|07-06-2011, 01:27 PM||رقم المشاركة : 1|
النظام الداخلي لنقابة المحامين في الجمهورية العربية السورية
زملائي الأعزاء ................
|07-06-2011, 01:32 PM||رقم المشاركة : 2|
النظام الداخلي مترجماً إلى الإنكليزية
The Rules Of The Internal System
Of The Syrian Bar Association
Translated by :
( Attorney at law of Damascus bar)
Under supervision of the president of Damascus branch of the Syrian bar
Attorney at Law
Mr. M. Jihad Allham
In this act, terms and clauses mentioned hereunder mean as follows :
A-The general congress : The general congress of the Syrian bar association.
B-The bar : Syrian bar association.
C- The treasury :the lawyers' retiring treasury foundation .
D- The council: the council of the Syrian bar association .
E-The Syndic :the head of the Syrian bar association.
F-The Branch :a branch of the Syrian bar association.
G-The President : the president of the branch.
H-The General Assembly : The General Assembly of the branch.
I-The Law :the Act No.39 dated in 21/8/1982 of law profession.
J-The Financial System : The Financial System of the bar.
Practicing the law profession
The attorney is entitled to practice his/ her profession within the limits of his/her duties
using the following means :
1- Retaining for individuals or organizations to claim the rights , and to attend and defend before all courts and against all judicial and administrative departments and committees. And also against: the arbitration bodies , the legal authorities, the natural or artificial persons , the police departments , and every authority carrying out any criminal , administrative , or social investigation .
2- Performing advices , preparing law studies , and drawing contracts.
3- Performing judicial assistance for citizens , and facilitate justice for them before every authorized department.
Practicing of the non-Syrian lawyers
Article -3-Regarding to article -73- of the law, and in condition of reciprocity , and after attaining the prior permission of the Syndic , or the President of the concerned branch who should inform the Syndic immediately ; every Arab lawyer listed in a practicing lawyers' list in any Arab lawyers association in entitled to plead against all the Syrian Arab courts in the degree corresponding to his / her degree in his homeland , and in specific cases only.
The bar will circulate to the branches the names of the Arab bars with reciprocity .
The Syndic -or the President- detects the presence of the conditions mentioned in articles 3&4 by the I D of the Arab lawyer , a statement from his/her bar or from the Arab bar union mentioning the degree he/she is allowed to plead in.
If - for reasons not related to the lawyer' intention- the ascertaining can't be achieved by the previous ways , it can be done by any other relevant means.
Regarding to article -73- of the law, and in condition of reciprocity , and after attaining the prior permission of the Syndic , the Non-Arab lawyer is not entitled to plead against the Syrian courts except by association with Syrian lawyer listed in the bar list , and in specific cases only.
Joining to the bar
Procedures of applying to the list
Article -7-The bar is the Master of the list . the council supervises the procedures of applying to the list for attaining the title of a lawyer any time as mentioned in the law.
Each applicant to the apprentices list , or to the solicitors list when exempted from apprenticeship , or to re-listing has to fill in double the application item-1- associated with this rules ,and to forward six small size personal photos , accompanied with the following documents :
1-A- a license in law from a Syrian university , or an approved copy of it , or an official statement from the university declares that the candidate has gained a license in law when this license is delayed to be issued.
-B- the foreigner license in law equal to Syrian one has to be accompanied with a resolution from the certificates equitation committee declaring the equitation , and valid to use for joining the bar.
2- A declaration from Army booking office declares that the applicant is not in the obligatory or the subsidiary service.
3- A pledge for permanent residing in the area of the branch as long as he/she is listed in.
4- A statement from the general record of official clerks and employees declares that the applicant isn't an official clerk or an employee.; and he / she has not been fired or discharged from such positions.
5- A statement from the Ministry of Defense declares that the applicant isn't a clerk or an employee in the said ministry , or in any of its establishments.
6- A statement from the Ministry of Education declares that the applicant isn't teaching , not having a license of a school , nor a principal of one.
7- A statement from the parties the applicant was working there declares that he/she has not been fired or discharged for turpis causa, or anti state's security cause.
8- A statement from the Social Insurance Establishment declares that the applicant isn't registered as an employee , nor as an employer.
9- A pledge to not work in Industry , Trade , Agriculture , or any work that contradicts with the legal profession .
10- A copy of the civil record (anagraph) proves that the applicant is an Arab Syrian citizen for more than five years , or a citizen of an Arab country in condition of reciprocity .
11- A copy of the police record proves that the applicant:
A-Is not sentenced for any criminal penalty .
B -Is not sentenced for any penalty that contradicts with duties of the profession such like robbery , fraud , dishonesty ,as for examples . while undeliberated crimes and all kinds of felonies are not considered defaulting honor .
12- A- a recommendation to the branch council from three attorneys residing in the area of the branch declaring solely one by one that they know the candidate personally , and he /she has a good reputation, behavior ,and morality , as well as he /she is capable of practicing the profession .
B – the branch council carries out an extensive investigation to assure the perpetual residence of the applicant in the branch area .
13- A statement from the Syndicates standing before this law , or from the branches since after issuing this law declares that the applicant isn't disbarred from their lists for a disciplinary reason , and he /she is clear from charges towards them .
14- A report from the medical committee chosen by the branch council from the lists appointed by the treasury council . this report reveals the health state of the candidate , and his/here clearance from any illness or disability that can make him / her incapable of practicing the profession . the report should emphasis this statement , and the candidate will pay the charges due to the report.
15- A statement from a solicitor attorney competent to conditions mentioned in article no.24 of this law declares that his/her office is vast enough to train the applicant , under his /her guarantee and responsibility.
16- A receipt from the branch treasurer of paying the fees due to the treasury , syndicate , branches , and all their funds according to the rules of the budget .
17- In the case of applying before the promulgation of the budget, the applicant should pledge to pay all fees due to the newer budget within fifteen days from the day of notification . otherwise he will be excluded from the list according to article 21 of this law.
18- A declaration from the applicant to declare validity of the documents he/she has forwarded , and to declare that he/she is not committed or prosecuted for any criminal or disciplinary lawsuit , before any criminal courts , civil courts , military courts ,central department of supervision and investigation , the economical security court and its investigation judge , the higher court of states' security , or any other punitive authority .
19- Applicants to list , applicants to or-list , and free-of-training applicants should pledge to furnish a suitable office in the area of the branch .
20- The file should be forwarded in two copies, one of them is to be kept in the branch , while the other one is sent to the council with the decision of the council as soon as issued.
21- Data obtained from the civil record are only the valid one to determine the age of the applicant , and any corrections had been made to it is invalid . When the day of birth is unknown it should be calculated from the first day of the birth' year. And any further amendment on the record is considered invalid.
22- The applications will be recorded only if they were completed according to terms mentioned in band 20, except submitting the license mentioned in band 1 for re-listing applications.
Article -9-A- After the documents described in the previous article had been completed , and application is recorded , applicant's name will be showed up in the notice board of the bar and the branches at the motion of the branch he/she is applying to. Show up before recording the application as described makes all the procedures null and void.
B-Any branch obtains any information connected to the applicant has to transfer this information by any means within ten days from day of noting to the concerned branch.
C-Every attorney can proclaim his/her justified objections within ten days from noting day.
D-All mentioned data and notes are confidential .
At the end of the period determined in the previous article president nominate out a representative from the members of the council to examine the application , and to check up on the accompanied documents , and to investigate the situation of the applicant , the validity of the given data, the truth of the objections, the reputation and the behavior of the applicant , and availability of other legal conditions . he /she writes a report with the proper suggestions to the branch council to determine about the application.
1-If the applicant had previously committed any criminal actions dispended with general amnesty law , or reconsidered , the council determines wither these actions offend the honor and the moralities required to practice the profession , and they so far justify refusal of subscription with being restricting by the judicial description given in the final verdict.
2-If this situation has been discovered after issuing the recording decision, and period of objection has been lapsed , the branch council should apply article -19- of this law and reconsider the recording decision.
Article -12-Copies of the police record are not considered sufficient evidences for the applicant's morality which still ever the basic concern for the investigation done by the branch council when applying to. Rejection will be the answer if the applicant's history seemed suspicious, and rises fears about confidence the applicant will acquire when practicing the profession from his/ her colleagues, judges , and people he/she will defend their interests and rights.
Article -13-A-Accepted applicants have to swear the legal oath provided in article 22 of this law before the civil appeal court in presence of the president or a representative of him/her from the members of the branch council and the trainer attorney after the acceptance decision become final.
B-Applicants for re-listing are exempted from oath when accepted to record by a final decision.
A-Rules of band-19- of article -8- of this law are applicable to the apprentice –free applicants.
B-For applicants to apprentices list , office of the training attorney should be suitable for training and the branch council will ascertain that the place devoted for the trainee maintains his/her dignity .
C-The office should contain a library includes at least laws, books , articles and law reviews necessary for practicing the profession.
Article -15-Rejecting applying to list or re-list because of formal reasons will not prohibit applying again with documents allowing the recording and they were not available previously when the former application had rejected , even if the rejection decision has been approved by a competent authority.
The attorney's office will be considered as an elected domicile to him and the apprentices in this office . so noting and delivering notes and documents concerning the profession to this address is considered valid.
The List of the attorneys
Article -17-A-In May every year , the council draw a general list of all attorneys in Syria.
B-This list consists of :
A list of solicitor attorneys.
A list of apprentices attorneys and their trainers .
C-The branch council has the right to draw a list for the branch' attorneys based on the general list.
Article -18-A-To solicitor attorneys ,seniority means the period of practicing the profession since the date of first time recorded as a solicitor after excluding the periods of discontinuance , striking off the roll, and ignoring.
B-To apprentice lawyers ,seniority means the period of practicing the profession since the date of pronouncing the oath after excluding the periods of discontinuance , striking off the roll, and ignoring.
C-In case of equality , seniority is to the elder by age.
Article -19-A-The list is reorganized every year according to the sudden happenings such like death , retiring , no desire to practice the profession , ignoring , striking off the roll for not paying fees , and disciplinary striking off due to final verdict from a disciplinary council.
B-Ignoring means to drop the name of the attorney from the list due to not paying fees and the financial obligations within the period determined in the budgets.
C- Decision of ignoring is to be issued according to a suggestion of the branch council . ignored attorney is considered in virtue of stroke off after one year from ignoring date. Ignoring decision , and striking off decision are to be noted to the competent authority and to the indented person . no re-listing before paying off all due fees plus re-listing fees.
Article -20-Every attorney has the right to object on ranking of his/her name in the list by a formal application submitted to the council of branch he/she is listed in .when the objection is accepted the correction will take place in the next list.
If the name of the attorney was not mentioned in the list , he/she has no right to declare himself/herself as an attorney , he /she can't make use of privileges and rights associated to this title. Unless the dislocation of name was unintentional , or listing took place after issuing the list .
A-Duration of apprenticing is two years , extendable to one another year .
B-Working in judiciary, or state's cases department for less than four years are excluded from the time of apprenticing .
C—Theperiods of the obligatory and the reserve army services are excluded from time of apprenticing .
The attorney is not allowed to accept any apprentice without a decision from the branch council .
Only two apprentices are accepted in one office unless a special permission from the branch council had been obtained .
The solicitor attorney has to introduce the apprentice in his/her office to the judges he/she will plead before them for the first time.
If the apprentice discontinued attending to the office of the training-attorney without any reasonable cause , or without informing him/her in case of necessity , the said attorney has to inform the branch council within at most fifteen days from day of absence .
After informing the branch council , the president sends a letter to the apprentice who discontinued unjustifiably attending to his/her trainer's office to investigate about the cause of discontinuance . the branch council decides , or not ; to add up the periods of the discontinuous to the periods of apprenticing .
It is prohibited for the apprentice to move to another attorneys office before obtaining the permission of his/her trainer , and the approval of the branch council .
If discontinuous of apprenticing and attendingthe training lectures repeated so the apprenticing looks unserious , the branch council can decide to extend duration of the apprenticing after hearing the apprentice.
A-Before striking off the apprentice , the council should hear to him / her , and ascertain that there is no reasonable excuse .
B-the period of apprenticing prior to striking off is not calculated in the newer apprenticing period.
The Training lectures
A-In the first half of January every year , the bar council prepares a general program for training lectures to be obeyed by all branches . the program concludes some lectures held under supervision of the council in every branch and apprentices from another branches can be invited to.
B-Regarding the previous band, the branch council prepares a program for training lectures to enable apprentices to be skilled in every aspects of the profession theoretically , professionally , and practically . season of lectures starts at Marsh every year.
The president supervises the training lectures with the assistance of a committee assigned by him/her and called : (the training committee) .
The apprentices from another branches can be invited to attend the apprenticing lectures held in another branch.
The committee suggests towards the branch council a complete course for the lectures and a list of lectures for the next year according to the subjects determined in the branch lectures' program . lectures are payable according to suggestions of training committee .
At the end of the annual course , the training committee forward to the branch council a written report with discretionary notes about the committee itself and about the apprentices .
Moving apprentices to the solicitors attorneys list
When the apprentice complete the training conditions stipulated in these rules and in the law, he/she can claim moving from apprentices list to the solicitors attorneys' list . application of five copies is to be submitted to the branch council in a printed form set by the branch council , accompanied by six small size personal photos , one medium size personal photo, and with the following documents:
1- A Testimonial from his/her trainer-attorney avers the completion of apprenticing provision , and the competence of the applicant .
2- An Averment of establishing an office to be checked up for suitability by a member of the branch council .
3-A Statement from the army record office about the period the applicant had served in the obligatory or the reserve army service during apprenticing .
4- A Practicing chronicle proves that the applicant had pleaded in fifteen cases every apprenticing year .
5- A Statement from the branch avers that the apprentice had attended the apprenticing lectures.
6- an averment of paying the fees.
7- the ID card of the applicant.
A-The branch council determines about the application of moving according to the file ,and to the report of the training committee , after checking up the competence of the applicant.
B-Checking up the competence takes place when the apprentice passes successfully a test executed by the branch council and a test's committee nominated by the branch council .
Moving to another branch
Every attorney has the right to ask moving from a branch to another branch under the next provisions :
1- Fill and sign in three copies of the moving application illustrated by the form accompanying to this law.
2- The branch council comments on the moving at the same application.
3- After finishing the application , the branch council transfers two copies of it plus the personal file of the applicant to the council within three days from end of detecting the application. One copy is to be kept in the record department of the branch.
4- The bar council scrutinizes the application and ascertains its substantiality , fulfillment of moving provisions , and soundness of documents provided in the file . Then transfer the whole file with the opinion of the branch council to the branch intended to move to . A copy of the application will be reserved in the archive of the branch .
5- The council of the branch intended to move to scrutinizes all the papers connected to the moving applicant . In case of preliminary approval , the president asks the applicant to declare about the place where he/she will dwell , and the place where he/she will establish an office to practice the profession in , within one month from noting the preliminary approval of the branch .
6- The president charges a member of the branch to ascertain that the moving applicant is residing in the area of the branch , and that he/she had established a proper office to practice the profession in .
7- when all the previous provisions are completed , the president adduces the moving application to the branch council to take the suitable decisions
The personal files of the bar members are to be sent from the branches to the council and vice versa according to the following instructions :
1- The personal file and supplements will be set in a tightly closed envelope .
2- The envelope is to be wrapped with strict thread .
3- The thread is to be glued by red wax from upper side and middle side , red wax is to be stamped by the stamp of the sending part .
4- The envelope is to be registered in the record of the registered mail , mentioning clearly on it the name of the personnel charged of carrying that mail , and name and signature of the receiver person . the number and date of recording to be recorded in the outgoing materials record.
The bar, and its establishments
The general congress
The general congress is to be associated according to article 32 of the law.-
A. The meetings of the general congress are headed by the syndic , vice syndic in case of absence of syndic , and the elder member of the bar council in case of absence of both of them.
B. The bar secretary ,or who is chosen by head of geneses congress in case of secretary absence is to control editing the minutes of the general congress' meeting.
C. The general congress is confined to the schedule legally determined and to the subject invited for , and the congress can decide to add any other subject to the schedule at majority of two thirds of the congress members' votes at the beginning of the meeting excluding financial issues unless they have been listed previously in the schedule
Regarding the periods mentioned in the law, the congress defines the day , the date, the place, and the subject of the congress' meeting. The invitation takes place accosting to the provisions of the law , the syndic can inform the members about the date in a written form accompanied by the schedule .
If the quorum of the first meeting was not completed , an invitation to the second meeting is to be addressed within fifteen days from the date of the first meeting , the council can - for justified reasons - delay the date of the general congress' mentioned in article (35-2) of the law to another date .
The head of the general congress manages the sessions and controls the order in these sessions in way to enable every member to speak in the given subject after the permission of the head .
Before any other suggestion ,voting for closing discussions takes place after ending the arguments about the subject according to the discretion of the general congress' head , the majority of two thirds of the present votes is required . since after , voting for the subject takes place on the basis of the text suggested by the council . if this voting failed, another voting for the far suggestion at first then the nearer suggestion takes place .when having the legally estimated majority it will be considered affirmed finally.
it is prohibited to revote for any subject or a band of a given preposition affirmed or voted on within the meetings of the general congress in the same session unless it has been authorized by the congress in majority of two thirds of the maximum number of the general congress' members associated in the same session.
When the quorum becomes completed ,the head of the general congress launches the session ,the minutes of the previous session is to be recited ,the congress members can comment on the formulation , then the general congress can handle the agenda .
Voting in the session of the general congress takes place in public ,excluding voting in elections which runs by secret polling.
Each candidate to any syndicate vacancies should fulfill the following provision:
1- Shouldn't be disbarred ,or ignored from the lists of attorneys ,nor to be sentenced by a disciplinary punishment executed within the last three years .
2- Shouldn't be referred to the disciplinary council for a crime sentenced by a final verdict and contradicts with the duties of the profession .
3- Aged as provided by law .
4- Free of financial duties towards the bar and the branches .
The branch ascertains the availability of the provisions provided in article 46, for each candidate , the decisions should be justified enough to be supervised later .
The branch prepares white voting ballots correspond to the members . after calling upon him/her each member receives the ballot which is stamped by the bar's stamp , and a mark is to be put next to his/ her name in the record to indicate the receiving of the ballot .
A- The secret voting takes place in a private place ,away from sight and devoted for this purpose inside the hall ,the voter can write down the names of the candidates he/she elects ,then fold the ballot and put it in public in the voting box.
B- Each ballot doesn't match the provisions provided in article 48 will be neglected , names of non-candidates ,and names exceeding the required number of candidates at the down end of the ballot will also be neglected ,the chief of the session shouldn't recite the exceeded names ,and the names of non- candidates .
The head of the general congress chooses three members of the congress to supervise the elections until announcing the results ,the head of the general congress ,or a deputy calls the names free of titles or any other extra terms ,and announcing the results and the winning of the candidates who collected the more votes . in case of winning of equal votes ,the candidate who is preceding in the list has the preponderance ,in case of equality in votes and presidency in the list ,the preponderance goes to the elder in age and in case of equality in votes ,precedence in the list ,and age ,they should draw a lot .
The head of the general congress supervises organizing a record to enroll the number of presenting and electing members ,the number of votes each candidate obtained ,every procedure taken ,the objections ,the results of elections ,and the names of the winners ,also to enroll that ballots had been put in a special envelope stamped by the bar's stamp ,with signatures of the syndic ,the representative of the ministry of justice ,and the representative of the authorized bureau in the command in the record ,and on the envelope after have been closed and stamped by the bar's stamp ,this envelope is to be saved in the bar center ,and shouldn't be opened or shown but by authorized judicial body .
A- The members of the council have to hold a meeting within two days from the elections ,this meeting is devoted to elect in secret the syndic ,the deputy ,the secretary and the treasurer .
B- The missions to achieve the targets of the bar are to be distributed among the members of the council .
Challenges against the elections of the general assemblies of the branches after announcing the results do not suspend the meetings of the general congress ,and the results of such challenges don't affect the decisions of the general congress except in case of losing the required number majority or in case of lapse of membership of an elected general congress member .
The position of a general congress member is to be vacant in the following cases :
1- Disbarring for any reason .
2- Prevention from practicing .
4- Absence from assembling in general congress sessions for one year with no health cause or justifiable cause.
5- Resignation .
achieving the targets of the bar
The bar council puts an annual work plan within the first half of January every year ,the plan illustrates how to achieve the targets of the bar according to the law.
the syndic ,the bar council ,and the derived committees
The syndic represents the bar inside and outside the country he /she also ,heads the sessions of the general congress and the bar council and enforce their decisions ,and he/she can call the council for sudden meeting ,and move on the disciplinary case directly ,or upon a written compliment or report , he/she is also the demander of the expending ,and he/she is the head of the administrator and the financial systems of the bar .
The syndic can attend the meetings of the general assemblies of the branches ,and the meetings of the branches' councils , he/she heads these meetings if the invitation was based on decision of the bar council in case of necessity . a deputy is to be in charge when the syndic is absent or unable to practice his /her duties .
Seniority in attorney's' list is regarded when arranging the members of the branch despite of number of votes each of them had collect in elections ,since seniority is a basic rule in the professional relationships .
A- The branch holds its meetings in the bar location every month at least headed by the syndic.
B- The branch can sit the meeting and can hold a session in location of any branch , the agenda of every meeting is to be notified to the council members before the date of the session ,regarding implementing the rules of article 43 of the law.
C- Voting in council takes place publicly , except voting to elect the syndic ,the deputy ,the treasurer ,and the secretary which runs secretly .
D- The authors of the meeting record has to utter- before of the syndic -the legal oath to keep the secrets of the running delegation.
A- The syndic position is considered vacant in one of the following situations :
1- If disbarred for any reason.
3- Trust withdrawal.
B- The position of the member is also considered vacant in the following situates:
1- Situations mentioned in paragraph (A) of this article.
2- Three following times absenting from sessions without health or justifiable reason.
Article - 60-
The council manages all the bar affairs , everything connecting to the law profusion as stipulated by the law ,and supervises the properly performance of the branches ,as well as:
- Delegate one of the members _ assisted if necessary by a specialized clerk _for specified missions to the centers of the branches.
- Determine and dispend the compensations for the members of the council , the general congress ,and the missionary's for expenses paid for the law profession.
- Hire worker in the bar for administrative and financial jobs , and determine their duties and rights according to the special rules provided by the council and recognized by the general congress . these rules are also applied to workers in the branches .
- Put a special system for "almohamon" review , recognized by the general congress , in order to sustain the publishing and the issuing monthly , this system determines the way to direct , edit , finance , subscribe and issue provisions , and the number of the workers in it , and their rights and duties
- publish law ,scientific , and professional publications .
- Establish a law library in the bar location ,and supply it continuously by every sort of books and reviews .
- Subscribe to Arab and international syndic organizations .
- Submit reports about the council activities and the profession' situations to the general congress .
- Institute lawsuit cases , take the decision to appear in the lawsuit cases instituted by non- lawyers persons ,or intervene in such cases , taking the plaintiff capacity defending the rights of the bar and its branches and the subscriber's rights submerged from practicing the profession , and make reconciliation and drop it .
A- The secretary of the council supervises the written works ran by one attorney in name of the bar's registry manager . and supervises organizing and archiving the records and files of the general congress and the council .
B- The secretary suggests the council's agenda to the syndic .
C- The secretary invites upon a decision of the council , the branches' secretary to make meetings to look for the best ways to unify the professional methods and treatments among the branches , and the sufficient ways to organize relationships between the council and the branches .
A- The treasurer supervises the accounting facility of the bar ,and the accounting affairs in the branches ,and the execution of the rules of the financial system.
B- The treasurer invites _upon a decision of the council _the treasurers of the branches to make meetings to study and suggest the subsidiary budgets and coordinate among them according to the council's orders ,as well as studying and suggesting the best ways to develop the resources of the bar and the branches , and investing the funds .
C- The records mentioned in the financial rules are to be kept under supervision of the treasurer .
Chapter four :
committees of the council
In order to achieve the targets of the bar ,the council distributes missions to the members and to the derived committees under supervision of the syndic .
objection and its procedures before the bar council
A- The bar council determines the objections raised according to procedures mentioned in the Syrian civil procedures law when there is no special text in the law .
B- Where ever they had been mentioned in the law ,objections raised to the bar council should be registered in the registry office in the branch which had issued the decision challenged .
C- With regarding to article -100- of the special law of objections' dates , procedures law are to be followed to register objections .
D- The bar registry or the branch registry service the petition of objection to the adversary party . and just after the end of the period of answering ,the objection file should be sent to the bar council accompanied with :
1- Attested copy of the decision challenged .
2- The file of the decision challenged.
3- The personal file of the attorney who is one party of the objection.
4- An assurance fee of 200s.p is to be received for the interest of the bar treasury for each objection raised to the council and determined in the verdict issued in the case.
The date of objections to the council for the decisions of the branches connected to registering in list and disbarring from the list starts from the next day of syndic seeing the decision ,or from the next day of notifying such decisions to the syndic .
Establishing branches of the bar
1- When the conditions required for establishing a branch of the bar in any province are available , any practicing attorney in that province can submit an instance to the council to establish a branch .
2- The council investigates that the conditions required to establish a branch are available , then issue a decision for that case within three months from the date of submitting the instance ,with regarding to article /46/ of the law .
3- The decision of establish the branch is to be serviced to the ministry of justice and other official authorities .
The general assembly
The attorneys who had been ignored for not paying financial duties to the bar insinuations, or disbarred ,or deprived from practicing the profession for a disciplinary reason are not allowed to participate in the meeting of the general assembly.
1- The president-or who is legally a deputy of him/her- is to head the general assembly.
2- The secretary , or the person who is chosen by the president when the secretary is absent , will supervise editing the minutes of the general assembly's meeting .
3- The general assembly is restricted (confined) to the worktable legally determined , and to the subjects they are invited for . and they can determine adding any other subject to the worktable in majority of two thirds of the general assembly's votes, excluding the financial issues , unless they were already listed in the worktable.
A – After acquiring the approval of the Syndic the branch council determine the date, the place ,and the subject of the meeting of the general assembly according to the procedures settled by the law. convocations are sent from the president five days at least before the determined date using announcements in the branches' locations and in the halls of attorneys in the Court house. This announcements is considered as a personal notification to the branch members .
C- In case of legal quorum for the first meeting was not completed , a new invitations for a second meeting will be sent within fifteen days from date of the first meeting . the branch council can determine the date of the second meeting in the first invitation.
Rules of articles -45- and -54- of the internal rules are applicable to the general assembly after substituting the word "Syndic" with the word " president" . and the word " bar" by the word " branch" . and " general congress " by " general assembly" .
The president and the council of the branch
Article – 71-The president represents the branch in everything related to it ,heads the meetings of the general assembly and the branch council . and executes their decisions , and decisions of each of the bar council and the general congress . as well as inviting the branch council for meetings , and he/she is the dispensing demander for the branch , and he/she also heads the administrative and the financial systems of the branch.
Article – 72-
A- Seniority in the attorneys' list is regarded when arranging the members of the branch despite of number of votes each of them had collect in elections ,since seniority is a basic rule in professional relationships .
B- A worktable for each meeting is to be set and serviced to the members of the branch council before the date of the session . rules of paragraph B/2 of article 59 of this law are to be applied to determine the quorum of session , procedures of voting , availability of the required majority to take the decisions , the way of voting , and the vacating .
Article – 73-The president and the members of the branch are restricted to secrecy of delegations . the editor of the minutes of the branch council swears an oath to keep this secrecy .
Article – 74-
A- The branch council manages the affairs of the branch and achieves its targets acceding to an annual work plan set by the branch conical in the first half of January every year .
B- As soon as the annul plan is set ,the president sends a copy of it to the council .
c- The branch council also manages :
- Hiring workers in the branches and their subsidiaries establishments for administrative and financial jobs ,and define their duties and rights .
- Organizing the apprenticing lectures .
- Submitting annual reports to the general assembly about the activities of the branch and situations of the profession .
- Submitting reports to the council at the end of every three menthes each year about the activities of the branch and its professional situations .
D- in each branch ,the branch council selects a committee to supervise the implementing of article 109 of the law concerning attesting the contracts of all companies and how these companies are obeying this rule and raise a report about any offend to the branch council to take the proper legal steps toward the offenders .
The secretary of the branch supervises the written works and supervises organizing and keeping of records and files of the general assembly and branch council ran by an attorney in name of branch's registry manager.Article-76-
The treasurer supervises the accounting facility of the branch, and the execution of the rules of the financial system.
The records mentioned in the financial rules are to be kept under supervision the treasurer
The duties of the attorneys
A- Beside the duties mentioned in the law , the attorney is subject to the following duties under disciplinary pursuit (impeachment) .
B- The duties of the attorney are not limited by what is mentioned here .indeed every action performed by the attorney and can breach the dignity , the honor , the tradition, and the pride of the profession is considered a violation of duties .
The attorney has to respect precisely the duties laid by the rules of the law and by roles and customs and traditions of the profession towards judiciary , colleagues , and clients . and he/she also has to be confined in all his /her works to principles of honor , independence , and straightforwardness .
The attorneys -under disciplinary impeachment- have to respect the authorities , the decisions and the instructions of the general congress , the general assembly , the bar council , and the branch council . and they also have to implement such decisions and instructions , and to respond with no delay or halt to any request , or explanation , or information sent to them from the mentioned authorities , unless these information were restricted to the secret of the profession .
in order to avoid disparage or discredit himself , The attorney has to avoid involving in the cases vested to him/her .
In respect of a litigation before a court , it is prohibited for the attorney to excuse with private letters or conversations happened between him/her and another colleague unless this colleague has permitted that.
If these letters included a final agreement between the parties in the subjects the attorney is representing the client in, the attorney can reveal these letters in trail .
The attorney is not allowed to relay in arguments , pleadings, and opinions to uncompleted , wrongful , or transformed texts , judicial discretions , or law resources in a way that contradicts with the scientific confidence imposed on him/her , and when he/she is asked to give an advice, his/she is obliged to put the duty of honor and profession above any other duty.
The attorney is not allowed to accept the power of attorney (proxy)in name of another attorney working for his/her interest in a law case heard before a judge related to him/her with a connection , affinity, or kinship to the fourth degree , even if the adversary party accepted.
If a dispute occurred between two attorneys or more , or between them and a judge , they should not exceed the dispute , and they should also raise the dispute to the syndic , the president , the court house ' delegator , a member of the council , or to a member of the branch council presented at the court house.
A-The attorney should not litigate another colleague attorney in a penal action (lawsuit) when this colleague is a personal plaintiff for a crime committed against him/her , or he/she is a personal defendant. The prior permission of the branch council is required , and this permission can be obtained after the branch council hear the attorney .
B-In civil actions the attorney should notify and seek for permission of the branch council for litigation within one week , otherwise approval will be considered done. The attorney has also has to try to resolve the dispute amicably if possible and assure that the action of his / her client is not malicious .
C-In both penal and civil actions , the attorney has to avoid attacking the other attorney in arguments and pleadings , directly or indirectly .
It is prohibited for the attorney to add to his/her name on his/her advertising board , or on his/her papers any title or discretion but the title " the attorney" excluding the scientific titles gained by a recognized law and official certificates, the title of the syndic ,bar's member , and the previous and recent president.
It is prohibited for the attorney to give for publicity any declaration connected to any lawsuit he / she is pleading in , whatever this declaration was , or whatever circumstances he/she alleged . unless there is a prior special permission from the president.
It is prohibited for the attorney to announce himself/herself in a away that doesn't agree with the traditions of the profession , nor making an advertisements for himself/herself by any means.
It is prohibited for the attorney to put a board to indicate his/her office that can draw the attention , or of strong colors , or lighted with lights in order to announce his / her name. nor to put more than one outdoor board showing his / her name with title and the admitted description.
the attorney should meet the clients in the office . in some exceptional circumstances he /she can meet them in his/her house , or can go to their house .
but the attorney who gives consults regularly to an artificial person ,can go to the location of such artificial person for meeting , or to give an opinion in the cases raised by him/her .
the attorney should refrain from contacting with the adversary party of his client without agree or presence of the client himself/herself . and he/she should also refrain from contacting or meeting with the adversary party who had already retained an attorney , unless that attorney knows that and agrees for it .
If the attorney had ceased practicing the profession temporarily for a sudden compelling cause , he / she has to delegate on his /her responsibility one or more of his / her colleagues to continue the lawsuits he / she is pleading in if the cession was short . if the cession period is prolonged , the attorney has to charge one – or more – of his/her colleagues to continue these lawsuits after the permission of the client . if he / she failed in that , the branch council will take the proper actions to save the rights and the interests of the clients .
In case of making an agreement between the client and the adversary party in the office of the attorney , the attorney must not accept any fees but from his/her client only , unless parties agreed contrary to that .
It is prohibited for the attorney to devote part of fees to a non- attorney person .
It is prohibited for the attorney who had received a document to view from a colleague to give it or redeliver it to anybody , or to make any deletion , or misrepresentation in , or write any comment on it .It is also prohibited for the attorney to left such document in hands of his / her client to copy its contents of .
It is prohibited for the attorney to speculate in operation of selling and buying assets ( funds) , or buying debts , or lend his/her name for such works .
It is prohibited for the attorney to evade from satisfying a personal debt , or to escape from creditors pursuit by using unlawful means .
It is prohibited for the attorney to wear the attorney's garment while he/she pleads in a personal lawsuit for his/her own.
It is prohibited for the attorney to correspond or communicate directly or indirectly with prisoners or detainees in sake of obtaining a letter of attorney from them to himself /herself.
It is prohibited for the attorney to contact with the witnesses of the adversary party , or meat them to pursuit them to abstain from testifying what they know . it is also prohibited for the attorney to lead the witnesses of his/her client to the content of the testimony they will testify in a manner that contradicts with the truth .
A- When accepting retaining in a lawsuit that previously another colleague attorney was retained in , the attorney has at first to obtain the written approval of the mentioned colleague , and he / she also has to communicate with him /her directly , and consult him / her in every thing about the interests of the client .
B- When accepting retaining in a lawsuit that previously another colleague attorney was retained in and disputed with the client , the attorney has to try to obtain the written approval of the mentioned colleague , and he / she also has to try to exact the legal attorney fees for that mentioned colleague .
C- When obtaining the approvals as described above become unachievable , the attorney has to seek the approval of the president of the branch council which should not be refrained but for justifiable reasons .
Attorneys have to maintain the duty of mutual respect , and pay much respect to all of recent and previous syndics , council members , and presidents of the branches . and they have also to allow the recent syndic , the council members , and the presidents and members of the branch councils to see their lawsuits with no delay . the senior attorneys should show more care , passion , and advices to the beginners attorneys .
When the attorney listed in a branch move to the area of the another branch to plead there in a lawsuit , he / she should visit the president of that last branch , he /she also has to contact with the attorney of the adversary party in that lawsuit to recognize himself / herself before attending the session in the court . the attorney of the adversary party had to welcome him / her and ease his / her mission , and introduce him / her to the judge they will plead before .
It is prohibited for the apprenticing attorney to take the title " the attorney " if he / she didn't mentioned before it the word " the apprentice " during the apprenticing period , or on his / her papers , published items , and memories he / she uses . It is also prohibited for the attorney to open an office for himself / herself , nor to put an outdoor indicating name board .
He / she is not entitled to accept any letter of attorney for himself / herself except for conciliation lawsuits. And he / she even should not accept such brief if the attorney of the other party was his / her trainer-attorney , who is the owner of the office where apprenticing is taking place .
A- If intermittent absence of the attorney has exceeded ninety days in one year , his / her residence in the branch area will not be considered as a positive residence .
B – If it is not exceeding two months a year , the continuous absence of the attorney will be considered lawful if the branch council found that the cause of the absence was justifiable .
The disciplinary authorities
The branch council practices the powers of the disciplinary authority , and when the absolute majority is available , the quorum is considered lawful .
When a complaint of a disciplinary contravention is submitted , the syndic or the president can preserve it without doing any investigation about it if he/she realized that it is not competent in form or in subject . he / she also has to inform the general prosecutor about this decision if the compliant was transferred to him / her from the general prosecution department .
1- The syndic or the president can investigate about t he compliant by himself / herself , or by delegating any member of the council of the bar or the branch . he / she also can hear the complainant and the attorney in private or in confrontation of each other , then he / she determines to institute the disciplinary action , or not .
2-In every situation , the syndic or the president can re-investigate and take the lawful procedures for any complaint had been reserved before or after the initial investigation .
The syndic or the president can resolve the disputes merging between attorneys amicably without resorting to the disciplinary measures , and can also (if required) direct a unrecorded fraternal notice .
When the syndic – or the president - assigns a referendary according to article -88- of the law , this referendary should inform the attorney who is a subject of a compliant about what is alleged against him / her . and show him / her all the papers and documents accompanying the complainant , and hear his / her statement , and he / she can also hear the witnesses and do any thing can prove the truth.
When carrying out the investigating for the complaint ,and hearing the attorney who the complaint was against . the delegator has to respect the values of fellowship , honor , rectitude . and he /she has to treat the attorney very well during the hearing .
The attorney can demand the aid of a colleague of him / her when interrogated .
Unless he / she is restricted to the secret of the profession , the attorney has to answer the delegator's questions frankly and clearly about everything in the complaint , and about every other question .
The delegator sets a report including results of investigation in relevant way without expressing his / her opinion , then he / she raises this report to the syndic or the president who will determine to establish the disciplinary action or not .
1- The disciplinary council can –when the complaint is transferred to them , and on basis of the report set by the delegator – determine to carry out a further investigation if required , and they can also cease judging the action , waiting for deciding a matter connected to the action.
2- The disciplinary council discusses the complaint beginning with the opinion of the newer member in seniority and ending by the president .
The attorney is called before the disciplinary council by a letter signed by the chief of the council , the letter is in two copies , one of them should be signed by the attorney as a mark of delivery .
The assembly of the disciplinary council and the retained lawyer of the attorney , they all wear the attorney's garments .
The attorney should be given a sufficient period not less than seven days before trailing him / her before the disciplinary council , in order to enable him / her to prepare the means of defense , and to appear before this council .
A- Unless there is an important reason , or a compelling condition appreciated by the disciplinary council , the attorney has to appear before the disciplinary council.
B- If the attorney had legally received the note letter of calling and didn't appear , or he / she hadn’t reveal an excuse accepted by the disciplinary council , or even if he/she had attended one session and abstained the rest of them , the trial will be considered as " present " towards him / her .
C- the decisions of the disciplinary council are subject to challenge before the bar council . the challenge is raised by who is concerned , according to procedures and dates declared by law .
A- Any lawyer can be trailed before the disciplinary council .
B- When the compliant is against a syndic in charge . the compliant should be submitted to the council .
C- The council refers the compliant to the most senior syndic in the attorney list .
D- The senior syndic detects the complaint , if necessary he / she refers it to a disciplinary council assembled by the council out of three former syndics , one of them is to be the referendary according to a decision of the said disciplinary council .
E – When the complaint is against a branch president in charge , the complaint will be detected and referred if necessary by the syndic in charge to a disciplinary council assembled out of three attorneys had occupied formerly the positions of a syndic or a branch' president . one of them is to be the referendary according to a decision of the said disciplinary council .
Abandoning the complaint doesn't extinguish the disciplinary action .
The disciplinary council has at least to enable the attorney complained-from to make an advantage of the defense guarantees stipulated in the penal procedures law .
The disciplinary council has the right to carry out the investigation and to build its own contentment by every proving means .
The silence performed by the attorney isn't recognized as an evidence of proving what is alleged in the complaint . the action should be conserved if the alleged events or acts hadn't proved by other way .
The attorney who is prosecuted before the penal court for an act constitutes a crime can't escape from prosecution before the disciplinary council when the same act constitutes also a disciplinary contravention , even if a verdict of innocence is pronounced .
The disciplinary council is not obliged basically to delay determining the disciplinary action until the penal or the civil action carried out for the same act is determined .but the disciplinary council has to cease the trial if it was impossible to distinguish the elements of the disciplinary mistake from the elements of the criminal mistake . or if the disciplinary mistake was nulled when civil or criminal right is nulled .
A- In conditions when a disciplinary fault is alleged to be committed by an attorney in area of a branch , the president of this branch has the right to interrogate that attorney , set the disciplinary action against him / her in motion , and bring him /her to the disciplinary council in that branch even if he / she is not listed in there , and inform the bar council and the president of the attorney's branch by that event .
B- The syndic is entitled , when the complaint is transferred to him , to set the disciplinary action against that attorney in motion , and - if necessary - bring him /her to the disciplinary council of the concerned branch .
The effects of the disciplinary punishments
A – It is prohibited for any attorney had been banned by final verdict from practicing the profession to practice any work of this profession by himself /herself , or by another attorney during the period of the ban . it is also prohibited for him/ her to participate in the meetings of the general assembly , or the general congress , or to wear the attorney's garment . but he / she still subject to the compelling rules and duties imposed on the attorneys according to the law and to the ethics and traditions of the profession .
B- If the banned one was an apprenticing attorney , the period of banning will be deducted from the period of apprenticing .
The disciplinary disbarring is not a punishment for life . the branch council can rehabilitate the attorney perpetually disbarred according to article -86 – paragraph (H) of the law , and rebar him / her again if he / she – after disbarring – behaved in a good manner , so the deeds had caused him / her to be disbarred are forgotten .
A- The attorney who had disciplinary convicted of disbarring or banning from practicing the profession for one year or more , he / she has to submit to the president within fifteen days from the date of the disciplinary verdict becomes final a list of lawsuits he / she was advocating in , and the courts where these actions are advocated before .
B- The president has to circulate to all of the ordinary and extraordinary courts , the arbitration committees , and the general prosecution department to warren them to not accept the convicted attorney to advocate or plead before them . and tell them about the necessity to call the clients to attend personally in the courts , or retain another attorney along the period of disbarring or banning .
C- The attorney who had disciplinary convicted of banning from practicing the profession for less than one year, he / she has to submit to the president within ten days from the date of the disciplinary verdict becomes final a list of lawsuits he / she was advocating in , and the courts where these actions are advocated before , and name of the attorney chosen by his / her ex-client to continue these actions , otherwise the rules of paragraph (b) of this article will be applied .
D- The president has – in any way -to circulate the name of the convicted attorney after the disciplinary verdict becomes final to the offices of notarizing the letters of attorneys all around the country . and these offices should refrain from notarizing any letter of attorney to that attorney .
When the attorney who had disbarred for a disciplinary reason gets re-barred again , his / her seniority in the attorneys list is defined on basis of the period of practicing , and he / she can't relay on his / her former seniority .
Laws of amnesty do not affect re–barring when the acts comprised by the amnesty law violates duties and dignity of the profession and degrades its prestige . the branch council and the bar council keep their complete discretionary powers in this respect .
Each final verdict of disbarring off , striking off the roll , banning from practicing the profession , warranting , blaming , and recorded rebuking are to be recorded in a special record .
The virtual disbarring
Wherever it has been mentioned in this law , the virtual disbarring is always subject to the following rules :
A – When the application forwarded from the attorney who had lost one provision of the provisions required to practice the profession , the council of the concerned branch makes a decision of disbarring towards that attorney .
B- If the attorney didn't forward the application during the legal period , procedures explained in articles ( 122) and (114) of this rules should be followed for disbarring.
C-The refrandary sets a report including results of investigations in substantive way . and gives his / her opinion , then rises this report to the president who will show it to the branch council to take the proper decision .
The virtual disbarring is a disciplinary punishment practiced by the branch council in reliance on the rules of items (B,C,D) of the previous article , and the verdicts issued constructively are subject to challenge according to the rules and the dates determined for challenges.
Fees –cooperation – aid
Estimating the fees
The branch council estimates the attorney fees .the quorum is considered legal when the president and two members at least are present .
when estimating the attorney fees , the branch council is restricted to the rules of the civil procedures law in everything not provided for in law no.(39) of 1981.
Complaining from the decisions of committees of aid and cooperation
The branch council decides about the complaints against the decisions of the cooperation and aid committees .the quorum is considered legal when the president and two members at least are present .
Complaining from the decisions of the cooperation and aid committees can be practiced by the president , or by the concerned person as provided for in article 26 item –c- of aid system .
Before determining about the complaint , the panel judging the complaint should hear the sayings of the complainant, and give him / her the way to prove his / her point of view .
The records of the Bar and the branches
Under supervision of the council's secretary , or the branch secretary , as required , the next records are organized as follows :
1- Record of incomings : the conclusions of all memorandums , papers , and letters delivered to the bar or to the branch should be registered consequently with serial number according to date of each of them . results of such documents should be indicated in a special field .
2- Record of outgoings : the conclusions of all correspondents sent out from the bar or from the branch should be registered consequently with serial number according to date of each of them .
3- Record of minutes of sessions of the general congress , or the general assembly : which includes the events of the sessions of the general congress , or the general assembly respectively , revealing the names of the present and the absent members , the excuses for absence when available , the conclusions of running arguments , and the serial number of the decisions taken , with numbers of agreeing , opposing , and abstaining votes . and each member has the full right to record his / her opinion about any subject if he / she wants to. and conforming the minutes records of the former session takes place at the beginning of the next session. The records of minutes is numbered serially , and signed by the syndic , or the president , the secretary , and the records keeper . then it will be stamped with the bar's or the branch's stamp , and collected in a special record .
4- Record of decisions of the general congress , or the general assembly : which includes successively the full texts of the decisions issued by the general congress , or the general assembly respectively , according to date of each , numbered serially , and signed by the syndic , or the president , the secretary , and the records keeper . then it will be stamped with the bar's or the branch's stamp , and collected in a special record .
5- Record of minutes of sessions of the council , or the branch council : which includes the conclusions of the sessions of the bar council , or the branch council respectively , regarding date , and procedures followed in the recording of minutes of sessions of the council , or the branch council .
6- Record of decisions of sessions of the bar council , or the branch council : which includes successively the full texts of the decisions issued by the bar council , or the branch council regarding date , and procedures followed in the recording of minutes of sessions of the council , or the branch council , in addition to signature of all present members .
7- Record of challenges : all challenges raised to the bar' council will be recorded successively under supervision of the record keeper after the affirmance of the concerned person before the syndic or one member , or the authorized president , or his / her deputy.
8- The personal record at the branch :
A- It consists of a collection of cards for all attorneys listed in that branch not exceeding 100 cards in every record . each card contains the conclusion of the attorney's ID , date and number of the decision of accepting the attorney for apprenticeship , the scientific titles he / she had gained , date and number of decision of rendering him /her the title of " master attorney" , and the professional positions he / she had occupied . An ID photography is to be stuck on the card , and compliments and final disciplinary decisions will also be recorded in the notes field.
B- Each branch should send to the bar council a copy of the attorney's card signed by the president , the branch secretary , and the keeper of the branch' record. The branch also provides the bar council with copies of the sudden happenings on data mentioned in the card , in order to keep the copy held by the bar matching the copy held by the branch.
9- The personal record at the bar :
A-It consists of copies of the personal cards for all attorneys listed in the branches .
B-Under supervision of the secretary , the keeper of the bar's record inscribes the sudden happenings in virtue of additional data provided from the branch to the council.
10- Record of the library : the titles of all books in the library of the bar , or in the library of the branch are to be inscribed -in serial number – in this records , according to subjects , name of author , and date of acquiring . the names of the donator should be mentioned next to the title of the donated book. The bar council - or the branch council - organizes the library and the procedures of borrowing the books.
11- Record of the employees : names , Id's , photographs , and sudden happenings to these data of the employees of the bar or the branches will be fixed in this record.
The council's secretary , or the branch's secretary supervises organizing the next files :
1- the personal file of the attorney in the branch : A- includes all documents , papers , and files belonging to every attorney starting from day of recording. B- the branches provide the bar council with copies of the sudden happenings on this file , signed by the president , the branch secretary , and the keeper of the branch ' records.
2- the personal file of the attorney in the bar : includes copies of the personal file of the attorney listed in the branch.
3- the personal file of the employees of the bar , or of the branch : includes all documents , papers , and files belonging to every employee in the bar or in the branch , or any subsidiary department starting from day of employment.
The pages of all records should be stamped by the stamp of the bar or of the branch as required . numbers of pages for every card are to be written in a clause signed by the syndic , or by the president , and the council's secretary , or the branch's secretary , and the registry manager in the bar or in the branch , and stamped by the bar's or the branch's stamp before using for records 1 , 2 and 10 and after binding for the other records.
The financial records should be stamped by the stamp of the bar , or by the stamp of the branch respectively . numbers of pages of every record should be defined by a written statement signed by the syndic , or by the president , or by the treasury of the branch ,plus the signature of the manager of the accounting system and stamped by the bar's or the branch's stamp before use.
Black or blue inks are to be used for writing and recording in every event . while red ink is used for corrections and deletions , and this to be indicated typically .
A – the applications and the forms which the bar council consider them necessary to emphasize and unify the work in all branches are added to the bar records.
B- In order to unify the method of work in all branches , the bar prints all records , applications , forms , and files of every kind , and disturb them to the branches in value for the interest of the retiring fund.
C- when the records , the registers , and the books belonging to the bar and its subsidiary institutions are free of fabrication and counterfeit , they have the power of absolute proofing .
Law firms –cooperative offices – and joint offices
Firms of attorneys
A- It is allowable to establish civil professional firms incorporate several solicitor attorneys as partners , and the subject of these firms is practicing the law profession .
B- The contract of the firm should be written , and should be recorded at the branch where the incorporating attorneys are living . and so far every further change happens.
C- The incorporating attorneys in one firm can not plead against each other, or to represent the two deferent parties of the litigations , lawsuits , cases , and other actions .
D- It is allowable to the partners to put an outdoor indicating board , and to use published items revealing their firm .
It is prohibited for the incorporating attorneys to open – excluding the firm' office- private offices for each of them.
A- It is allowable to every incorporating attorney to withdrew or leave the firm any time , but he / she should tell the other partners at least three months before the withdrawal .
B- The partners still committed to continue the joint trails and cases , unless they stipulated something else with the clients.
the incorporating attorneys have to try to resolve the disputes merging from the firm amicably , or by arbitration . otherwise the branch council will determine about these disputes .
A - It is the responsibility of the bar to encourage establishing cooperative offices , and practicing the profession on a cooperative basis , with all means required for cooperation to achieve the aims stipulated by the law .
B- The council has to form a committee out of the council members , assisted by specialists , in order to lay down a full system for practicing the profession cooperatively within six months from date of activating these internal rules.
A-After informing the president previously by a letter signed by all of them , It is allowable to several attorneys to share one office containing waiting hall , common facilities , and independent private room for each of them to practice the profession .
B-It is not allowable to fix an outdoor name board indicating to the joint office. Instead of that , each one of them has the right to fix an outdoor name board indicating his / her name privately .
C-The establishing of the joint office is laid down in a written document determines the joint expenses and shares of every attorney in these expenses .
D-When disputes merge between the attorneys of the joint office , it should be resolved by the way mentioned in article (150).
The court house' delegator
A- In cities where there are several court houses , the branch council assigns one – or more – solicitor attorney of at least more than ten years of practicing as a court house delegator .
B- The task of the court house delegator is to watch the conducts of the attorneys before the courts , and in the departments of the courts . and transfer quickly the important issues happening during practicing the profession to the president , or to a member of the branch council presents in the court house or in the branch location in order to take the proper reaction .
The library of the bar, and the libraries of the branches
A- The bar council , and the branches will furnish a library at the center of the bar , and at the branches' , and supply these library continuously with different books , law reviews ,and Arab and international resources.
B- Under supervision of the branch council, the library keeper organizes and controls all affairs of the library , and he/she is responsible for it .
Every attorney listed in the list of the attorneys are entitled to inter the library , and read in the books and the documents kept there.
It is prohibited to borrow or take out any book , review , document , and any other contents of the library , unless permitted by the syndic or the president.
The assistants of the attorney
A- It is allowable to every attorney to hire an assistant engaged to the attorney's office. And charge him/her for tracing the written procedures in the courts and in the exaction departments.
B- The assistant should practice the works under the supervision of the attorney he/she works for.
The assistant should be a Syrian citizen , not convicted for a criminal or misdemeanor honor –breaching crime . he / she should also have a good reputation , and shouldn't be a clerk or an employee in any judicial department or in any exceptional ( extraordinary ) courts.
A- The attorney who wants to hire an assistant has to submit an application to the president of the branch who demands an investigation for about the moralities of the suggested person .
B- After the approval of the branch council , and after paying the fees when the result is satisfying , the president gives the permission .
C- In the respect of giving or depriving the permission , the branch council has a full discretionary power .
After the approval of the branch council , the president has the right to withdrew the permission any time if the assistant lost one of the qualifications required , or he / she violated the limits of his / her duty .
The bar identity, badge ,and license
A- Each apprentice is given - at time of registration – an apprentice identity card of the bar official form .
B- Each free – of – practicing attorney , and each apprentice moved to the list of the "masters" solicitors is given a solicitor identity card of the bar's official forms .
C- A new Id card can be given instead of a lost one after the branch council ascertain that fact .
A- Every attorney can obtain the bar's badge of the appointed shape.
B- A new badge can be given instead of a lost one after the branch council ascertain that fact .
C- The syndic puts on the golden badge . this badge is also given by a decision of the council to the persons who had made a great achievements to the profession or to the bar .
A- When the apprentice , or the free-of-apprenticing become registered as a solicitor attorney , he / she is given a license of attorneyship .
B- No copies of the license is given . instead of that an attested statement of the content of the license is given when required.
All rules , decisions , and systems oppose , contradict ,or disapprove with these internal rules are considered abolished .
These internal rules are applicable from day of affirming .
Translated by Osama Abdelwahed
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