| |
Lawyers In
Lebanon, Attorneys Practice In Lebanon
Lawyers or attorneys practicing in Lebanon have to
respect the rules of the legal profession.
The attorneys profession is regulated by LAW N ° 8 / 70 with its
amendments which governs the lawyers profession in every aspect.
1-General Scope
2-Qualifying as a Lebanese Lawyer or
Attorney /Conditions
3-Lawyers in Practice in Lebanon
4-Conflict of Interests
5-Organization and Management of The Bar
Associations of Attorneys in Lebanon
6-Rights, Duties and Privileges of Lebanese
Lawyers / Attorneys
1-General Scope
The law organizes the lawyer's profession which aims at
establishing justice by providing legal opinions and defending
rights .
The lawyer according to the text of law follow clients
instructions and therefore can not interfere in a situation where
there would be a conflict of interests which may hurt the client's
interests.
Two Bar Associations exist for lawyers in Lebanon , one in
Beirut , one in Tripoli .
All attorneys are registered in the Beirut Bar Association
except those whose offices are situated in the Mohafazat
(Department) of North Lebanon who are registered in the Tripoli
Bar Association.
A
lawyer may not practice in Lebanon unless he is
registered in one of the two Associations
The lawyer must as well have an office in his area of practice
2-Qualifying as a Lebanese Lawyer
or Attorney / Conditions
Any person wishing to practice as a lawyer
or an attorney
should fulfill the following conditions :
1-Have Lebanese citizenship for a minimum of 10 years.
2-Have civil rights , be over the age of 20 and under 65.
3-Be a holder of the required educational level.
4-Behave in a way that reveals trust and respect.
5-not convicted for a criminal or disciplinary act.
6-not dismissed from a profession for reasons
contrary to honor and dignity.
3-Lawyers in Practice in Lebanon
An attorney at law in Lebanon will not be able to::
1-Occupy any public office or service except the membership
of Parliament or of a municipal council...
2 -Practice in the fields of trade , industry or journalism
( except legal or scientific journalism ) and in
any profession which targets profit .
3-Be a chairman , vice - chairman or manager of any company.
4-Work as a courts' expert or any other institution.
5-Engage in a practice that is contrary to the attorney's
independence or to the dignity of the legal profession.
6-Act as Speaker of Parliament or Prime Minister . An attorney
or Lawyer in
such position will suspend practicing his profession
and inform the President of the Bar of the matter.
4-Conflict of Interests
1-A lawyer who was a minister is forbidden , for a period of
one year after leaving his position as a minister , from accepting
a case in relation with the ministry he headed.
He can not accept as well to be a member of the board of the
public institutions that are supervised by the ministry he headed.
2-A lawyer who is a member of Parliament can not accept , a
case for the State or one of its public institutions.
3-A lawyer elected as a member of a municipal council
shall not accept a case for or against that municipality.
4-A former public servant and became a lawyer
can not accept a case against the administration which
employed him for a period of a minimum three years after
leaving his employment.
5-A former judge practicing as a lawyer shall not accept a
case he looked upon while he was still in practice as a
magistrate.
6-Any public servant or arbitrator or expert shall not
accept a mandate to act as a lawyer in a case he looked into as
his capacity mentioned above.
5-Organization and Management of The Bar Associations
of Attorneys in Lebanon
Each of the two Bar Associations of Beirut and Tripoli shall be
formed of the attorneys who are members and who are registered on
the roll.
the Bar Associations are constituted of the General
Assembly , the Council and the President.
6-Rights, Duties and Privileges of Lebanese Lawyers / Attorneys
1-Consultations and
Powers of Attorney
Only duly registered lawyers or attorneys appear before the courts
and specifically:
1-Before the Criminal court .
2-Before the Court of cassation and before administrative
courts.
3-Before the Court of appeal for all civil , community and
religious cases.
4-Before the courts of first instance for unevaluated
civil cases.
5-For matters of urgency ( juge des reférés )
6-Before executive office in what relates to judgments
execution , bonds and all contracts the value of which is over a
certain ceiling.
7-Before appeal expropriation committees.
Every company operating in Lebanon , or abroad
whether the company has headquarters or a branch in the Lebanese
territory , shall be obliged to appoint a lawyer in Lebanon
to represent it..
2-Power
to plead before the courts
The lawyer shall be chosen to appear before the courts and
represent his clients by an official power of attorney or
proxy given to him by his clients.
However ,this power is not necessary in the following cases
when the lawyer is appointed the President of the Bar:
1-In case of granting judicial assistance to a person.
2-When several lawyers have rejected a case , although it
has a just cause.
3 -In case the Criminal court or the juvenile court requests
the appointment of a lawyer for an accused or a person underage
and asking for a lawyer assistance or representation
4-In case of the death of a the lawyer following a certain
case , if his name is removed from the bar association's
roll , if he is arrested ,an in case of impossibility for him to
continue with the case.
The mandate of the lawyer in this case is limited to
temporary measures to protect the client's interests
he appoints a lawyer.
3-Fees
The lawyer is entitled to fees for the works undertaken
for his client's interest , and to collect the taxes and
expenses incurred.
4-Lawyers' duties
1-The lawyer , in all his undertakings , respects and follows
the principles of honor , rectitude and honesty.
2-The lawyer shall have an office in the area of the Bar
Association in which he is registered.
3-The lawyer is responsible towards his client for
performing his duties and tasks in accordance with the laws' provisions and his mandate's
conditions.
4-The lawyer can not accept a mandate from the adversary of his
client , nor give him any help or counseling ,even after the
case is over.
5-The lawyer is bound by full and total professional secrecy.
Therefore, he can not divulge any secret confided to him,
even after end of his mandate.
Contact
Mattar law firm
|
