Ayman shape
– I have reservations about the establishment of companies without lawyers and allowing foreigners and re-registration fees- The current law was issued 1980 and the new project does not need “urgency”- The establishment of non-lawyers companies that reduce the humanitarian and professional role of the profession- The association renewed the reservation to add the fine as a disciplinary punishment for professional violations- reservation to obligate the lawyer to provide the professional work guide for the previous two years- raising the registration fees and renewing licenses For lawyers exaggerated in the project- reservation to allow non-Bahraini lawyers to practice law firm
The Bahraini Lawyers Association sent its views on the law law discussed by the House of Representatives, to the Legislative and Legal Affairs Committee of the Council, which revealed the association’s objection to the permissibility of establishing firm companies from non -lawyers, and preserving them to double the re -registration fees for the lawyer who does not pay the registration renewal fee, which the minister issues a decision to transfer to the schedule of non -employed lawyers, as well as removing the lawyer licensed from the schedule with an administrative decision from the minister, And conservative to allow non -Bahraini lawyers to practice law.
At the beginning of the views, the Association of Lawyers raised its thanks and great gratitude to His Majesty King Hamad bin Isa Al Khalifa, the king of the country, the greatness of His Majesty to refer the law of the law law to the House of Representatives with a royal decree, which reflects the keenness and interest of His Majesty in the legal profession and its affiliates from the Kingdom of Bahrain, and also thanked the government headed by His Royal Highness Prince Salman The ministers have their sincere desire to issue an advanced and modern law law that is commensurate with the position of the Kingdom of Bahrain as one of the developed countries.
Why is the adjective of “urgency” after 45 years?
The association expressed its reservation to refer the law of the law law to the House of Representatives to discuss it as a rush, as the current law law was issued in 1980, that is, 45 years ago, and the issuance of a new law law was not urgently over these years, despite the occurrence of radical legislative developments during which the creation of the Supreme Judicial Council, the Public Prosecution, the Constitutional Court and the Bahrain Chamber to settle disputes, and the issuance of major laws such as law Forensic procedures, the law of proof, the arbitration law, etc., so the first was to give the House of Representatives the opportunity to study and discuss the draft law.
The association said that the main reservation that it showed on the draft law prepared by the Ministry of Justice, Islamic Affairs and Endowments is the text in Article 40 of the permissibility of establishing law firm companies from non -lawy For criminal and disciplinary penalties, including erasing from the table, while the responsibility of non -lawyers is limited to the financial fine, allowing to persist in violating the moral rules of the profession and sacrificing the responsible manager who often implements the company’s owners’ instructions as the employer.
She pointed out that the project, although it does not include an explicit text on the permissibility of establishing law firms from non -lawyers, but that the minister has granted the authority to issue a decision that indicates the conditions that must be met in the partners “Article 40”, as the following article “41” states that: “The lawyer or partner may not be in the law office,” which confirms the possibility that the partner in the law firm is not a lawyer.
The association expressed its hope to add the phrase “without prejudice to the conditions mentioned in Article 8 of the law”, in the inability of Article “40” that gives the minister the authority to issue the decision on the conditions that must be met in the partners, and I added: “This consideration does not change the status of the partner’s share to his heirs in the event of his death, because the legal companies are professional companies based on the practice of work in the company, and not an investment for the capital.”
Warning, blame and warning instead of a fine
The association suggested that it had previously seized a draft law submitted to the House of Representatives to add a fine as a disciplinary punishment for professional violations, and it was based on the comparative laws of sister countries as well as the laws of the United States Disciplinary disciplinary in professional laws, including warning, warning, blame, stopping practicing the profession and erasing from the table.
The association also reserved on what was stated in Article 13 of the project, which decided to transfer the lawyer’s registration, which does not pay the registration renewal fee to the end of the year due to draw by a decision of the minister to the schedule of the non -employed lawyers, and that it requires to be re -registered in the schedule of working lawyers to pay a new registration fee, in addition to the weakness of the late renewal fee, and she said: The annual renewal fee is an amount -/150 dinars, and that in this text he has made a financial penalty against the lawyer amounting to -/950 dinars, which is -/500 dinars, a new registration fee, in addition to the weakness of the late renewal fee 150+150 = 300, in addition to a renewal fee for the next year -/150 dinars with a total of -/950 dinars, and all of this is due to a delay that may have unexpected financial conditions, or for personal conditions of any kind The law and this situation to the human spirit in dealing with professionals in a way that is not appropriate for our wise government, which always looks with kindness and mercy to its honorable citizens, especially after raising the registration fees and renewing licenses to the lawyers in an exaggerated manner, and increases a large percentage of the fees for registration and renewal of other free professions.
The association called for amending the last paragraph of Article 13 of the project to read as follows: “It is not permissible to re -register the lawyer in this case in the table of the lawyers working unless the late renewal fee is paid.”
She pointed out that the lawyer’s legislation preceded the lawyer to submit the profession’s workbook for the former years mentioned in Article “15” of the project, because this is a prejudice to preserving the secrets of the legal profession that the lawyer divides on not being dispensed, and that many of the actions that the lawyer does not be lawsuits before the court He has a work, as long as the lawyer is committed to opening an office and by blocking the license fee and applying all duties for lawyers, there is no justification for obliging him to reveal his work surrounded by confidentiality, so the association hopes to cancel Article 15 of the draft law.
The association also mentioned its previous reservations about the text of the lawyer to stop the profession by an administrative decision by the minister, or from the disciplinary board before the complaint was considered, until the complaint was decided against him, because the endowment is in itself an impressive punishment that should only be applied by a final decision of the disciplinary and disciplinary councils, so the Bahraini Lawyers Association hopes to cancel Article “54”, and item “2” of the project “57” of the project, “57” of the project. It is the item for the suspension of lawyers referred to disciplinary accountability once the complaint is submitted, and before the ruling was issued by the Disciplinary Board.
The association reserved on the text contained in item “8” of Article “8” of the project related to the removal of the lawyer licensed from the table by an administrative decision by the minister if the lawyer loses a condition of the registration, and the association believes that the deletion is based on a recommendation from a committee for the lawyer, which is the competent authority to ensure the availability of the necessary conditions for the registration or not, after hearing the statements of the lawyer who has the stakeholder, so the association hopes that the last paragraph of Article 8 ” To read as follows: “He shall be removed from the table by a decision of the minister on the basis of a recommendation from the lawyer for the lawyers for each lawyer, has lost a condition of the registration stipulated in the previous paragraph, after hearing the lawyer’s statements.”
The association said: When the table of lawyers is the pillar of the legal profession and the basis of the foundations regulated by the law of law, the schedule must be organized and new schedules must be created by a law, not by a ministerial decision, in order to preserve the rights of the profession owners and its affiliates from the lawyers and protect their actions, which are the source of their livelihood, and not leaking it to a small category of lawyers, so the association sees that the creation of lawyers of laws is by law, not by a ministerial decision The text contained in the last paragraph of Article 7 of the project.
The association repeated its reservation to allow non -Bahraini lawyers to practice lawwork in the Kingdom of Bahrain, given that all the countries of the world prevent their citizens from practicing the profession within it, and demanded the amendment of the first paragraph of Article 24 to read as follows: “An exception to the ruling of Article” 5 “of this law and taking into account the principle of reciprocity. Bahraini lawyers met before the Court of Cassation and the Constitutional Court in a specific lawsuit before the specialized departments that are determined by a decision by the Minister, except for the criminal, administrative, legitimacy and rental cases.
The association said: When the license for foreign legal consulting offices had legalized, as a matter of exception, with two basic police, the office is that the office with specialized international expertise is not available in Bahrain, and that its work is limited to providing legal consultations without pleading before the Bahraini courts. In terms of the project, it included an expansion in this exception by licensing the office to plead before the courts and arbitration bodies by a decision of the minister, knowing that pleading before the courts is not for offices or companies, but rather the licensed lawyer after verifying the conditions of his eligibility to plead, and since there are many employees of foreign offices in Bahrain, they are not licensed to plead before the courts in their country because they do not qualify them.
She added: Therefore, we hope that the fourth paragraph of Article 25 will be modified to read as follows: “The minister may, after the approval of a lawyer for lawyers, to license employees of foreign offices to plead before the courts, arbitration bodies, judicial jurisdictions in a specific case, provided that the Bahraini law is not applied to it, in conjunction with one of the Bahraini lawyers met before the Court of Cassation and the Constitutional Court.”
And she continued: When the minister was the authority that appoints the Appeal Disciplinary Council, he must not submit an appeals or any requests to the council to prevent embarrassment, and the project did not do that stipulated that the minister refer the appeal request from the complaint provider to the Appeal Disciplinary Council, but it must be taken into account that the complainant is not the “competent authority” in cases where the lawyer is referred to the Disciplinary Council upon request The competent is a neutral body, not a deduction of the lawyer, and when it rejects its complaint from the Disciplinary Council, it has no interest in the appeal of this ruling.
And she demanded that the first paragraph of Article 59 “will be reformulated as follows:” The lawyer and the minister may, upon the request of the complainant, will be rejected when the competent authority did not resume the decisions issued by the Disciplinary Council. “
The association pointed to the text of Article 39 of the current law law: “The Judicial Aid Committee shall be formed from three working lawyers chosen by the Minister of Justice and Islamic Affairs, and this committee is concerned with granting judicial aid …”. As for the text of Article 51 of the project, the formation of the Judicial Aid Committee without stipulating that its formation is of three lawyers, and they are the most knowledgeable category of lawyers and the judicial aid and its entitlement, which opens the way for the appointment of a composed body of non -lawy And the pleading.
The association concluded by expressing its appreciation for what the draft law stipulated regarding coordination with the association in some matters related to the profession, describing this by the step in the right path, putting the Kingdom of Bahrain in the ranks of developed countries that respect professionals, and listen to them regarding their profession, and the Bahraini Lawyers Association that was established since the era of independence, and recorded as a association in 1977.
