courts before which they may appear, whether the lower and higher courts, the High Court of Appeal, or the Court of Cassation and the Constitutional Court. The Minister may also create additional specialist rolls, for example by language or legal field, and determine the requirements for entry and removal.

Only Bahraini nationals of full legal capacity will be eligible. Applicants must hold a recognised law or Sharia and law degree, have a clean record in relation to dishonesty offences or breach of trust, and must not have been dismissed from public service unless three years have passed. They must also hold professional indemnity insurance, with a minimum coverage amount set by the Minister depending on the type of registration.

Those not meeting these criteria must register as trainee lawyers. The training period runs for two years and must be carried out under the supervision of a lawyer authorised to appear before the High Court of Appeal. Upon completion, trainees must pass a formal course and examination. The law, however, makes exceptions for certain experienced lawyers. Former judges, prosecutors, state legal advisers and law lecturers with five years of service may apply directly to the practising roll.

Lawyers and firms currently practising will be given six months to regularise their status once the law is in effect. The Minister may extend that deadline once, for another six months. Annual renewal of registration will be required. Those who fail to renew may be transferred to the non-practising roll. If they remain there for five years or more, they must satisfy all the original entry conditions to return, unless they were employed in an exempted public legal role during that time.

A Registration Committee, chaired by a judge and including another judge and a senior lawyer, will review all applications and transfers between registers. The Minister must issue a decision within a month of the committee’s recommendation. If no reply is given, the request will be treated as declined.

The bill sets out detailed rules on how lawyers must conduct themselves. They are to take an oath before the High Civil Court of Appeal, follow the code of conduct, and appear in court wearing the official attire designated for lawyers, as determined by the Minister in coordination with the Supreme Judicial Council. They must ensure their appearance is appropriate and respectful. They must also maintain a fixed office address within Bahrain and provide the Ministry with details of all partners, staff and contact points.

All client transactions and fees must be processed through a dedicated bank account held in the name of the law office. The Central Bank will oversee the financial procedures under rules to be issued by the Minister.

Trainees may not open offices under their own name. If they do, the Minister must order the closure and publish the decision in the Official Gazette at the trainee’s expense.

Practising lawyers may not combine their work with holding ministerial office, serving as the head of a legislative or municipal council, or occupying public positions. They may also not be employed by public bodies or institutions unless exempted by royal decree based on a Cabinet recommendation. Work in companies, banks or associations, or employment by individuals, is also prohibited unless it falls under a profession licensed by the Ministry and is exempted by ministerial decision.

Lawyers who previously held such public positions are barred for three years from acting in any case or legal matter involving the body where they served. This restriction also applies to former members of legislative and municipal councils, whether they act directly or through lawyers employed by them. Lawyers must not accept or continue to act in any case before a judge or prosecutor to whom they are related by blood or marriage, up to the fourth degree, if they are aware of the relationship.

Fee arrangements must be put in writing. Success fees are allowed but capped at 25 per cent of the amount awarded or settled. If no agreement is in place, or if the lawyer is dismissed before the work is complete, the High Civil Court will assess a fair fee, considering the nature of the matter, the work carried out and the result. Lawyers have a right to claim these sums from any funds recovered on behalf of the client, with priority following state dues.

A Legal Aid Committee will be established by the Minister to assign practising lawyers to represent those unable to afford private counsel. Once approved, the appointment will serve as a power of attorney and will not incur court fees.

The law also introduces a formal disciplinary structure. Lawyers may be issued with a written warning, ordered to retrain, fined up to ten thousand dinars, suspended for up to three years or struck off entirely. Complaints must be submitted in writing with supporting evidence. The lawyer in question will be given thirty days to respond.

A Disciplinary Council, chaired by a judge and including two more judges and two senior lawyers, will hear cases and issue rulings. Hearings will be held in private. Final decisions, apart from warnings and fines, will be published in the Official Gazette.

Suspended lawyers are barred from practising and from exercising any professional rights for the duration of the ban. Any breach of that restriction may lead to permanent removal from the register. Lawyers and the Minister may appeal disciplinary decisions within thirty days to a separate panel also comprising judges and experienced lawyers.

The bill includes strong penalties for those practising without authorisation. Anyone who impersonates a lawyer, or practises while unregistered or suspended, may be jailed for up to a year and fined up to five thousand dinars. The court must order the closure of any premises used in the offence and may order the seizure of equipment or documents, without affecting the rights of innocent third parties.

Companies may also face fines of up to ten thousand dinars if offences are committed in their name, for their benefit or as a result of serious negligence or wilful disregard by staff.

To protect the profession from interference, the law states that lawyers may not be arrested, prosecuted or have their offices searched in relation to legal work except by order of the Public Prosecutor. The lawyers’ association must be notified and may send a representative to attend any interviews or searches.

The Ministry and auditors acting on its behalf will be authorised to inspect law firms and foreign consultancy branches to ensure compliance with laws on anti-money laundering and terrorist financing. Any person affected by a decision issued under the new law will be able to challenge it before the High Civil Court of Appeal within thirty days. Bahrain’s 1972 law on court fees will apply to such matters.

Once published in the Official Gazette, the law will take effect the following day. The Minister will have six months to issue the decisions required to carry it out. Until then, existing regulations will remain in place provided they do not contradict the new rules.

The legislation is expected to bring the profession under tighter regulation covering everything from training and registration to courtroom appearance, fees and conduct.