Legal Reform Bill nears final review

Daily Tribune

2 days ago

A draft law to rewrite Bahrain's legal profession, requiring insurance, barring lawyers from public posts, and imposing fines of up to 10,000 dinars, has almost cleared Parliament's Legislative and Legal Affairs Committee, according to sources familiar with the matter.
The committee expects to finish its review within two months. Once done, the bill will be passed to the Bureau, which will decide when to put it before the full chamber.
The draft introduces several new requirements, starting with compulsory professional liability insurance. Lawyers would need to maintain an active policy throughout their time on the roll. Those found in breach may face a written warning, suspension, a requirement to attend training, or a financial penalty. The bill also expands the definition of misconduct to include violations of any regulation issued under the law. Civil and criminal liabilities remain untouched.
The penalty of 'reprimand' is removed. Warnings must be issued in writing. A ban from practice becomes a formal suspension.
Trainee lawyers
Trainee lawyers would face tighter restrictions. They would only be allowed to represent clients in minor courts, using their own name, and always under the direct supervision of a qualified lawyer. They would not be allowed to open their own office. Joining the profession would also require passing a training course and an entrance exam approved by the ministry. Article 4 of the bill states that legal practice may not be combined with roles in government, Parliament, state bodies, banks, companies or associations. A Royal Decree may grant an exception, but only following Cabinet recommendation. A central roll will be kept by the ministry.
It will include lawyers' names, places of residence and offices of work. The roll will be divided into categories for practising, non-practising and trainee lawyers. Further sub-rolls will cover those licensed to appear before specific courts, including minor, major, appeals, cassation and constitutional.
Foreign lawyers
Foreign lawyers may, under specific terms, appear in Bahraini courts if paired with a local lawyer licensed to practise at the top level. They are barred from handling criminal, administrative or Sharia matters.
Eligibility
Eligibility rules remain unchanged in principle. Lawyers must be Bahraini, of full legal capacity, hold a law degree and be of sound character. A new rule would require them to submit proof of valid insurance from a licensed Bahraini provider. The minister will decide the minimum coverage amount for each lawyer category.
Article 12 removes reference to the Minister of Justice and Islamic Affairs in relation to removal from the roll for non-payment. A lawyer struck off for failing to renew must pay both the late and re-entry fee to be listed again.
Article 13 instructs lawyers who stop practising, either permanently or temporarily, to request transfer to the non-practising roll. Those who return may apply to move back to the practising or trainee roll, depending on their status.
If the committee completes its work on time, the bill may be scheduled for debate before the end of the year. The proposed law rewrites how the legal trade is structured and supervised in Bahrain.