Despite their assertion that the draft law came according to the requirements of the next stage of their profession, and its keeping pace with the local and international development, lawyers have shown many proposals on the new law firm, which will be discussed at the House of Representatives table tomorrow, Tuesday, foremost of which was the cancellation of the final erasure from the tables of the lawyers as it oppresses the future of the lawyer and his family, and called for the vacation of the appeal against disciplinary decisions before the Court of Cassation.
Lawyers called for the treatment of the lawyer, such as the public employee, and documenting his transactions with the clients, noting the “Al -Watan”, that closing the offices by simply filed a complaint against them is considered a punishment before the ruling was issued.
The head of the lawyer, lawyer, Salah Al -Midfa, pointed out that the association is in the process of studying the draft law and putting its observations on it to deliver a memorandum to the Legislative Committee in the House of Representatives, explaining that the law needs careful study.
Ghazi: The office closed a penalty before the trial
Lawyer Farid Ghazi stressed that the draft law came according to the requirements of the next stage of the legal profession, so it must keep pace with the rapid developments in the profession, while preserving the rights of lawyers in the practice of their profession, but he drew attention to Article 56, which states that “the disciplinary complaint is not accepted by its submitted by the past of a Gregorian year from the date of the knowledge of the violation of the violation or by the passage of 3 years from the date of the agency or work of the agency, i.e. these periods of time Where he pointed out that the year is a very long period, and it must be 3 months, similar to the misdemeanor that I set 3 months of his knowledge of the incident to submit a communication to the Public Prosecution, which is a reasonable period, especially in a complaint filed against a lawyer.
He also referred to Article 54, which states that “the minister may stop the lawyer’s registration temporarily until the disciplinary complaint is referred to the Disciplinary Board, provided that the temporary endowment period does not exceed 90 days”, expressing his objection to it, as soon as the complaint is submitted, the lawyer stops, and there may be malicious complaints, and it causes the suspension of the law office for a period of 9 months, which will lead to the loss of the rights of the clients and the livelihoods of lawyers working in this office.
He pointed out that the law always confirms that “the accused is innocent until his conviction is proven” while this article will open the field for any person to file a complaint and stop a law firm just because of a difference in the view and without deciding on the truth of these complaints.
Final erasure is not consistent with justice
With regard to the permanent eradication of the lawyer from the schedule, Ghazi described the punishment as dangerous, which would deprive the lawyer of the right to exercise his profession without real guarantees.
He said, “The fate of the lawyer must not only relate to the Disciplinary Council, but he must be granted the permissibility of appealing to the erasure decision before the Court of Cassation or before the Great Administrative Court, in order to ensure that he is guaranteed to the issuance of this erasure is a real issuance that has its legitimate reasons.”
Ghazi hinted that the citizen convicted of a felony gets a response after a while and the condemnation is erased from the newspaper of his precedence, while the lawyer’s misdemeanor will be the final erasure, and he said: “This is considered an injustice to the future of the lawyer, and I demand that the lawyer be eliminated permanently from the lawyer’s schedule.”
He added, “We are with the punishment of the lawyer, but he must have guarantees to protect his rights, including the right to appeal against the erasure decision before the Administrative and Appeal Court or before the Court of Cassation, so that this decision is fortified from the judicial authorities considered in Bahrain.”
Khamdin: We want a lawyer for lawyers
Lawyer Abdel -Hadi Khamdin, he started his comment on the law by calling to include the draft law an explicit text of the establishment of the Bar Association, and to be guided by the laws of similar unions in the Arab countries, provided that the union has its financial, administrative and independent moral personal independence, and that the union be entrusted with the formation of the Bar Association and headed by a judge, and its decisions can be challenged before appeal and discrimination.
He demanded that the lawyer be stipulated similar to the public employee in rights and duties, especially since the lawyers today exercise a profession such as documentation, implementation and reconciliation between the parties to the conflict away from the court and documenting this judicially.
He also called for reducing registration fees in the tables of lawyers, transferring fees between tables and renewal of registration, pointing to the large number of lawyers compared to the market in Bahrain and the small number of cases.
Flamersi: A law that meets the needs of the profession
For her part, lawyer Aisha Flamersi saw in the law what meets the needs of the profession in the next stage, especially with the great development witnessed by the judicial work and the legal profession, but she indicated that her desire to add to the draft law a paragraph that the lawyer must under training to undergo an exam after the end of his training period represented by two years, and before the law license is transferred from a lawyer under training to an operating lawyer, so The training period does not establish a lawyer, and it can pass without any training, which is often happening.
Al -Ali: Reconsidering the final erasure
On the contrary, the lawyer d. Abdullah Al -Ali to the text of Article 18 in the third chapter of the draft law, which set the condition for passing the registration exam for the lawyer after spending the period of the exercise “two years” as well as passing a training course held in the authority that is determined by a decision by the competent minister, explaining that these conditions will be raised from the efficiency of workers in the profession, and establishes the maintenance of the rights of litigants in a manner that guarantees justice in accordance with the laws.
Al -Ali called for a reconsideration of the final erasure of the lawyer, stressing that it is a very harsh punishment that is not in line with the principles of the Kingdom of Bahrain calling for the principles of tolerance, and suggested that the decision be the lawyer to stop for 3 years, indicating that another profession in which violations do not end with their penalties to prevent their owners from returning to work again.
Al -Ali pointed to another advantage in the draft law, where limits have been set for years of experience for the lawyer who moves between the tables of the lawyers, where it is required to registrate the lawyer before the Supreme Courts of Appeal that he had worked for a period of 5 years, and for the lawyer who is restricted before the Court of Cassation 8 years.
He explained that the articles of the current draft law clearly show a major development that is consistent with the demands of lawyers to have a contemporary law that is in line with work needs today.
Al -Harbi: documenting the lawyer’s fees
Lawyer Hamad Al -Harbi, putting a set of items for what he aspires to in the new law law, where he called for a form or form in an executive form by determining his fees with a minimum and higher lawyer, and controlling fees and documenting and registering those rights once the agreed case ends.
He also pointed out that the law did not single out a chapter or material for arbitration, despite its importance in the work of lawyers today, and demanded that a retired registration of his work in the law schedule until after 3 years have passed, and to add a written warning to the lawyer in disciplinary issues, and address the Association of Lawyers to consider the complaint submitted by the client and referred from the office of the Ministry of Justice to settle the matter and solve it within 30 days if it has before it is required to be submitted to the council For the competent authority.
Al -Sharabi: The best in the region
Lawyer Mohamed El -Sharabi confirmed that the draft law law, which will be presented before the legislative authority tomorrow, Tuesday, is the best at the level of the Gulf and the Arab world, in terms of addressing the palaces that have experienced previous laws and counterparts, and said that he preserves the lawyer for his rights, and contributes to upgrading the legal profession at the international level.
The lawyer, Dr. Muhammad Al -Kohaji said that the new draft law has made an amendment that found its extensive resonance with the lawyers, which is to acknowledge that their fees are with a percentage of the amounts required by them, contrary to what was scheduled in advance.
He said: “We are optimistic about the positives included in these amendments, the most prominent of which are those who are trying to work in the profession since the beginning of graduation, and the labor market has been crowded with graduates, whether some of them are already working with law, or takes their license only a way to reach the services provided or insurance, and does not work real in the profession.
