Decree No. (885) of 1990 on the executive regulation of Law No. (10) of 1990 on the reorganization of the legal profession

 

The General People’s Committee

Decree No. (885) of 1990 AD on the executive regulation of Law No. (10) of 1990 AD on reorganizing the legal profession

 

Upon review of:

● The Judicial System Law No. (51) of 1976 AD;

● Law No. (87) of 1971 AD on the State Lawsuits Authority;

● Law No. (4) of 1981 AD on the Department of People’s Legal Defence; and

● Law No. (10) of 1990 AD Reorganizing the Legal Profession, and

● Based on the submission of the Secretary of the General People’s Committee for Justice in his Memorandum No. (25) of of 1990 AD,

 

The General People’s Committee has decreed the following:

Part I

Chapter 1

Requirements of the Legal Profession

Article (1)

a. The legal profession aims to assist courts in realization of justice, application of law and protection of rights and freedoms;

b. The right of defense is a sacred right guaranteed by law. Each person shall have the right to appoint an attorney to defend him before courts and various authorities; and

c. Under the provisions of these Regulations, the practice of law shall be organized through individual firms or cooperatives.

 

Article (2)

a. The legal profession aims to assist courts in realization of justice, application of law and protection of rights and freedoms;

b. The right of defense is a sacred right guaranteed by law. Each person shall have the right to appoint an attorney to defend him before courts and various authorities; and

c. Under the provisions of these Regulations, the practice of law shall be organized through individual firms or cooperatives.

 

Chapter 2

Registration on the Roll

 

Article (3)

A general roll shall be prepared, on which all advocates shall be registered, including their relevant particulars, according to their date of admission, whether they are practicing the legal profession or not. The following rolls shall be attached to the general roll:

a. A roll of advocates admitted to plead before the Supreme Court;

b. A roll of advocates admitted to plead before the courts of appeal;

c. A roll of advocates admitted to plead before the courts of first instance;

d. A roll of trainee advocates; and

e. A roll of non-working advocates.

The originals of all rolls shall be lodged with the Secretariat of Justice, and photocopies thereof, attested by the Secretariat, shall be lodged with the Bar Association, the branches thereof and all courts. Moreover, photocopies of the general roll shall be lodged with all prosecutions.

 

Article (4)

a. By a decree of the General People’s Committee for Justice, a committee for advocate admission shall be formed on an annual basis. Such committee shall be chaired by a president of a court of appeal with the membership of:

1. A member of the Judicial Inspection Department, at least a counselor;

2. Chief public prosecutor, to be nominated by the General People’s Committee for Justice; and

3. Two advocates admitted to plead before the Supreme Court or courts of appeal, to be nominated by the Secretariat of the Bar Association.

b. The abovementioned Committee shall convene a meeting at the headquarters of any court of appeal, upon an invitation by the Chairman thereof. The Committee meeting shall be valid, if attended by the Chairman and three members thereof. The invitation to the meeting, along with the agenda thereof, shall be sent at least one week ahead of the meeting date. Decisions shall be issued by the majority votes of attending members. In case of a tie, the Chairman shall have a casting vote.

c. The Committee shall have a secretary, to be appointed by the Secretary of the General People’s Committee for Justice, from among the employees of the Secretariat. The Secretary of the Committee shall, under the supervision of the Chairman, undertake the administrative and clerical works, including archiving the originals of rolls, drafting meeting minutes, enforcing decisions, and referring rolls to the entities set out in Article (3).

 

Article (5)

Subject to the provisions of Article (2) hereof:

Registration applications, together with the documents establishing that the requirements set out herein are met, shall be submitted to the Admission Committee. The Admission Committee shall issue its decision within a period not exceeding thirty days, after ensuring that the requirements of registration application are met. The Secretary of the Committee shall notify the entities with which copies of the rolls are lodged in order to enroll the names of applicants therein.

The Secretary of the General People’s Committee for Justice and the Secretariat of the Bar Association may appeal the admission decision in accordance with the procedures stipulated in Law No. 88/71 on the Administrative Judiciary.

 

Article (6)

The Committee’s rejection decision shall be reasoned. The concerned advocate may appeal such decision within fifteen days of receiving the notification thereof by a registered letter with acknowledgment of receipt. The appeal shall be lodged by a report to be submitted to the secretary of the Committee. The Committee shall decide upon the appeal within fifteen days from its date of submission by a reasoned decision.

The concerned advocate may also appeal the rejection decision before the Administrative Circuit of the Court of Appeal within sixty days from receiving the notification of registration or appeal rejection by a registered letter with acknowledgment of receipt.

An advocate whose application has been rejected may reapply for registration after at least two years from the date of the final decision on the first application. If rejected again, the advocate may reapply once again, after three years from the date of the final decision on the second application.

 

Article (7)

a) If an advocate ceases to practice the profession, he shall request the Admission Committee to transfer his name to the roll of non-practicing advocates.

b) The Secretariat of the Bar Association may request the Admission Committee to transfer the name of a lawyer to the non-practicing roll in the following cases:

1. In case he joins a job that may not be practiced with the legal profession; or

2. If he stops practicing the profession.

Such decision shall be served upon to the lawyer, and he may request hearing his statements before the Committee, which may reverse the decision thereof.

c) An advocate’s name shall, upon his request, be transferred to the roll of practicing advocates by a decision of the Admission Committee, if the reason for which his name was transferred to the roll of non-practicing advocates ceases to exist.

The Secretary of the General People’s Committee for Justice, Secretariat of the Bar Association, courts and prosecutions shall be notified of such a decision. The Secretary of the General People’s Committee for Justice and Secretariat of the Bar Association may object to the transfer decision before the said Committee within fifteen days of being notified thereof. They may also appeal the decision issued on the objection in accordance with Article (5) hereof.

 

Article (8)

An advocate whose name is registered for the first time on the roll shall, before one of the circuits of courts of appeal, take the following oath before practicing the legal profession:

“I swear by Allah Almighty to perform my duties with honesty and honor, maintain professional confidentiality and respect the law and traditions of the legal profession.”

 

Article (9)

Subject to Article (13) hereof, an advocate who is admitted for the first time shall be registered in the general role and the role of trainee advocates.

 

Chapter 3

Trainee Advocates

 

Article (10)

a. The following rules shall apply to trainee advocates:

1. The training period shall be at least two years.

2. Throughout the training period, the advocate shall join a firm of an advocate admitted to plead before the Supreme Court or courts of appeal. An exception where necessary, the Secretariat of the Bar Association may permit spending the training period in a firm of an advocate admitted to plead before the courts of first instance. A trainee advocate may not join more than one law firm.

3. If the trainee advocate fails to find a law firm to join, the Secretariat of the Bar Association shall appoint him in a law firm of one of the advocates mentioned in the preceding paragraph, who may not refuse to accept him unless an excuse to the satisfaction of the Bar Association is furnished by the same.

4. During the training period, a trainee advocate may not open a law firm of his own, otherwise, the Bar Association may seek a court order from the summary court, within the jurisdiction of which the law firm is located, to close the same after hearing the advocate’s statements. A trainee advocate may plead in his own name before summary courts under the supervision of the advocate with whom he trains. A trainee advocate may also plead before the courts of first instance in the name of the advocate with whom he trains, under an authorization thereof.

5. A trainee advocate may, in his own name, attend investigations before the Prosecution for contraventions, misdemeanors and, in the name of advocate with whom he trains, felonies.

6. The Secretariat of the Bar Association shall have the competence to settle any dispute between the trainee advocate and the advocate with whom he trains.

7. A trainee advocate shall notify the Admission Committee and the Secretariat of the Bar Association of the address and name of the advocate with whom he trains and of any change in such details. Otherwise, any notice served upon the old address and name shall be deemed legally effective.

b. Pursuant to a decree by the General People’s Committee for Justice and based on a proposal by the Secretariat of the Bar Association, a regulation shall be issued to regulate the relationship between trainee advocates and the advocates with whom they train, including the identification of their remuneration.

c. After completing the training period, the advocate may apply for transferring his name to the roll of advocates admitted to plead before the courts of first instance and open a law firm in his own name.

The transfer application shall be submitted to the Committee referred to in Article (4), which shall execute the transfer after reviewing the reports of the advocate with whom the trainee has trained. If rejected, the applicant advocate shall be subject to the provisions of Article (6) hereof.

 

Chapter 4

Admission to Plead before Courts

 

Article (11)

a) In order for an advocate to be registered before the courts of first instance, he shall have spent, without interruption as of the date of admission, the minimum training period stipulated in Article (10) hereof, and shall establish, based on his actual work as well as the report of the advocate with home he trained, that he is qualified to plead before the courts of first instance.

b) In order for an advocate to be registered before the courts of appeal, he shall have spent four consecutive years in law practice as of the date of admission on the roll of advocates admitted to plead before the courts of first instance, and shall establish, based on his actual work, that he is qualified to be registered before the courts of appeal.

c) Advocates admitted to plead before the courts of first instance may plead before the first instance circuits of the People’s Court, while advocates admitted to plead before the courts of appeal may plead before the appeal circuits of the aforementioned court.

d) Registration on the roll of higher courts shall give the advocate the right to plead before lower courts.

 

Article (12)

a. Subject to the provisions of Article (2) of these Regulations:

In order for an advocate to be registered on the roll of advocates pleading before the Supreme Court, he shall have spent six consecutive years in law practice as of the date of admission on the roll of advocates admitted to plead before the courts of appeal, and shall establish, based on his actual work and legal researches, that he is qualified to plead before the Supreme Court.

b. The application for registration on this roll shall be submitted to an admission committee to be formed on annual basis of:

1. Two counselors of the Supreme Court annually nominated by the general assembly thereof, and the more senior of whom shall chair the committee;

2. A chief prosecutor in the Cassation Prosecution; and

3. The President of the Bar Association and an advocate admitted to plead before the Supreme Court to be nominated by the Secretariat of the Bar Association.

The committee shall convene its meetings upon an invitation by the Chairman thereof at the headquarters of the Supreme Court. Such meetings shall be valid, if attended by all members, The Committee’s decisions shall be issued by the majority votes and reasoned in all cases.

The Committee shall have a Secretary to be nominated by the President of the Supreme Court from among the employees thereof.

c. The Secretary of the General People’s Committee for Justice and the Secretariat of the Bar Association may appeal the admission decision, within thirty days from the date on which they receive a notification thereof, before the General Assembly of the Supreme Court.

d. Once the admission decision is issued, the Secretary of the Admission Committee shall register the advocate’s name on the roll and give a notice to that effect to the entities that have a copy of such roll to register the name accordingly.

e. If the application is rejected, the applicant may appeal such a decision before the General Assembly of the Supreme Court within thirty days of receiving the notification of the rejection by a registered letter with acknowledgement of receipt. The decision of the General Assembly of the Supreme Court shall be final and unappealable.

f. An advocate whose application has been rejected may reapply for registration after at least two years from the date of the final decision on the first application. If rejected once again, the advocate may reapply once again, after three years from the date of the final decision on the second application.

g. An admitted advocate shall take the oath set out in Article (8) hereof before a circuit of the Supreme Court.

 

Article (13)

Subject to the provisions of Article (2) hereof:

The period of training and law practice before the courts of first instance or appeal shall include the periods spent by the applicant in judiciary or prosecution, law practice in the State Lawsuits Authority or the Department of People’s Legal Defence, private advocacy, legal work in the General Directorate for Law, teaching law or Sharia in the faculties of law and Sharia or higher institutes, or similar activities according to Article (45) of the Judicial System Law.

 

Part II

Rights and Duties of Advocates

Chapter 1

Rights of Advocates

 

Article (14)

Advocates shall have the right to appear on behalf of or with clients before courts, prosecutions, judicial commissions, judicial departments and all other judicial entities concerned with collecting evidence or conducting criminal / administrative investigations. They shall also have the right to provide legal advice to all entities and individuals.

The entities mentioned in the preceding paragraph, before which the advocate may appear, shall facilitate the advocate’s performance of his duties, and shall not reject his requests without a legal reason. Such entities shall also enable the advocate to review papers and attend interrogations with his client in accordance with the law.

 

Article (15)

An advocate may withhold papers or funds from the client in an amount equivalent to his due fees, if unpaid. The advocate may produce copies of all the documents and papers required to substantiate his claim and maintain the originals until the client pays the expenses of producing such copies. The Bar Association shall then ratify the copies of original documents and papers that have no originals in court records.

 

Article (16)

Save for the cases of flagrante delicto, the investigation authority shall notify the Secretariat of the Bar Association before initiating an investigation with an advocate. In case of flagrante delicto, the Secretariat of the Bar Association shall be notified within twenty-four hours from the arrest of the accused. If the offence is related to his work, the President of the Bar Association or his representative may attend the investigation.

 

Article (17)

a. An advocate shall not be held accountable for pleading during a court session, as required by the right of defense.

b. Any offense committed against an advocate during, or because of, law practice shall be treated as if it is committed against the judicial personnel and penalized with the same penalties prescribed for such offense.

 

Article (18)

An advocate’s law firm may not be seized or vacated except by a final court ruling. An attachment may not be levied on neither the law firm nor the movables thereof required for law practice.

 

Chapter 2

Fees of Advocates

 

Article (19)

An advocate shall be entitled to fees for the work performed within the scope of his profession. Such fees shall be based on the exerted effort; the nature, significance and duration of the case; the court before which the case is filed; and the importance of the service provided by the advocate, provided that a decision of the General People’s Committee for Justice is issued to set the maximum limit of such fees based on a proposal by the Secretariat of the Bar Association. However, the advocate may, in addition to his fees, claim the expenses incurred by the same to initiate the case and perform his work.

In all cases, an advocate shall give the client a receipt of any amount received by the same in the form prescribed by the Bar secretariat.

 

Article (20)

a. The Secretariat of the Bar Association shall settle any dispute related to the advocate’s fees. Upon a request by the concerned parties, the fees claimed by an advocate may be reduced, if it is found that he has overestimated the same.

b. The Secretariat of the Bar Association shall settle such dispute, in light of the principles and standards set out herein, and issue a reasoned decision thereon within thirty days from filing the same.

 

Article (21)

The advocate shall be entitled to the agreed-upon fees, if the case is settled by way of a reconciliation or court ruling, unless otherwise agreed upon.

This Article shall apply in the event that a reconciliation is achieved by and between the client and his opponent without the advocate’s knowledge and consent.

 

Article (22)

A client may dismiss his advocate. In such a case the client shall pay the agreed-upon fees in full, if dismissal is not for a reasonable ground.

 

Chapter 3

Duties of Advocates and Jobs Prohibited Thereon

 

Article (23)

An advocate is prohibited from engaging in any of the following activities while practicing the legal profession:

1. Being a member of the Secretariat of the General People’s Congress;

2. Being a member of the Secretariat of the General People’s Committee and Specific General People’s Committees, and the secretariats of the people’s committees of municipalities and specific general people’s committees of municipalities;

3. Being a member of the secretariat of the people’s congress of a municipality;

4. Being an employ in administrative units, public authorities or organizations, companies or with individuals;

5. Being a member of the Secretariat of People’s Committees, the committees or boards of directors of public companies and establishments.

6. Conducting business, agriculture or industry work in a professional manner; or

7. Performing any other work that is inconsistent with the dignity of law profession.

 

Article (24)

An advocate shall act and appear in a manner that demonstrates full respect of the court and refrain from any act that would be viewed as a form of disrespect or contempt of the court. An advocate shall appear before the court with the lawyer’s gown as specified by a decision of the Bar Association.

 

Article (25)

In his professional and personal conduct, an advocate shall adhere to the principles of honor and integrity and lawyer’s ethics, and refrain from any act that would deflect the course of justice.

 

Article (26)

a. An advocate shall solely assume the burdens of his profession without engaging non-advocates in studying cases, expressing legal opinion or drafting memoranda. An advocate shall defend the interests of his client with due diligence and specify an elected domicile for upon which notices shall be served.

b. An advocate may neither establish a branch of his law firm nor use publicity, enticement or mediators to practice law. An advocate may not allocate a share of his fees to a non-advocate.

 

Article (27)

A person who ceased to be an advocate may not accept to represent a client by himself or through an associate advocate in his law firm in a case that was offered to him before quitting law practice.

Moreover, an advocate, who was holding a public office before practicing the legal profession, may not accept to represent a client by himself or through an associate advocate in his law firm against the entity he used to work for in a case related to the particular position he held therein.

 

Article (28)

a. An advocate shall be prohibited from providing legal assistance or advice, in the same case or any related dispute, to his client’s opponent, or representing conflicting interests. Such prohibition shall also apply to any associate advocate in the same law firm.

b. No advocate knows an incident or information, by virtue of his work, may disclose such incident or information, even after the end of his power of attorney, unless such disclosure is made to prevent the commission of a crime.

No advocate may be requested to give testimony in a dispute, in which he represented a client or gave the same advice, unless he is so authorized in writing by the client.

c. No advocate may claim or accept fees exceeding the maximum limits prescribed herein.

 

Article (29)

A permission shall be sought from the Bar Association before a legal action in a dispute related to law practice is initiated by an advocate against another advocate. Such permission must be given within thirty days from the request thereof.

However, the lapse of the aforementioned period without a response to such a request shall be considered a permission to initiate the action.

 

Article (30)

An advocate may terminate his power of attorney only by a notice to that effect to the client via a registered letter. Such advocate shall keep working on the lawsuit for at least one month from the date of such notification, unless the client appoints another advocate before the expiry of such period.

 

Article (31)

If an advocate is appointed as an attorney by a foreign government or international or regional organization, he shall give a notice to that effect to the Secretary of the General People’s Committee for Justice and the Secretariat of the Bar Association within a week from accepting such appointment.

 

Article (32)

No advocate(s) may, in any way whatsoever, contact any national or foreign entity(ies), whether directly or indirectly, regarding the profession other than through the Bar Association. If an advocate violates such a condition, he shall be subject to disciplinary action.

 

Article (33)

Before accepting any appointment as an attorney, an advocate shall inquire whether the person who wants to appoint him has previously appointed another advocate, who is still pleading the case. If this is the case, the advocate shall give his colleague a written notice to that effect. Moreover, if an advocate joins another advocate to plead the same case, he shall give his colleague a notice to that effect.

 

Article (34)

In case an advocate dies or is disbarred, suspended, held under attachment or becomes unable to represent his client, the Secretariat of the Bar Association shall appoint an advocate to temporarily replace him until his client appoints another advocate. In this regard, the decision of the Secretariat of the Bar Association shall serve as a power of attorney from the client.

 

Article (35)

Subject to Articles 460 and 461 of the Civil Code, no advocate may, under pain of nullity, in any way enter into an agreement with his client with regard to a litigious right, either in his own name or in the name of an intermediary, when he, or the law firm in which he is an associate, has undertaken to defend his right.

 

Part III

Fees and Subscriptions

 

Article (36)

Before registration, an advocate shall pay to the Bar Association the fees prescribed for the roll on which he wishes to be registered, along with the fees of registration on previous rolls, if not already paid.

 

Article (37)

a. The registration fees shall be as follows:

(LYD 20) twenty dinars for registration in the general roll and the roll of trainee advocates.

(LYD 40) forty dinars for registration on the roll of advocates pleading before the courts of first instance.

(LYD 60) sixty dinars for registration on the roll of advocates pleading before the courts of appeal.

(LYD 90) ninety dinars for registration on the roll of advocates pleading before the Supreme Court.

 

Part IV

Discipline

 

Article (38)

An advocate shall be disbarred and prohibited from practicing the legal profession by a disciplinary decision, if he is convicted of a felony or a misdemeanor against honor or a breach of trust. Such an advocate may not be re-registered except after exoneration.

 

Article (39)

If an advocate breaches his duties or professional ethics, or acts in a manner that misrepresents the legal profession, he shall be subject to one of the following disciplinary penalties:

First: warning.

Second: reprimand.

Third: Suspension for a period of no less than three months and not more than three years.

Fourth: Removal from the Roll.

 

Article (40)

The Secretariat of the Bar Association may send a notice of discipline to the advocate and impose the warning penalty thereon. Moreover, the Secretariat shall request the closure of any branch opened in violation of Para. (b) of Article (26) hereof by resorting to the summary judge of the court of first instance, in whose jurisdiction the branch is located.

 

Article (41)

The Public Prosecution shall bring and initiate the disciplinary action on its own or upon a request from the Secretary of the General People’s Committee for Justice, President of the Supreme Court, Secretariat of the Bar Association, a president of the court of appeal or a president of the court of first instance.

The Secretary of the General People’s Committee for Justice, President of the Supreme Court and the Secretariat of the Bar Association may refer the case directly to the Disciplinary Council.

The referral of the President of Bar to the Council shall be initiated by the Secretary of the General People’s Committee for Justice or President of the Supreme Court.

A disciplinary action shall be initiated only after hearing the advocate’s statements.

 

Article (42)

The disciplinary actions brought against advocates shall be considered by a council formed and chaired by a president of the court of appeal with the membership of a president of the court of first instance, to be nominated by the Secretary of the General People’s Committee for Justice, and an advocate admitted to plead before, at least, the court of appeal, to be nominated by the Secretariat of the Bar Association and shall not be a member thereof, and in case of his absence the President of the Bar shall nominate another advocate to replace him.

Sessions of the Council shall be valid only upon attendance of all members. The decisions of the Council shall be issued by majority votes.

The disciplinary council shall convene in the headquarters of the Court of Appeal, in presence of the most senior chief prosecutor thereof, while the secretariat work shall be assumed by one of the court secretaries.

A notice, by a registered letter, shall be served upon the advocate to appear before the Council fifteen days prior to the scheduled session.

The Disciplinary Council, Public Prosecution and advocate may summon the witnesses they deem necessary. In case any such witness does not appear or appears but refuses to testify, the Council may penalize the same with the penalty stipulated in Article 360 of the Penal Code. Moreover, perjury before the Disciplinary Council shall be penalized with the penalties prescribed for perjury in the articles related to misdemeanor.

 

Article (43)

Sessions of the Disciplinary Council shall be confidential. The decision shall be issued after hearing the statements and petitions of prosecution and the defense of advocate or his attorney who shall be admitted to plead before the Supreme Court or courts of appeal. The Disciplinary Council may order the advocate to appear in person before the same.

 

Article (44)

a. The decision of the Disciplinary Council shall be pronounced in a public hearing. The grounds of the decision must be included therein at the time of pronouncement.

b. A notice of the disciplinary decision shall be given to the Secretariat of the General People’s Committee for Justice and the Secretariat of the Bar Association. If the decision requires removal from the roll or suspension, a notice to that effect shall be given to all courts and prosecutions.

c. In all cases, a disciplinary decision shall be served upon by a process server. Alternatively, the concerned advocate may be given a copy of the decision in return for a receipt. A disciplinary decision shall be enforced only after becoming final.

 

Article (45)

An advocate may object to any disciplinary decision issued in absentia within fifteen days from the date of being notified thereof or receiving a copy thereof. Such objections shall be initiated by a report lodged with the Secretariat of the Disciplinary Council and signed by the appellant advocate or the attorney thereof.

 

Article (46)

The public prosecution and advocate may appeal the decisions of the Disciplinary Council before the Administrative Circuit of the Court of Appeal. The advocate may appeal such a decision as of the next day following notification of the decision or the expiry of the period prescribed for objection, if the decision was issued in absentia.

 

Article (47)

Members of the Disciplinary Council may be recused when there is a valid reason for recusation of judges. The Civil Circuit of the Court of Appeal shall decide upon recusal petitions as set forth in the Procedures Law. The court ruling in this respect shall be final and unappealable.

 

Article (48)

If an advocate whose name was removed from the roll obtains new evidence of his innocence, he may apply for reconsideration of the final decision to remove his name from the roll before the entity that had issued the same. If such an application is rejected, he may resubmit it once again after two years, provided that he provides other new evidence.

 

Article (49)

a. An advocate whose name was removed from the roll may apply for re-registration on the roll, in which he was registered, after five years from the date of decision.

b. Such application shall be submitted to the Admission Committee set forth in Article 4.1 hereof. If the Committee, having consulted the Secretariat of the Bar Association, is of the opinion that the elapsed period is sufficient for the advocate’s correction, it may re-register him on the said roll. The period of removal from the roll shall not be counted for the purpose of calculating the advocate’s seniority. In case the Committee rejects the application, the advocate may re-submit it once again after two years, and if rejected again, such decision shall then be final.

 

Article (50)

A disciplinary action shall be prescribed after three years from the date of violation. However, such period shall be deemed interrupted by any of investigation, accusation or trial procedures, and it shall be renewed again starting from the date of last procedure.

 

Part V

Transitional & Final Provisions

 

Article (51)

Notwithstanding Article (3) hereof, members of judicial bodies and General Directorate for Law shall be registered on the roll of non-practicing advocates for no fee if they so request within sixty days from the enforcement date of these Regulations.

 

Article (52)

A) A temporary committee shall be formed to register advocates. Such committee shall be headed by a counselor from the Supreme Court, to be nominated by the general assembly thereof with the membership of:

1. The Head of the Judicial Bodies Inspection Department;

2. A president of the court of appeal: to be nominated by the secretary of the committee;

3. A chief prosecutor: from the General People’s Committee for Justice;

4. The Director of the General Directorate for Law;

5. The Head of the State Lawsuits Authority;

6. The Head of the Department of People’s Legal Defence;

7. The Secretary of Bar Association; and

8. A member of Bar Association nominated by the Secretariat of the Bar.

To discharge its duties, the committee may engage the administrative employees it deems fit.

b. This committee shall decide upon the applications for registration on the advocates roll until the two admission committees stipulated in Articles (4 and 12) hereof are formed, provided that the term of this committee shall not exceed six months from the enforcement date of these Regulations.

The Secretary of the General People’s Committee for Justice may extend the period stipulated in the previous paragraph for a period(s) not exceeding six months in total.

 

Article (53)

These Regulations shall be published in the Official Gazette, and shall enter into force after thirty days from the publication date.

 

The General People’s Committee

Issued on: 14 Rabi Al Awwal 1400 FDP

Corresponding to 3 October 1990 AD