Law No. (10) of 1990 on the reorganisation of law practice

Law No. (10) of 1990

on the reorganisation of law practice

The General People’s Congress

• In execution of the resolutions adopted by Basic People’s Congresses in their second ordinary session of 1399 FDP corresponding to 1989 AD, and formulated by the General Forum of People’s Congresses, People’s Committees, syndicates, unions and professional associations (General People’s Congress) during its sixteenth ordinary session for the period of 5-12 Shaaban 1389 FDP, corresponding to 2-9 March 1990 AD;
• Upon review of the Great Green Charter of Human Rights of the Jamahiriya Era;
• Law No. (4) of 1981 on the Department of People’s Legal Defence;
• Law No. (87) of 1971 on the State Lawsuits Authority;

formulated the following law:

Article (1)

Individuals may practice law through individual or collective offices under the terms and conditions prescribed by this law and the regulations issued in accordance herewith, without prejudice to the provisions of Law No. (87) of 1971 on the State Lawsuits Authority and Law No. (4) of 1981 on the Department of People’s Legal Defence.

Article (2)

Every person shall have the right to counsel before courts and prosecutions through an attorney from the Department of People’s Legal Defence in the manner prescribed by the aforementioned Law No. (4) of 1981. Every person may also appoint a personal attorney at their own expense to defend them in court and before all other entities in accordance with the provisions of this law and of the regulations issued in accordance herewith.

Article (3)

No member of the Department of People’s Legal Defence may practice law through individual or collective offices at the same time.

Article (4)

Attorneys who practice law through individual or collective offices shall have the right to an attorney’s fee that is not exploitative paid by their clients for the actions they perform in the exercise of their profession within the limits, guidelines, and standards set forth by the executive regulations of this law.

Article (5)

The executive regulation of this law shall define the law practice requirements in accordance with the provisions of Article (1). It shall determine the schedule of attorneys, their acceptance procedure, the conditions of their inclusion on such schedules and transfer to other schedules, the registration fee for every schedule and their collection method, in addition to the legal oath they take, and the entity before which it is taken.

The rights, obligations, and rules of discipline pertaining to attorneys shall be stipulated by the executive regulation.

Article (6)

The provisions of the social security law regarding self-employed individuals shall apply to attorneys who practice law for a fee in accordance with the provisions of this law.

Article (7)

The executive regulation of this law shall be issued by the General People’s Committee at the proposal of the General People’s Committee for Justice.

Article (8)

Article (29) of the aforementioned Law No. (4) of 1981shall be repealed. Any provision that contravenes the provisions of this law shall also be repealed.

Article (9)

This law shall be published in the Official Gazette and in the various media outlets. It shall enter into force from its date of publication in the Official Gazette.

General People’s Congress – Libya

Issued on 1 Safar 1400 FDP

Corresponding to 22 August 1990 AD