Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
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Regulation of Legal Profession
Law · 1970-03-11 · 118 articles
Sole Article — The draft law contained in Decree No. 9046 dated 30 December 1967 concerning the regulation of the legal profession is hereby ratified, as amended by the Administration and Justice Committee following the substitution of the word 'company' for the word 'institution' and the word 'companies' for the word 'institutions' in Articles 62, 63 and 64. This Law shall enter into force upon its publication in the Official Gazette.
Section 1Preliminary Provisions
Preliminary Provisions
Subsection 1The Legal Profession
The Legal Profession
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Section 2Practice of the Legal Profession
Practice of the Legal Profession
Subsection 1Acquisition of the Title of Lawyer
Acquisition of the Title of Lawyer
Subsection 1a1 — Conditions for Lawyers
Subsection 1b2 — Registration Procedures
Subsection 1c3 — The Lawyer's Oath
Subsection 1d4 — Registration of Trainee Lawyers
Subsection 1e5 — Incompatibilities and Limits on Practice
Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Subsection 2Traineeship
Traineeship
Subsection 2a1 — Rights of the Trainee
Subsection 2b2 — Duties of the Trainee
The Trainee Lawyer
A trainee lawyer may not use the title "Lawyer" without adding the designation "Trainee", and may not establish an office in his own name before completing his traineeship.
Transfer from One Office to Another
A trainee lawyer may transfer during his traineeship period from one lawyer's office to another, provided he notifies the Bar Council and obtains the consent of the new office and the Bar Council.
Appearance by the Trainee
During the period of his traineeship a trainee lawyer may appear in the name of the lawyer in whose office he trains before the following courts: 1 — Courts of first instance and committees and councils of all kinds. 2 — The Court of Appeal for misdemeanours, for the convicted party only. 3 — The Criminal Court, for defendants.
Appearance by the Trainee in His Own Name
A trainee lawyer has the right to appear in his own name before all courts except those in which he is restricted by his entry in the general roll.
Traineeship Lectures
The Bar Council shall organise traineeship lectures for trainee lawyers at times determined by the President of the Bar. The President of the Bar or his designee shall chair the traineeship lectures, manage their conduct, lead discussion on their topics and draw up a register of the trainee lawyers who attend. Any trainee lawyer who attends at least two-thirds of the traineeship lectures shall have his traineeship period extended only by a decision of the Bar Council.
Composition of the Bar Council
The Beirut Bar Council shall be composed of twelve members including the President of the Bar, and the Tripoli Bar Council shall be composed of six members including the President of the Bar. The Bar Council shall regulate the manner of electing the President of the Bar and the members. Former presidents of the bar are permanent members of the Bar Council but do not vote.
Election of the Secretary-General, Treasurer and Delegate to the Palace of Justice
The Bar Council shall meet at the invitation of the President of the Bar within three days of each election and shall elect by secret ballot the Secretary-General, the Treasurer and the Delegate to the Palace of Justice.
Term of Office of the President of the Bar
The term of office of the President of the Bar shall be two years. It may not be renewed except after two years have elapsed since the expiry of his term.
Term of Office of Bar Council Members
The term of office of Bar Council members shall be three years. One-third of the members' terms shall expire each year, and no member may be re-elected more than once except after two years have elapsed since the expiry of his term. In the exceptional circumstances in which more than one-third of the members are elected at one time, a draw shall be conducted among the elected members immediately upon completion of the election process and at the first meeting held by the Bar Council, in order to ensure the application of the principle of annual renewal by one-third as provided in the first paragraph. The President of the Bar's membership for the duration of his term as President shall be exempt from the draw, and the term of the member eliminated by the draw shall be considered a full term regardless of its duration.
1. Article 2 of Law No. 83/21 of 1983/8/26 provides as follows: 'A draw shall be conducted among the members of the Beirut Bar Council elected in 1981 immediately upon the entry into force of this Law to eliminate the membership of two-thirds of its members. After the election of replacement members, a further draw shall be conducted among them to select four members whose term shall exceptionally be two years instead of three.'
Amended 1983
Election of the President of the Bar
No lawyer may be elected President of the Bar unless at least twenty years have elapsed since his registration in the roll of practising lawyers and unless he is a member of the Bar Council. No lawyer may be elected a member of the Bar Council unless at least ten years have elapsed since his registration in the aforementioned roll.
Candidacy
Candidacy nominations for the position of President of the Bar and for Bar Council membership shall be submitted to the Bar Council by the candidate himself or by at least five lawyers entitled to participate in the General Assembly. Nominations submitted after the first of October of the year in which the election is held shall be rejected.
Legal Requirements
The Bar Council shall verify that the candidacy satisfies the legal requirements and shall issue its decision accepting or rejecting it before the tenth of November; otherwise the candidacy shall be deemed accepted. The Bar Council's decision shall be communicated to the candidate by registered letter immediately upon its issuance and a copy shall be posted at the entrance of the bar association's headquarters.
Appeal against a Decision to Accept or Reject a Candidacy
The decision accepting or rejecting a candidacy may be appealed by any interested party within three days of the date on which the decision is deposited in the bar association's registry. The Court of Appeal shall decide on the matter in chambers within three days.
The Election
Elections shall be conducted by secret ballot. All other procedural rules for elections shall be determined by the internal regulations.
Victory in Elections
The candidate who obtains the relative majority of votes cast shall be declared elected. In the event of a tie, the one most senior in the bar association's roll shall prevail, and in the event of equal seniority the older candidate shall prevail.
Vacancy of the Position of President of the Bar
If the position of President of the Bar falls vacant for any reason, the General Assembly shall be convened within thirty days of the date of the vacancy to elect a new President of the Bar if the remainder of the term exceeds six months, and the newly elected President shall complete the remainder of the previous President's term. If the remainder of the term is less than six months, the Secretary-General shall assume the duties of President of the Bar by delegation until the end of the term.
Vacancy of a Bar Council Seat
If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant up to one half of the members, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If seats comprising more than half of the members fall vacant before the first transition, the extraordinary General Assembly shall be convened within a period of one month, during the first ten days of which candidacies shall be submitted for the election of those who will fill these seats. In all the foregoing cases, the successor shall serve the remainder of his predecessor's term.
1. Article 53 as originally enacted by Law No. 8 of 1970/3/11: 'If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant to the extent of two-thirds, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If two-thirds of the seats fall vacant before the first transition, the extraordinary General Assembly shall be convened to elect those who will fill these seats. In all the foregoing cases, the successor shall take the place of his predecessor for the remainder of his term.'
Amended 1991
Dissolution of the Bar Council
The Bar Council shall be considered dissolved if the number of vacant seats exceeds two-thirds. In this case the extraordinary General Assembly shall be convened to elect all members of the Bar Council, while the President of the Bar shall remain in his position.
Deemed Resignation of a Bar Council Member
Any member of the Bar Council who is absent from three consecutive meetings without an acceptable excuse shall be deemed to have resigned.
Valid Sessions
Sessions of the Council shall be valid only if held at their scheduled times or at times determined by the President of the Bar.
Quorum
Sessions of the Council shall be valid only when an absolute majority of its members are present.
Council Decisions
Council decisions shall be taken by a majority and in the event of a tie the side on which the President of the Bar voted shall prevail. Any interested party shall have the right to obtain from the bar association's registry a certified true copy of the Council's decisions.
1. Article 58 as originally enacted by Law No. 8 of 1970/3/11: 'Council decisions shall be taken by a relative majority and in the event of a tie the side on which the President of the Bar voted shall prevail.'
Amended 1991
Jurisdiction of the Bar Council
The Bar Council shall be competent to manage the affairs of the bar association and shall have in particular the following powers: 1 — To decide on applications for membership of the bar association and on applications for appointment to bar association posts. 2 — To draw up and amend the bar association's internal regulations and all other regulations relating to the bar association. 3 — To determine and amend the registration fee and to collect it. 4 — To implement the resolutions of the General Assemblies. 5 — To prepare the annual budget and implement it. 6 — To mediate between lawyers in disputes relating to the practice of the profession. 7 — To convene general meetings. 8 — To represent the bar association at international professional conferences. 9 — To correspond with authorities and to express opinions on matters within the bar association's purview. 10 — To seek placements for trainees in lawyers' offices. 11 — To supervise the conduct of lawyers. 12 — To issue instructions to lawyers relating to the practice of their profession. 13 — To supervise lawyers' chambers and all institutions affiliated with the bar association. 14 — To grant leaves of absence to those who are prevented from practising law and to determine the conditions of such leaves. 15 — To organise the traineeship and to decide whether it has been completed or to extend its duration. 17 — To establish financial prizes to be paid from the bar association's fund to those who diligently serve a worthy cause. 18 — To decide on financial assistance for lawyers.
2. Former paragraph 16 of Article 59 as enacted by Law No. 8 of 1970/3/11: '16 — To settle definitively disputes relating to bar titles through a committee of its members.'
Powers of the President of the Bar
The President of the Bar shall represent the bar association and shall have in particular the following powers: 1 — To supervise its administration and to defend its rights. 2 — To chair the General Assembly and the Bar Council, to implement the decisions of each of them, and to sign the contracts they approve. 3 — To litigate in the name of the bar association, with the right to intervene personally or through a Bar Council member of his choosing in every case of concern to the bar association or to one of its lawyers, and to assume the role of civil plaintiff in every case involving acts that affect the dignity of the bar association or one of its members. 4 — To appoint a representative of the bar association in the seat of each judicial district, to determine his powers and to dismiss him. 5 — To appoint the lawyers assigned to defend those who are granted legal aid and the lawyers assigned, when necessary, to defend defendants and juveniles. 6 — To work towards the resolution of disputes arising between lawyers on professional matters.
Compliance with Principles of Honour, Integrity and Probity
A lawyer shall in all his dealings comply with the principles of honour, integrity and probity, shall perform all the duties imposed on him by this Law and shall respect the ethics and traditions of the legal profession.
Witnesses to a Case
A lawyer is prohibited from contacting witnesses to a case entrusted to him, from listening to their testimony before they give it, or from discussing with them any matter relating to that testimony.
Purchase of Rights
A lawyer is prohibited from purchasing contested rights.
Professional Civil Partnerships
Professional civil partnerships may be established, bringing together lawyers practising before the Court of Appeal as partners. The object of such civil partnerships shall be the practice of the legal profession. The partnership deed shall be in writing or registered with the bar association, as shall any amendment thereto. Lawyers who share or collaborate in a single office may not act in opposition to each other, nor may they represent opposing parties in transactions or cases.
1. See the Law of 1932/3/9 (Code of Obligations and Contracts — Article 844 and following articles) relating to civil partnerships.
The Lawyer's Office
A lawyer must maintain an office in the area of the bar association to which he belongs and may not maintain more than one office.
Prohibited Conduct
A lawyer is prohibited from soliciting clients whether by means of advertising, the use of intermediaries or touts, or by any other means. He may not allocate a share of his fees to any person who is not a lawyer.
Advertising
A lawyer is prohibited from advertising his office. He may not affix to his entrance more than one sign bearing his name.
Performance of Duties
A lawyer is responsible to his client for the performance of his duties in accordance with the provisions of the law and the terms of his retainer.
Withdrawal
A lawyer may withdraw from a retainer after accepting it, provided he notifies his client and the court of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal. If the lawyer is for any reason unable, particularly where the client is resident elsewhere, to notify the client of the withdrawal from the retainer, the matter shall be referred to the court handling the dispute, which shall give a final ruling on the validity of the withdrawal after the lawyer has demonstrated before it that notification to the client proved impossible. In such case the court shall relieve the lawyer of his obligation to represent his client and the subsequent procedural steps leading up to the withdrawal shall be communicated to the client in accordance with the legal rules of procedure.
2. Article 88 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may withdraw from a retainer after accepting it, provided he notifies his client of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal.'
Amended 1991
Return of Documents
Upon completion of his mission a lawyer shall return to his client the documents he received from him, if so requested. The client's right to request the return of documents shall lapse five years after the conclusion of the case.
Retainer for the Client's Adversary
A lawyer may not accept a retainer for his client's adversary or provide that person with any assistance, even in the form of an opinion, in cases in which he has previously accepted a retainer or in cases related thereto, even after the termination of his retainer.
Consultation for the Client's Adversary
A lawyer who receives annual or monthly fees for actions or consultations may not accept any action or provide any consultation for his client's adversary.
Professional Secrecy
A lawyer may not disclose any secret entrusted to him or which came to his knowledge through the practice of his profession, even after the termination of his retainer. He may not testify against his client in cases in which he holds or has held a retainer.
Seeking Permission from a Colleague or the President of the Bar
A lawyer who is entrusted with a retainer in a case in which one of his colleagues held a retainer shall decline to accept the retainer unless his colleague authorises him to do so or he obtains the permission of the President of the Bar.
Authorisation by the President of the Bar
1 — A lawyer may not accept a retainer in an action against one of his colleagues or bring a personal action against him before obtaining the authorisation of the President of the Bar. 2 — The request for authorisation shall be submitted to the President of the Bar who shall decide on it if he is unable to reconcile the parties within thirty days of the date of registration of the application with the bar association's registry. If the period expires without the application being decided upon, authorisation shall be deemed to have been granted by operation of law. Each of the parties shall have the right to challenge the express or implied decision of the President of the Bar before the Bar Council within ten days of the date of notification of the express decision or the date on which the implied decision was made. The Bar Council shall decide on the challenge within thirty days of the date of its receipt; otherwise the challenge shall be deemed rejected. 3 — An express or implied Bar Council decision on this matter may be appealed in accordance with the procedures set out in the last amended paragraph of Article /79/. 4 — Notwithstanding the first paragraph of this article, a lawyer may exceptionally accept a retainer in civil actions to take provisional measures over assets in order to protect rights at risk of being lost, prior to obtaining the authorisation of the President of the Bar, provided he submits the request for authorisation within ten days of the date on which such measures were taken.
1. Article 94 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may accept a retainer in an action against one of his colleagues or may himself bring a personal action against him only after obtaining the authorisation of the President of the Bar.'
Amended 1991
The Lawyer's Robe
A lawyer shall always wear his robe when appearing before courts.
Caution
The President of the Bar may address a verbal caution to a lawyer upon the occurrence of a minor infringement by him, without referring the matter to the Disciplinary Council.
Disciplinary Penalties
Any lawyer, whether practising or a trainee, who fails to perform his professional duties as defined by this Law, or who, during the exercise of his profession or outside it, commits an act that diminishes its standing or behaves in a manner inconsistent with its dignity shall be liable to the following disciplinary penalties: 1 — Caution. 2 — Reprimand. 3 — Suspension from the practice of law for a period not exceeding three years. 4 — Removal from the bar association roll.
Suspension
The period of temporary suspension from the practice of law shall count towards the calculation of the traineeship period, the retirement period and all other periods set for assuming bar association posts.
Deprivation of the Right to Vote
When the Disciplinary Council sentences a lawyer to temporary suspension from the practice of the profession, it may, by a specific paragraph of its decision, deprive that lawyer of the right to be elected as a member of the Bar Council for a period not exceeding ten years. This additional penalty shall be mandatory in cases where a lawyer is sentenced on account of his deliberate failure to perform a duty imposed on him by a bar association function entrusted to him.
Foreign Lawyer
The President of the Bar may permit a foreign lawyer to appear before Lebanese courts in a specific case on condition of reciprocity in the bar association to which that lawyer belongs.
Documents of the Bar Council
Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in this Law and those determined by the bar association's internal regulations.
2. Article 116 as originally enacted by Law No. 8 of 1970/3/11: 'Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in the Code of Civil Procedure, subject to the special provisions contained in this Law.'
Amended 1991
Repeal of All Provisions Contrary to This Law
The Law Regulating the Legal Profession issued on 13 December 1945 and all provisions contrary to this Law or inconsistent with its provisions are hereby repealed.
Date of Entry into Force
This Law shall enter into force upon its publication in the Official Gazette.
Subsection 3Completion of Traineeship and Enrolment in the Roll of Lawyers
Completion of Traineeship and Enrolment in the Roll of Lawyers
Enrolment in the Roll of Lawyers
The application for enrolment in the roll of lawyers shall be submitted to the Bar Council. Each application shall be subject to the specific conditions applicable to it as set out in the following two paragraphs: First — Application submitted by a trainee lawyer: The application shall be submitted after completion of the traineeship period and shall be accompanied by the following documents: 1 — A certificate from the lawyer in whose office the applicant trained confirming his regular attendance at the traineeship for three years. 2 — A certificate from the Council Secretariat confirming his attendance at two-thirds of the traineeship lectures. 3 — A statement of the cases or proceedings in which he participated in the study or argument thereof, signed by him and by the lawyer under whom he trained, each on his own responsibility. 4 — A receipt confirming payment of the transfer registration fee, the pension fund fee and the annual subscription fee due from him from the date of his registration in the roll of lawyers. Second — Application submitted by a former judge: The application shall be submitted after leaving the bench and the following specific conditions shall apply to it: A former judge shall be exempt from the age requirement specified in Article Five of this Law; the conditions required under that article shall be deemed to be satisfied and proven by the certificates given to the judge by the competent administrative authority and evidencing his practice of judicial functions for at least three years and that his service therein was not terminated for a disciplinary reason involving dishonour or loss of dignity. A former judge exempt from the age requirement, or one who belongs to the judges' mutual fund and who joins the bar association, shall benefit from all the facilities offered by the bar association to its members, including the retirement pension and medical and social benefits.
1. Article 27 as originally enacted by Law No. 8 of 1970/3/11: Upon completion of the traineeship period, a trainee wishing to enrol in the roll of lawyers shall submit to the Bar Council: 1 — a certificate from the lawyer in whose office he trained confirming his regular attendance at the traineeship for two years; 2 — a certificate from the Bar Council secretariat confirming his attendance at two-thirds of the traineeship lectures.
Amended 1978Amended 1991Amended 1991
Discretionary Power to Enrol the Trainee
The Bar Council shall have a discretionary power to enrol the trainee in the aforementioned roll or to extend his traineeship period.
Rejection of an Application to Complete Traineeship
If the Bar Council's decision rejects the application for completion of traineeship and enrolment in the roll of lawyers, or if it fails to decide on the application by acceptance or rejection within two months of the date of its submission, the applicant for enrolment shall have the right, within two months of the date of notification of the rejection decision or of the expiry of the two-month period set for deciding on the application, to refer the matter to the Civil Court of Appeal in accordance with the provisions of Articles 7, 8 and 9 of the Law Regulating the Legal Profession.
1. Article 29 as originally enacted by Law No. 8 of 1970/3/11: 'If the Bar Council's decision rejects the application for completion of traineeship and enrolment in the roll of lawyers, or if it fails to decide on the application within a period of two months from the date of its submission, the provisions of paragraph 2 of Chapter I (Part II) relating to registration procedures shall apply.'
Amended 1991
List of Names
The Bar Council shall establish a roll containing the names of practising lawyers and trainee lawyers in accordance with its internal regulations.
Subscription Fees
If a lawyer is in arrears with his subscription for three consecutive years without a valid excuse accepted by the Bar Council, his name shall be struck from the general roll after he has been warned and one month has elapsed since that warning. He shall not be entitled to rejoin the bar association unless he pays the registration fee a second time.
Referral of a Lawyer before the Disciplinary Council
A lawyer may be referred before the Disciplinary Council only on the basis of a decision by the President of the Bar issued ex officio or on the basis of a complaint or report submitted to him. A lawyer may not be referred to the Disciplinary Council except after he has been heard by the President of the Bar or his designee, or if he fails to appear for a hearing despite being summoned. The President of the Bar shall ensure the speedy resolution of the case.
Resignation of the Lawyer
A lawyer's departure from the legal profession shall not prevent his disciplinary prosecution for acts he committed before his departure.
Criminal Judgment against a Lawyer
Every court that issues a criminal judgment against a lawyer shall notify the President of the Bar of that judgment.
Investigation and Trial Procedures
The Disciplinary Council shall adopt such investigation and trial methods as it deems to be a guarantee of the rights of the defence and the proper administration of justice. The lawyer who is referred to it shall have the right to retain one lawyer.
The Hearing
Proceedings before the Council shall be conducted in private and the summons and documents shall be notified in accordance with the proper procedure.
Notification of Decisions
Disciplinary Council decisions shall be notified to the President of the Bar and the Appellate Public Prosecution within ten days of the date of their issuance.
Seat of the Bar Association
There are two bar associations for lawyers in Lebanon: one in Beirut and one in Tripoli. The names of lawyers whose domiciles are in all Lebanese governorates except the Governorate of North Lebanon shall be registered in the Beirut Bar Association. The names of lawyers whose domiciles are in the Governorate of North Lebanon shall be registered in the Tripoli Bar Association. No lawyer may practise law in Lebanon unless his name is registered in one of the two bar associations. A lawyer's name may not be registered in both bar associations simultaneously, nor in one of them and in a foreign bar association at the same time. Every lawyer enrolled in the roll of practising lawyers shall have a domicile within the jurisdiction of the bar association to which he belongs.
Section 3Organisation and Administration of the Two Bar Associations
Organisation and Administration of the Two Bar Associations
Subsection 1The General Assembly
The General Assembly
Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Subsection 2The Bar Council
The Bar Council
Subsection 2a1 — Composition of the Council
Subsection 2b2 — Meetings of the Bar Council
Subsection 2c3 — Powers of the Council and the President
The Trainee Lawyer
A trainee lawyer may not use the title "Lawyer" without adding the designation "Trainee", and may not establish an office in his own name before completing his traineeship.
Transfer from One Office to Another
A trainee lawyer may transfer during his traineeship period from one lawyer's office to another, provided he notifies the Bar Council and obtains the consent of the new office and the Bar Council.
Appearance by the Trainee
During the period of his traineeship a trainee lawyer may appear in the name of the lawyer in whose office he trains before the following courts: 1 — Courts of first instance and committees and councils of all kinds. 2 — The Court of Appeal for misdemeanours, for the convicted party only. 3 — The Criminal Court, for defendants.
Appearance by the Trainee in His Own Name
A trainee lawyer has the right to appear in his own name before all courts except those in which he is restricted by his entry in the general roll.
Traineeship Lectures
The Bar Council shall organise traineeship lectures for trainee lawyers at times determined by the President of the Bar. The President of the Bar or his designee shall chair the traineeship lectures, manage their conduct, lead discussion on their topics and draw up a register of the trainee lawyers who attend. Any trainee lawyer who attends at least two-thirds of the traineeship lectures shall have his traineeship period extended only by a decision of the Bar Council.
Composition of the Bar Council
The Beirut Bar Council shall be composed of twelve members including the President of the Bar, and the Tripoli Bar Council shall be composed of six members including the President of the Bar. The Bar Council shall regulate the manner of electing the President of the Bar and the members. Former presidents of the bar are permanent members of the Bar Council but do not vote.
Election of the Secretary-General, Treasurer and Delegate to the Palace of Justice
The Bar Council shall meet at the invitation of the President of the Bar within three days of each election and shall elect by secret ballot the Secretary-General, the Treasurer and the Delegate to the Palace of Justice.
Term of Office of the President of the Bar
The term of office of the President of the Bar shall be two years. It may not be renewed except after two years have elapsed since the expiry of his term.
Term of Office of Bar Council Members
The term of office of Bar Council members shall be three years. One-third of the members' terms shall expire each year, and no member may be re-elected more than once except after two years have elapsed since the expiry of his term. In the exceptional circumstances in which more than one-third of the members are elected at one time, a draw shall be conducted among the elected members immediately upon completion of the election process and at the first meeting held by the Bar Council, in order to ensure the application of the principle of annual renewal by one-third as provided in the first paragraph. The President of the Bar's membership for the duration of his term as President shall be exempt from the draw, and the term of the member eliminated by the draw shall be considered a full term regardless of its duration.
1. Article 2 of Law No. 83/21 of 1983/8/26 provides as follows: 'A draw shall be conducted among the members of the Beirut Bar Council elected in 1981 immediately upon the entry into force of this Law to eliminate the membership of two-thirds of its members. After the election of replacement members, a further draw shall be conducted among them to select four members whose term shall exceptionally be two years instead of three.'
Amended 1983
Election of the President of the Bar
No lawyer may be elected President of the Bar unless at least twenty years have elapsed since his registration in the roll of practising lawyers and unless he is a member of the Bar Council. No lawyer may be elected a member of the Bar Council unless at least ten years have elapsed since his registration in the aforementioned roll.
Candidacy
Candidacy nominations for the position of President of the Bar and for Bar Council membership shall be submitted to the Bar Council by the candidate himself or by at least five lawyers entitled to participate in the General Assembly. Nominations submitted after the first of October of the year in which the election is held shall be rejected.
Legal Requirements
The Bar Council shall verify that the candidacy satisfies the legal requirements and shall issue its decision accepting or rejecting it before the tenth of November; otherwise the candidacy shall be deemed accepted. The Bar Council's decision shall be communicated to the candidate by registered letter immediately upon its issuance and a copy shall be posted at the entrance of the bar association's headquarters.
Appeal against a Decision to Accept or Reject a Candidacy
The decision accepting or rejecting a candidacy may be appealed by any interested party within three days of the date on which the decision is deposited in the bar association's registry. The Court of Appeal shall decide on the matter in chambers within three days.
The Election
Elections shall be conducted by secret ballot. All other procedural rules for elections shall be determined by the internal regulations.
Victory in Elections
The candidate who obtains the relative majority of votes cast shall be declared elected. In the event of a tie, the one most senior in the bar association's roll shall prevail, and in the event of equal seniority the older candidate shall prevail.
Vacancy of the Position of President of the Bar
If the position of President of the Bar falls vacant for any reason, the General Assembly shall be convened within thirty days of the date of the vacancy to elect a new President of the Bar if the remainder of the term exceeds six months, and the newly elected President shall complete the remainder of the previous President's term. If the remainder of the term is less than six months, the Secretary-General shall assume the duties of President of the Bar by delegation until the end of the term.
Vacancy of a Bar Council Seat
If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant up to one half of the members, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If seats comprising more than half of the members fall vacant before the first transition, the extraordinary General Assembly shall be convened within a period of one month, during the first ten days of which candidacies shall be submitted for the election of those who will fill these seats. In all the foregoing cases, the successor shall serve the remainder of his predecessor's term.
1. Article 53 as originally enacted by Law No. 8 of 1970/3/11: 'If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant to the extent of two-thirds, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If two-thirds of the seats fall vacant before the first transition, the extraordinary General Assembly shall be convened to elect those who will fill these seats. In all the foregoing cases, the successor shall take the place of his predecessor for the remainder of his term.'
Amended 1991
Dissolution of the Bar Council
The Bar Council shall be considered dissolved if the number of vacant seats exceeds two-thirds. In this case the extraordinary General Assembly shall be convened to elect all members of the Bar Council, while the President of the Bar shall remain in his position.
Deemed Resignation of a Bar Council Member
Any member of the Bar Council who is absent from three consecutive meetings without an acceptable excuse shall be deemed to have resigned.
Valid Sessions
Sessions of the Council shall be valid only if held at their scheduled times or at times determined by the President of the Bar.
Quorum
Sessions of the Council shall be valid only when an absolute majority of its members are present.
Council Decisions
Council decisions shall be taken by a majority and in the event of a tie the side on which the President of the Bar voted shall prevail. Any interested party shall have the right to obtain from the bar association's registry a certified true copy of the Council's decisions.
1. Article 58 as originally enacted by Law No. 8 of 1970/3/11: 'Council decisions shall be taken by a relative majority and in the event of a tie the side on which the President of the Bar voted shall prevail.'
Amended 1991
Jurisdiction of the Bar Council
The Bar Council shall be competent to manage the affairs of the bar association and shall have in particular the following powers: 1 — To decide on applications for membership of the bar association and on applications for appointment to bar association posts. 2 — To draw up and amend the bar association's internal regulations and all other regulations relating to the bar association. 3 — To determine and amend the registration fee and to collect it. 4 — To implement the resolutions of the General Assemblies. 5 — To prepare the annual budget and implement it. 6 — To mediate between lawyers in disputes relating to the practice of the profession. 7 — To convene general meetings. 8 — To represent the bar association at international professional conferences. 9 — To correspond with authorities and to express opinions on matters within the bar association's purview. 10 — To seek placements for trainees in lawyers' offices. 11 — To supervise the conduct of lawyers. 12 — To issue instructions to lawyers relating to the practice of their profession. 13 — To supervise lawyers' chambers and all institutions affiliated with the bar association. 14 — To grant leaves of absence to those who are prevented from practising law and to determine the conditions of such leaves. 15 — To organise the traineeship and to decide whether it has been completed or to extend its duration. 17 — To establish financial prizes to be paid from the bar association's fund to those who diligently serve a worthy cause. 18 — To decide on financial assistance for lawyers.
2. Former paragraph 16 of Article 59 as enacted by Law No. 8 of 1970/3/11: '16 — To settle definitively disputes relating to bar titles through a committee of its members.'
Powers of the President of the Bar
The President of the Bar shall represent the bar association and shall have in particular the following powers: 1 — To supervise its administration and to defend its rights. 2 — To chair the General Assembly and the Bar Council, to implement the decisions of each of them, and to sign the contracts they approve. 3 — To litigate in the name of the bar association, with the right to intervene personally or through a Bar Council member of his choosing in every case of concern to the bar association or to one of its lawyers, and to assume the role of civil plaintiff in every case involving acts that affect the dignity of the bar association or one of its members. 4 — To appoint a representative of the bar association in the seat of each judicial district, to determine his powers and to dismiss him. 5 — To appoint the lawyers assigned to defend those who are granted legal aid and the lawyers assigned, when necessary, to defend defendants and juveniles. 6 — To work towards the resolution of disputes arising between lawyers on professional matters.
Compliance with Principles of Honour, Integrity and Probity
A lawyer shall in all his dealings comply with the principles of honour, integrity and probity, shall perform all the duties imposed on him by this Law and shall respect the ethics and traditions of the legal profession.
Witnesses to a Case
A lawyer is prohibited from contacting witnesses to a case entrusted to him, from listening to their testimony before they give it, or from discussing with them any matter relating to that testimony.
Purchase of Rights
A lawyer is prohibited from purchasing contested rights.
Professional Civil Partnerships
Professional civil partnerships may be established, bringing together lawyers practising before the Court of Appeal as partners. The object of such civil partnerships shall be the practice of the legal profession. The partnership deed shall be in writing or registered with the bar association, as shall any amendment thereto. Lawyers who share or collaborate in a single office may not act in opposition to each other, nor may they represent opposing parties in transactions or cases.
1. See the Law of 1932/3/9 (Code of Obligations and Contracts — Article 844 and following articles) relating to civil partnerships.
The Lawyer's Office
A lawyer must maintain an office in the area of the bar association to which he belongs and may not maintain more than one office.
Prohibited Conduct
A lawyer is prohibited from soliciting clients whether by means of advertising, the use of intermediaries or touts, or by any other means. He may not allocate a share of his fees to any person who is not a lawyer.
Advertising
A lawyer is prohibited from advertising his office. He may not affix to his entrance more than one sign bearing his name.
Performance of Duties
A lawyer is responsible to his client for the performance of his duties in accordance with the provisions of the law and the terms of his retainer.
Withdrawal
A lawyer may withdraw from a retainer after accepting it, provided he notifies his client and the court of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal. If the lawyer is for any reason unable, particularly where the client is resident elsewhere, to notify the client of the withdrawal from the retainer, the matter shall be referred to the court handling the dispute, which shall give a final ruling on the validity of the withdrawal after the lawyer has demonstrated before it that notification to the client proved impossible. In such case the court shall relieve the lawyer of his obligation to represent his client and the subsequent procedural steps leading up to the withdrawal shall be communicated to the client in accordance with the legal rules of procedure.
2. Article 88 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may withdraw from a retainer after accepting it, provided he notifies his client of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal.'
Amended 1991
Return of Documents
Upon completion of his mission a lawyer shall return to his client the documents he received from him, if so requested. The client's right to request the return of documents shall lapse five years after the conclusion of the case.
Retainer for the Client's Adversary
A lawyer may not accept a retainer for his client's adversary or provide that person with any assistance, even in the form of an opinion, in cases in which he has previously accepted a retainer or in cases related thereto, even after the termination of his retainer.
Consultation for the Client's Adversary
A lawyer who receives annual or monthly fees for actions or consultations may not accept any action or provide any consultation for his client's adversary.
Professional Secrecy
A lawyer may not disclose any secret entrusted to him or which came to his knowledge through the practice of his profession, even after the termination of his retainer. He may not testify against his client in cases in which he holds or has held a retainer.
Seeking Permission from a Colleague or the President of the Bar
A lawyer who is entrusted with a retainer in a case in which one of his colleagues held a retainer shall decline to accept the retainer unless his colleague authorises him to do so or he obtains the permission of the President of the Bar.
Authorisation by the President of the Bar
1 — A lawyer may not accept a retainer in an action against one of his colleagues or bring a personal action against him before obtaining the authorisation of the President of the Bar. 2 — The request for authorisation shall be submitted to the President of the Bar who shall decide on it if he is unable to reconcile the parties within thirty days of the date of registration of the application with the bar association's registry. If the period expires without the application being decided upon, authorisation shall be deemed to have been granted by operation of law. Each of the parties shall have the right to challenge the express or implied decision of the President of the Bar before the Bar Council within ten days of the date of notification of the express decision or the date on which the implied decision was made. The Bar Council shall decide on the challenge within thirty days of the date of its receipt; otherwise the challenge shall be deemed rejected. 3 — An express or implied Bar Council decision on this matter may be appealed in accordance with the procedures set out in the last amended paragraph of Article /79/. 4 — Notwithstanding the first paragraph of this article, a lawyer may exceptionally accept a retainer in civil actions to take provisional measures over assets in order to protect rights at risk of being lost, prior to obtaining the authorisation of the President of the Bar, provided he submits the request for authorisation within ten days of the date on which such measures were taken.
1. Article 94 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may accept a retainer in an action against one of his colleagues or may himself bring a personal action against him only after obtaining the authorisation of the President of the Bar.'
Amended 1991
The Lawyer's Robe
A lawyer shall always wear his robe when appearing before courts.
Caution
The President of the Bar may address a verbal caution to a lawyer upon the occurrence of a minor infringement by him, without referring the matter to the Disciplinary Council.
Disciplinary Penalties
Any lawyer, whether practising or a trainee, who fails to perform his professional duties as defined by this Law, or who, during the exercise of his profession or outside it, commits an act that diminishes its standing or behaves in a manner inconsistent with its dignity shall be liable to the following disciplinary penalties: 1 — Caution. 2 — Reprimand. 3 — Suspension from the practice of law for a period not exceeding three years. 4 — Removal from the bar association roll.
Suspension
The period of temporary suspension from the practice of law shall count towards the calculation of the traineeship period, the retirement period and all other periods set for assuming bar association posts.
Deprivation of the Right to Vote
When the Disciplinary Council sentences a lawyer to temporary suspension from the practice of the profession, it may, by a specific paragraph of its decision, deprive that lawyer of the right to be elected as a member of the Bar Council for a period not exceeding ten years. This additional penalty shall be mandatory in cases where a lawyer is sentenced on account of his deliberate failure to perform a duty imposed on him by a bar association function entrusted to him.
Foreign Lawyer
The President of the Bar may permit a foreign lawyer to appear before Lebanese courts in a specific case on condition of reciprocity in the bar association to which that lawyer belongs.
Documents of the Bar Council
Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in this Law and those determined by the bar association's internal regulations.
2. Article 116 as originally enacted by Law No. 8 of 1970/3/11: 'Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in the Code of Civil Procedure, subject to the special provisions contained in this Law.'
Amended 1991
Repeal of All Provisions Contrary to This Law
The Law Regulating the Legal Profession issued on 13 December 1945 and all provisions contrary to this Law or inconsistent with its provisions are hereby repealed.
Date of Entry into Force
This Law shall enter into force upon its publication in the Official Gazette.
Composition of the Bar Association
Each of the two bar associations in Beirut and Tripoli shall be composed of the lawyers belonging to it and enrolled in its rolls.
Legal Personality
Each of the two bar associations shall enjoy legal personality and financial and administrative independence.
Bodies of the Bar Association
The bodies of each of the two bar associations shall consist of the General Assembly, the Bar Council and the President of the Bar.
Section 4Rights and Duties of Lawyers
Rights and Duties of Lawyers
Subsection 1Rights and Obligations of Lawyers
Rights and Obligations of Lawyers
Subsection 1a1 — Consultations and Retainers
Subsection 1b2 — Retainer to Appear
Subsection 1c3 — Legal Fees
Subsection 1d4 — Immunities and Guarantees
Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Subsection 2Duties of the Lawyer
Duties of the Lawyer
The Trainee Lawyer
A trainee lawyer may not use the title "Lawyer" without adding the designation "Trainee", and may not establish an office in his own name before completing his traineeship.
Transfer from One Office to Another
A trainee lawyer may transfer during his traineeship period from one lawyer's office to another, provided he notifies the Bar Council and obtains the consent of the new office and the Bar Council.
Appearance by the Trainee
During the period of his traineeship a trainee lawyer may appear in the name of the lawyer in whose office he trains before the following courts: 1 — Courts of first instance and committees and councils of all kinds. 2 — The Court of Appeal for misdemeanours, for the convicted party only. 3 — The Criminal Court, for defendants.
Appearance by the Trainee in His Own Name
A trainee lawyer has the right to appear in his own name before all courts except those in which he is restricted by his entry in the general roll.
Traineeship Lectures
The Bar Council shall organise traineeship lectures for trainee lawyers at times determined by the President of the Bar. The President of the Bar or his designee shall chair the traineeship lectures, manage their conduct, lead discussion on their topics and draw up a register of the trainee lawyers who attend. Any trainee lawyer who attends at least two-thirds of the traineeship lectures shall have his traineeship period extended only by a decision of the Bar Council.
Composition of the Bar Council
The Beirut Bar Council shall be composed of twelve members including the President of the Bar, and the Tripoli Bar Council shall be composed of six members including the President of the Bar. The Bar Council shall regulate the manner of electing the President of the Bar and the members. Former presidents of the bar are permanent members of the Bar Council but do not vote.
Election of the Secretary-General, Treasurer and Delegate to the Palace of Justice
The Bar Council shall meet at the invitation of the President of the Bar within three days of each election and shall elect by secret ballot the Secretary-General, the Treasurer and the Delegate to the Palace of Justice.
Term of Office of the President of the Bar
The term of office of the President of the Bar shall be two years. It may not be renewed except after two years have elapsed since the expiry of his term.
Term of Office of Bar Council Members
The term of office of Bar Council members shall be three years. One-third of the members' terms shall expire each year, and no member may be re-elected more than once except after two years have elapsed since the expiry of his term. In the exceptional circumstances in which more than one-third of the members are elected at one time, a draw shall be conducted among the elected members immediately upon completion of the election process and at the first meeting held by the Bar Council, in order to ensure the application of the principle of annual renewal by one-third as provided in the first paragraph. The President of the Bar's membership for the duration of his term as President shall be exempt from the draw, and the term of the member eliminated by the draw shall be considered a full term regardless of its duration.
1. Article 2 of Law No. 83/21 of 1983/8/26 provides as follows: 'A draw shall be conducted among the members of the Beirut Bar Council elected in 1981 immediately upon the entry into force of this Law to eliminate the membership of two-thirds of its members. After the election of replacement members, a further draw shall be conducted among them to select four members whose term shall exceptionally be two years instead of three.'
Amended 1983
Election of the President of the Bar
No lawyer may be elected President of the Bar unless at least twenty years have elapsed since his registration in the roll of practising lawyers and unless he is a member of the Bar Council. No lawyer may be elected a member of the Bar Council unless at least ten years have elapsed since his registration in the aforementioned roll.
Candidacy
Candidacy nominations for the position of President of the Bar and for Bar Council membership shall be submitted to the Bar Council by the candidate himself or by at least five lawyers entitled to participate in the General Assembly. Nominations submitted after the first of October of the year in which the election is held shall be rejected.
Legal Requirements
The Bar Council shall verify that the candidacy satisfies the legal requirements and shall issue its decision accepting or rejecting it before the tenth of November; otherwise the candidacy shall be deemed accepted. The Bar Council's decision shall be communicated to the candidate by registered letter immediately upon its issuance and a copy shall be posted at the entrance of the bar association's headquarters.
Appeal against a Decision to Accept or Reject a Candidacy
The decision accepting or rejecting a candidacy may be appealed by any interested party within three days of the date on which the decision is deposited in the bar association's registry. The Court of Appeal shall decide on the matter in chambers within three days.
The Election
Elections shall be conducted by secret ballot. All other procedural rules for elections shall be determined by the internal regulations.
Victory in Elections
The candidate who obtains the relative majority of votes cast shall be declared elected. In the event of a tie, the one most senior in the bar association's roll shall prevail, and in the event of equal seniority the older candidate shall prevail.
Vacancy of the Position of President of the Bar
If the position of President of the Bar falls vacant for any reason, the General Assembly shall be convened within thirty days of the date of the vacancy to elect a new President of the Bar if the remainder of the term exceeds six months, and the newly elected President shall complete the remainder of the previous President's term. If the remainder of the term is less than six months, the Secretary-General shall assume the duties of President of the Bar by delegation until the end of the term.
Vacancy of a Bar Council Seat
If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant up to one half of the members, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If seats comprising more than half of the members fall vacant before the first transition, the extraordinary General Assembly shall be convened within a period of one month, during the first ten days of which candidacies shall be submitted for the election of those who will fill these seats. In all the foregoing cases, the successor shall serve the remainder of his predecessor's term.
1. Article 53 as originally enacted by Law No. 8 of 1970/3/11: 'If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant to the extent of two-thirds, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If two-thirds of the seats fall vacant before the first transition, the extraordinary General Assembly shall be convened to elect those who will fill these seats. In all the foregoing cases, the successor shall take the place of his predecessor for the remainder of his term.'
Amended 1991
Dissolution of the Bar Council
The Bar Council shall be considered dissolved if the number of vacant seats exceeds two-thirds. In this case the extraordinary General Assembly shall be convened to elect all members of the Bar Council, while the President of the Bar shall remain in his position.
Deemed Resignation of a Bar Council Member
Any member of the Bar Council who is absent from three consecutive meetings without an acceptable excuse shall be deemed to have resigned.
Valid Sessions
Sessions of the Council shall be valid only if held at their scheduled times or at times determined by the President of the Bar.
Quorum
Sessions of the Council shall be valid only when an absolute majority of its members are present.
Council Decisions
Council decisions shall be taken by a majority and in the event of a tie the side on which the President of the Bar voted shall prevail. Any interested party shall have the right to obtain from the bar association's registry a certified true copy of the Council's decisions.
1. Article 58 as originally enacted by Law No. 8 of 1970/3/11: 'Council decisions shall be taken by a relative majority and in the event of a tie the side on which the President of the Bar voted shall prevail.'
Amended 1991
Jurisdiction of the Bar Council
The Bar Council shall be competent to manage the affairs of the bar association and shall have in particular the following powers: 1 — To decide on applications for membership of the bar association and on applications for appointment to bar association posts. 2 — To draw up and amend the bar association's internal regulations and all other regulations relating to the bar association. 3 — To determine and amend the registration fee and to collect it. 4 — To implement the resolutions of the General Assemblies. 5 — To prepare the annual budget and implement it. 6 — To mediate between lawyers in disputes relating to the practice of the profession. 7 — To convene general meetings. 8 — To represent the bar association at international professional conferences. 9 — To correspond with authorities and to express opinions on matters within the bar association's purview. 10 — To seek placements for trainees in lawyers' offices. 11 — To supervise the conduct of lawyers. 12 — To issue instructions to lawyers relating to the practice of their profession. 13 — To supervise lawyers' chambers and all institutions affiliated with the bar association. 14 — To grant leaves of absence to those who are prevented from practising law and to determine the conditions of such leaves. 15 — To organise the traineeship and to decide whether it has been completed or to extend its duration. 17 — To establish financial prizes to be paid from the bar association's fund to those who diligently serve a worthy cause. 18 — To decide on financial assistance for lawyers.
2. Former paragraph 16 of Article 59 as enacted by Law No. 8 of 1970/3/11: '16 — To settle definitively disputes relating to bar titles through a committee of its members.'
Powers of the President of the Bar
The President of the Bar shall represent the bar association and shall have in particular the following powers: 1 — To supervise its administration and to defend its rights. 2 — To chair the General Assembly and the Bar Council, to implement the decisions of each of them, and to sign the contracts they approve. 3 — To litigate in the name of the bar association, with the right to intervene personally or through a Bar Council member of his choosing in every case of concern to the bar association or to one of its lawyers, and to assume the role of civil plaintiff in every case involving acts that affect the dignity of the bar association or one of its members. 4 — To appoint a representative of the bar association in the seat of each judicial district, to determine his powers and to dismiss him. 5 — To appoint the lawyers assigned to defend those who are granted legal aid and the lawyers assigned, when necessary, to defend defendants and juveniles. 6 — To work towards the resolution of disputes arising between lawyers on professional matters.
Compliance with Principles of Honour, Integrity and Probity
A lawyer shall in all his dealings comply with the principles of honour, integrity and probity, shall perform all the duties imposed on him by this Law and shall respect the ethics and traditions of the legal profession.
Witnesses to a Case
A lawyer is prohibited from contacting witnesses to a case entrusted to him, from listening to their testimony before they give it, or from discussing with them any matter relating to that testimony.
Purchase of Rights
A lawyer is prohibited from purchasing contested rights.
Professional Civil Partnerships
Professional civil partnerships may be established, bringing together lawyers practising before the Court of Appeal as partners. The object of such civil partnerships shall be the practice of the legal profession. The partnership deed shall be in writing or registered with the bar association, as shall any amendment thereto. Lawyers who share or collaborate in a single office may not act in opposition to each other, nor may they represent opposing parties in transactions or cases.
1. See the Law of 1932/3/9 (Code of Obligations and Contracts — Article 844 and following articles) relating to civil partnerships.
The Lawyer's Office
A lawyer must maintain an office in the area of the bar association to which he belongs and may not maintain more than one office.
Prohibited Conduct
A lawyer is prohibited from soliciting clients whether by means of advertising, the use of intermediaries or touts, or by any other means. He may not allocate a share of his fees to any person who is not a lawyer.
Advertising
A lawyer is prohibited from advertising his office. He may not affix to his entrance more than one sign bearing his name.
Performance of Duties
A lawyer is responsible to his client for the performance of his duties in accordance with the provisions of the law and the terms of his retainer.
Withdrawal
A lawyer may withdraw from a retainer after accepting it, provided he notifies his client and the court of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal. If the lawyer is for any reason unable, particularly where the client is resident elsewhere, to notify the client of the withdrawal from the retainer, the matter shall be referred to the court handling the dispute, which shall give a final ruling on the validity of the withdrawal after the lawyer has demonstrated before it that notification to the client proved impossible. In such case the court shall relieve the lawyer of his obligation to represent his client and the subsequent procedural steps leading up to the withdrawal shall be communicated to the client in accordance with the legal rules of procedure.
2. Article 88 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may withdraw from a retainer after accepting it, provided he notifies his client of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal.'
Amended 1991
Return of Documents
Upon completion of his mission a lawyer shall return to his client the documents he received from him, if so requested. The client's right to request the return of documents shall lapse five years after the conclusion of the case.
Retainer for the Client's Adversary
A lawyer may not accept a retainer for his client's adversary or provide that person with any assistance, even in the form of an opinion, in cases in which he has previously accepted a retainer or in cases related thereto, even after the termination of his retainer.
Consultation for the Client's Adversary
A lawyer who receives annual or monthly fees for actions or consultations may not accept any action or provide any consultation for his client's adversary.
Professional Secrecy
A lawyer may not disclose any secret entrusted to him or which came to his knowledge through the practice of his profession, even after the termination of his retainer. He may not testify against his client in cases in which he holds or has held a retainer.
Seeking Permission from a Colleague or the President of the Bar
A lawyer who is entrusted with a retainer in a case in which one of his colleagues held a retainer shall decline to accept the retainer unless his colleague authorises him to do so or he obtains the permission of the President of the Bar.
Authorisation by the President of the Bar
1 — A lawyer may not accept a retainer in an action against one of his colleagues or bring a personal action against him before obtaining the authorisation of the President of the Bar. 2 — The request for authorisation shall be submitted to the President of the Bar who shall decide on it if he is unable to reconcile the parties within thirty days of the date of registration of the application with the bar association's registry. If the period expires without the application being decided upon, authorisation shall be deemed to have been granted by operation of law. Each of the parties shall have the right to challenge the express or implied decision of the President of the Bar before the Bar Council within ten days of the date of notification of the express decision or the date on which the implied decision was made. The Bar Council shall decide on the challenge within thirty days of the date of its receipt; otherwise the challenge shall be deemed rejected. 3 — An express or implied Bar Council decision on this matter may be appealed in accordance with the procedures set out in the last amended paragraph of Article /79/. 4 — Notwithstanding the first paragraph of this article, a lawyer may exceptionally accept a retainer in civil actions to take provisional measures over assets in order to protect rights at risk of being lost, prior to obtaining the authorisation of the President of the Bar, provided he submits the request for authorisation within ten days of the date on which such measures were taken.
1. Article 94 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may accept a retainer in an action against one of his colleagues or may himself bring a personal action against him only after obtaining the authorisation of the President of the Bar.'
Amended 1991
The Lawyer's Robe
A lawyer shall always wear his robe when appearing before courts.
Caution
The President of the Bar may address a verbal caution to a lawyer upon the occurrence of a minor infringement by him, without referring the matter to the Disciplinary Council.
Disciplinary Penalties
Any lawyer, whether practising or a trainee, who fails to perform his professional duties as defined by this Law, or who, during the exercise of his profession or outside it, commits an act that diminishes its standing or behaves in a manner inconsistent with its dignity shall be liable to the following disciplinary penalties: 1 — Caution. 2 — Reprimand. 3 — Suspension from the practice of law for a period not exceeding three years. 4 — Removal from the bar association roll.
Suspension
The period of temporary suspension from the practice of law shall count towards the calculation of the traineeship period, the retirement period and all other periods set for assuming bar association posts.
Deprivation of the Right to Vote
When the Disciplinary Council sentences a lawyer to temporary suspension from the practice of the profession, it may, by a specific paragraph of its decision, deprive that lawyer of the right to be elected as a member of the Bar Council for a period not exceeding ten years. This additional penalty shall be mandatory in cases where a lawyer is sentenced on account of his deliberate failure to perform a duty imposed on him by a bar association function entrusted to him.
Foreign Lawyer
The President of the Bar may permit a foreign lawyer to appear before Lebanese courts in a specific case on condition of reciprocity in the bar association to which that lawyer belongs.
Documents of the Bar Council
Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in this Law and those determined by the bar association's internal regulations.
2. Article 116 as originally enacted by Law No. 8 of 1970/3/11: 'Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in the Code of Civil Procedure, subject to the special provisions contained in this Law.'
Amended 1991
Repeal of All Provisions Contrary to This Law
The Law Regulating the Legal Profession issued on 13 December 1945 and all provisions contrary to this Law or inconsistent with its provisions are hereby repealed.
Date of Entry into Force
This Law shall enter into force upon its publication in the Official Gazette.
Section 5Discipline of Lawyers
Discipline of Lawyers
Subsection 1The Disciplinary Council
The Disciplinary Council
Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Subsection 2Penalties
Penalties
The Trainee Lawyer
A trainee lawyer may not use the title "Lawyer" without adding the designation "Trainee", and may not establish an office in his own name before completing his traineeship.
Transfer from One Office to Another
A trainee lawyer may transfer during his traineeship period from one lawyer's office to another, provided he notifies the Bar Council and obtains the consent of the new office and the Bar Council.
Appearance by the Trainee
During the period of his traineeship a trainee lawyer may appear in the name of the lawyer in whose office he trains before the following courts: 1 — Courts of first instance and committees and councils of all kinds. 2 — The Court of Appeal for misdemeanours, for the convicted party only. 3 — The Criminal Court, for defendants.
Appearance by the Trainee in His Own Name
A trainee lawyer has the right to appear in his own name before all courts except those in which he is restricted by his entry in the general roll.
Traineeship Lectures
The Bar Council shall organise traineeship lectures for trainee lawyers at times determined by the President of the Bar. The President of the Bar or his designee shall chair the traineeship lectures, manage their conduct, lead discussion on their topics and draw up a register of the trainee lawyers who attend. Any trainee lawyer who attends at least two-thirds of the traineeship lectures shall have his traineeship period extended only by a decision of the Bar Council.
Composition of the Bar Council
The Beirut Bar Council shall be composed of twelve members including the President of the Bar, and the Tripoli Bar Council shall be composed of six members including the President of the Bar. The Bar Council shall regulate the manner of electing the President of the Bar and the members. Former presidents of the bar are permanent members of the Bar Council but do not vote.
Election of the Secretary-General, Treasurer and Delegate to the Palace of Justice
The Bar Council shall meet at the invitation of the President of the Bar within three days of each election and shall elect by secret ballot the Secretary-General, the Treasurer and the Delegate to the Palace of Justice.
Term of Office of the President of the Bar
The term of office of the President of the Bar shall be two years. It may not be renewed except after two years have elapsed since the expiry of his term.
Term of Office of Bar Council Members
The term of office of Bar Council members shall be three years. One-third of the members' terms shall expire each year, and no member may be re-elected more than once except after two years have elapsed since the expiry of his term. In the exceptional circumstances in which more than one-third of the members are elected at one time, a draw shall be conducted among the elected members immediately upon completion of the election process and at the first meeting held by the Bar Council, in order to ensure the application of the principle of annual renewal by one-third as provided in the first paragraph. The President of the Bar's membership for the duration of his term as President shall be exempt from the draw, and the term of the member eliminated by the draw shall be considered a full term regardless of its duration.
1. Article 2 of Law No. 83/21 of 1983/8/26 provides as follows: 'A draw shall be conducted among the members of the Beirut Bar Council elected in 1981 immediately upon the entry into force of this Law to eliminate the membership of two-thirds of its members. After the election of replacement members, a further draw shall be conducted among them to select four members whose term shall exceptionally be two years instead of three.'
Amended 1983
Election of the President of the Bar
No lawyer may be elected President of the Bar unless at least twenty years have elapsed since his registration in the roll of practising lawyers and unless he is a member of the Bar Council. No lawyer may be elected a member of the Bar Council unless at least ten years have elapsed since his registration in the aforementioned roll.
Candidacy
Candidacy nominations for the position of President of the Bar and for Bar Council membership shall be submitted to the Bar Council by the candidate himself or by at least five lawyers entitled to participate in the General Assembly. Nominations submitted after the first of October of the year in which the election is held shall be rejected.
Legal Requirements
The Bar Council shall verify that the candidacy satisfies the legal requirements and shall issue its decision accepting or rejecting it before the tenth of November; otherwise the candidacy shall be deemed accepted. The Bar Council's decision shall be communicated to the candidate by registered letter immediately upon its issuance and a copy shall be posted at the entrance of the bar association's headquarters.
Appeal against a Decision to Accept or Reject a Candidacy
The decision accepting or rejecting a candidacy may be appealed by any interested party within three days of the date on which the decision is deposited in the bar association's registry. The Court of Appeal shall decide on the matter in chambers within three days.
The Election
Elections shall be conducted by secret ballot. All other procedural rules for elections shall be determined by the internal regulations.
Victory in Elections
The candidate who obtains the relative majority of votes cast shall be declared elected. In the event of a tie, the one most senior in the bar association's roll shall prevail, and in the event of equal seniority the older candidate shall prevail.
Vacancy of the Position of President of the Bar
If the position of President of the Bar falls vacant for any reason, the General Assembly shall be convened within thirty days of the date of the vacancy to elect a new President of the Bar if the remainder of the term exceeds six months, and the newly elected President shall complete the remainder of the previous President's term. If the remainder of the term is less than six months, the Secretary-General shall assume the duties of President of the Bar by delegation until the end of the term.
Vacancy of a Bar Council Seat
If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant up to one half of the members, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If seats comprising more than half of the members fall vacant before the first transition, the extraordinary General Assembly shall be convened within a period of one month, during the first ten days of which candidacies shall be submitted for the election of those who will fill these seats. In all the foregoing cases, the successor shall serve the remainder of his predecessor's term.
1. Article 53 as originally enacted by Law No. 8 of 1970/3/11: 'If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant to the extent of two-thirds, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If two-thirds of the seats fall vacant before the first transition, the extraordinary General Assembly shall be convened to elect those who will fill these seats. In all the foregoing cases, the successor shall take the place of his predecessor for the remainder of his term.'
Amended 1991
Dissolution of the Bar Council
The Bar Council shall be considered dissolved if the number of vacant seats exceeds two-thirds. In this case the extraordinary General Assembly shall be convened to elect all members of the Bar Council, while the President of the Bar shall remain in his position.
Deemed Resignation of a Bar Council Member
Any member of the Bar Council who is absent from three consecutive meetings without an acceptable excuse shall be deemed to have resigned.
Valid Sessions
Sessions of the Council shall be valid only if held at their scheduled times or at times determined by the President of the Bar.
Quorum
Sessions of the Council shall be valid only when an absolute majority of its members are present.
Council Decisions
Council decisions shall be taken by a majority and in the event of a tie the side on which the President of the Bar voted shall prevail. Any interested party shall have the right to obtain from the bar association's registry a certified true copy of the Council's decisions.
1. Article 58 as originally enacted by Law No. 8 of 1970/3/11: 'Council decisions shall be taken by a relative majority and in the event of a tie the side on which the President of the Bar voted shall prevail.'
Amended 1991
Jurisdiction of the Bar Council
The Bar Council shall be competent to manage the affairs of the bar association and shall have in particular the following powers: 1 — To decide on applications for membership of the bar association and on applications for appointment to bar association posts. 2 — To draw up and amend the bar association's internal regulations and all other regulations relating to the bar association. 3 — To determine and amend the registration fee and to collect it. 4 — To implement the resolutions of the General Assemblies. 5 — To prepare the annual budget and implement it. 6 — To mediate between lawyers in disputes relating to the practice of the profession. 7 — To convene general meetings. 8 — To represent the bar association at international professional conferences. 9 — To correspond with authorities and to express opinions on matters within the bar association's purview. 10 — To seek placements for trainees in lawyers' offices. 11 — To supervise the conduct of lawyers. 12 — To issue instructions to lawyers relating to the practice of their profession. 13 — To supervise lawyers' chambers and all institutions affiliated with the bar association. 14 — To grant leaves of absence to those who are prevented from practising law and to determine the conditions of such leaves. 15 — To organise the traineeship and to decide whether it has been completed or to extend its duration. 17 — To establish financial prizes to be paid from the bar association's fund to those who diligently serve a worthy cause. 18 — To decide on financial assistance for lawyers.
2. Former paragraph 16 of Article 59 as enacted by Law No. 8 of 1970/3/11: '16 — To settle definitively disputes relating to bar titles through a committee of its members.'
Powers of the President of the Bar
The President of the Bar shall represent the bar association and shall have in particular the following powers: 1 — To supervise its administration and to defend its rights. 2 — To chair the General Assembly and the Bar Council, to implement the decisions of each of them, and to sign the contracts they approve. 3 — To litigate in the name of the bar association, with the right to intervene personally or through a Bar Council member of his choosing in every case of concern to the bar association or to one of its lawyers, and to assume the role of civil plaintiff in every case involving acts that affect the dignity of the bar association or one of its members. 4 — To appoint a representative of the bar association in the seat of each judicial district, to determine his powers and to dismiss him. 5 — To appoint the lawyers assigned to defend those who are granted legal aid and the lawyers assigned, when necessary, to defend defendants and juveniles. 6 — To work towards the resolution of disputes arising between lawyers on professional matters.
Compliance with Principles of Honour, Integrity and Probity
A lawyer shall in all his dealings comply with the principles of honour, integrity and probity, shall perform all the duties imposed on him by this Law and shall respect the ethics and traditions of the legal profession.
Witnesses to a Case
A lawyer is prohibited from contacting witnesses to a case entrusted to him, from listening to their testimony before they give it, or from discussing with them any matter relating to that testimony.
Purchase of Rights
A lawyer is prohibited from purchasing contested rights.
Professional Civil Partnerships
Professional civil partnerships may be established, bringing together lawyers practising before the Court of Appeal as partners. The object of such civil partnerships shall be the practice of the legal profession. The partnership deed shall be in writing or registered with the bar association, as shall any amendment thereto. Lawyers who share or collaborate in a single office may not act in opposition to each other, nor may they represent opposing parties in transactions or cases.
1. See the Law of 1932/3/9 (Code of Obligations and Contracts — Article 844 and following articles) relating to civil partnerships.
The Lawyer's Office
A lawyer must maintain an office in the area of the bar association to which he belongs and may not maintain more than one office.
Prohibited Conduct
A lawyer is prohibited from soliciting clients whether by means of advertising, the use of intermediaries or touts, or by any other means. He may not allocate a share of his fees to any person who is not a lawyer.
Advertising
A lawyer is prohibited from advertising his office. He may not affix to his entrance more than one sign bearing his name.
Performance of Duties
A lawyer is responsible to his client for the performance of his duties in accordance with the provisions of the law and the terms of his retainer.
Withdrawal
A lawyer may withdraw from a retainer after accepting it, provided he notifies his client and the court of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal. If the lawyer is for any reason unable, particularly where the client is resident elsewhere, to notify the client of the withdrawal from the retainer, the matter shall be referred to the court handling the dispute, which shall give a final ruling on the validity of the withdrawal after the lawyer has demonstrated before it that notification to the client proved impossible. In such case the court shall relieve the lawyer of his obligation to represent his client and the subsequent procedural steps leading up to the withdrawal shall be communicated to the client in accordance with the legal rules of procedure.
2. Article 88 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may withdraw from a retainer after accepting it, provided he notifies his client of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal.'
Amended 1991
Return of Documents
Upon completion of his mission a lawyer shall return to his client the documents he received from him, if so requested. The client's right to request the return of documents shall lapse five years after the conclusion of the case.
Retainer for the Client's Adversary
A lawyer may not accept a retainer for his client's adversary or provide that person with any assistance, even in the form of an opinion, in cases in which he has previously accepted a retainer or in cases related thereto, even after the termination of his retainer.
Consultation for the Client's Adversary
A lawyer who receives annual or monthly fees for actions or consultations may not accept any action or provide any consultation for his client's adversary.
Professional Secrecy
A lawyer may not disclose any secret entrusted to him or which came to his knowledge through the practice of his profession, even after the termination of his retainer. He may not testify against his client in cases in which he holds or has held a retainer.
Seeking Permission from a Colleague or the President of the Bar
A lawyer who is entrusted with a retainer in a case in which one of his colleagues held a retainer shall decline to accept the retainer unless his colleague authorises him to do so or he obtains the permission of the President of the Bar.
Authorisation by the President of the Bar
1 — A lawyer may not accept a retainer in an action against one of his colleagues or bring a personal action against him before obtaining the authorisation of the President of the Bar. 2 — The request for authorisation shall be submitted to the President of the Bar who shall decide on it if he is unable to reconcile the parties within thirty days of the date of registration of the application with the bar association's registry. If the period expires without the application being decided upon, authorisation shall be deemed to have been granted by operation of law. Each of the parties shall have the right to challenge the express or implied decision of the President of the Bar before the Bar Council within ten days of the date of notification of the express decision or the date on which the implied decision was made. The Bar Council shall decide on the challenge within thirty days of the date of its receipt; otherwise the challenge shall be deemed rejected. 3 — An express or implied Bar Council decision on this matter may be appealed in accordance with the procedures set out in the last amended paragraph of Article /79/. 4 — Notwithstanding the first paragraph of this article, a lawyer may exceptionally accept a retainer in civil actions to take provisional measures over assets in order to protect rights at risk of being lost, prior to obtaining the authorisation of the President of the Bar, provided he submits the request for authorisation within ten days of the date on which such measures were taken.
1. Article 94 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may accept a retainer in an action against one of his colleagues or may himself bring a personal action against him only after obtaining the authorisation of the President of the Bar.'
Amended 1991
The Lawyer's Robe
A lawyer shall always wear his robe when appearing before courts.
Caution
The President of the Bar may address a verbal caution to a lawyer upon the occurrence of a minor infringement by him, without referring the matter to the Disciplinary Council.
Disciplinary Penalties
Any lawyer, whether practising or a trainee, who fails to perform his professional duties as defined by this Law, or who, during the exercise of his profession or outside it, commits an act that diminishes its standing or behaves in a manner inconsistent with its dignity shall be liable to the following disciplinary penalties: 1 — Caution. 2 — Reprimand. 3 — Suspension from the practice of law for a period not exceeding three years. 4 — Removal from the bar association roll.
Suspension
The period of temporary suspension from the practice of law shall count towards the calculation of the traineeship period, the retirement period and all other periods set for assuming bar association posts.
Deprivation of the Right to Vote
When the Disciplinary Council sentences a lawyer to temporary suspension from the practice of the profession, it may, by a specific paragraph of its decision, deprive that lawyer of the right to be elected as a member of the Bar Council for a period not exceeding ten years. This additional penalty shall be mandatory in cases where a lawyer is sentenced on account of his deliberate failure to perform a duty imposed on him by a bar association function entrusted to him.
Foreign Lawyer
The President of the Bar may permit a foreign lawyer to appear before Lebanese courts in a specific case on condition of reciprocity in the bar association to which that lawyer belongs.
Documents of the Bar Council
Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in this Law and those determined by the bar association's internal regulations.
2. Article 116 as originally enacted by Law No. 8 of 1970/3/11: 'Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in the Code of Civil Procedure, subject to the special provisions contained in this Law.'
Amended 1991
Repeal of All Provisions Contrary to This Law
The Law Regulating the Legal Profession issued on 13 December 1945 and all provisions contrary to this Law or inconsistent with its provisions are hereby repealed.
Date of Entry into Force
This Law shall enter into force upon its publication in the Official Gazette.
Subsection 3Disciplinary Proceedings
Disciplinary Proceedings
Enrolment in the Roll of Lawyers
The application for enrolment in the roll of lawyers shall be submitted to the Bar Council. Each application shall be subject to the specific conditions applicable to it as set out in the following two paragraphs: First — Application submitted by a trainee lawyer: The application shall be submitted after completion of the traineeship period and shall be accompanied by the following documents: 1 — A certificate from the lawyer in whose office the applicant trained confirming his regular attendance at the traineeship for three years. 2 — A certificate from the Council Secretariat confirming his attendance at two-thirds of the traineeship lectures. 3 — A statement of the cases or proceedings in which he participated in the study or argument thereof, signed by him and by the lawyer under whom he trained, each on his own responsibility. 4 — A receipt confirming payment of the transfer registration fee, the pension fund fee and the annual subscription fee due from him from the date of his registration in the roll of lawyers. Second — Application submitted by a former judge: The application shall be submitted after leaving the bench and the following specific conditions shall apply to it: A former judge shall be exempt from the age requirement specified in Article Five of this Law; the conditions required under that article shall be deemed to be satisfied and proven by the certificates given to the judge by the competent administrative authority and evidencing his practice of judicial functions for at least three years and that his service therein was not terminated for a disciplinary reason involving dishonour or loss of dignity. A former judge exempt from the age requirement, or one who belongs to the judges' mutual fund and who joins the bar association, shall benefit from all the facilities offered by the bar association to its members, including the retirement pension and medical and social benefits.
1. Article 27 as originally enacted by Law No. 8 of 1970/3/11: Upon completion of the traineeship period, a trainee wishing to enrol in the roll of lawyers shall submit to the Bar Council: 1 — a certificate from the lawyer in whose office he trained confirming his regular attendance at the traineeship for two years; 2 — a certificate from the Bar Council secretariat confirming his attendance at two-thirds of the traineeship lectures.
Amended 1978Amended 1991Amended 1991
Discretionary Power to Enrol the Trainee
The Bar Council shall have a discretionary power to enrol the trainee in the aforementioned roll or to extend his traineeship period.
Rejection of an Application to Complete Traineeship
If the Bar Council's decision rejects the application for completion of traineeship and enrolment in the roll of lawyers, or if it fails to decide on the application by acceptance or rejection within two months of the date of its submission, the applicant for enrolment shall have the right, within two months of the date of notification of the rejection decision or of the expiry of the two-month period set for deciding on the application, to refer the matter to the Civil Court of Appeal in accordance with the provisions of Articles 7, 8 and 9 of the Law Regulating the Legal Profession.
1. Article 29 as originally enacted by Law No. 8 of 1970/3/11: 'If the Bar Council's decision rejects the application for completion of traineeship and enrolment in the roll of lawyers, or if it fails to decide on the application within a period of two months from the date of its submission, the provisions of paragraph 2 of Chapter I (Part II) relating to registration procedures shall apply.'
Amended 1991
List of Names
The Bar Council shall establish a roll containing the names of practising lawyers and trainee lawyers in accordance with its internal regulations.
Subscription Fees
If a lawyer is in arrears with his subscription for three consecutive years without a valid excuse accepted by the Bar Council, his name shall be struck from the general roll after he has been warned and one month has elapsed since that warning. He shall not be entitled to rejoin the bar association unless he pays the registration fee a second time.
Referral of a Lawyer before the Disciplinary Council
A lawyer may be referred before the Disciplinary Council only on the basis of a decision by the President of the Bar issued ex officio or on the basis of a complaint or report submitted to him. A lawyer may not be referred to the Disciplinary Council except after he has been heard by the President of the Bar or his designee, or if he fails to appear for a hearing despite being summoned. The President of the Bar shall ensure the speedy resolution of the case.
Resignation of the Lawyer
A lawyer's departure from the legal profession shall not prevent his disciplinary prosecution for acts he committed before his departure.
Criminal Judgment against a Lawyer
Every court that issues a criminal judgment against a lawyer shall notify the President of the Bar of that judgment.
Investigation and Trial Procedures
The Disciplinary Council shall adopt such investigation and trial methods as it deems to be a guarantee of the rights of the defence and the proper administration of justice. The lawyer who is referred to it shall have the right to retain one lawyer.
The Hearing
Proceedings before the Council shall be conducted in private and the summons and documents shall be notified in accordance with the proper procedure.
Notification of Decisions
Disciplinary Council decisions shall be notified to the President of the Bar and the Appellate Public Prosecution within ten days of the date of their issuance.
Subsection 4Means of Appeal
Means of Appeal
Disciplinary Rulings
Disciplinary rulings issued in absentia shall be open to challenge by the convicted lawyer within ten days of his personal notification of the ruling or of its delivery by registered letter with acknowledgement of receipt. The Disciplinary Council shall consider the challenge and issue its decision thereon within fifteen days of the submission of the challenge in final form. Both the lawyer and the Appellate Public Prosecution shall have the right to appeal any decision issued by the Disciplinary Council, and both appeals must be submitted within the ten days following notification. Appeals against decisions issued by the Disciplinary Council shall be brought before the Court of Appeal, which shall decide on them in closed session, after two members of the Bar Council chosen by that Council from among those members who did not hear the case at first instance are added to its panel. The appellant shall have the right to retain one lawyer to represent him.
Re-enrolment in the Roll of Lawyers
A person whose name has been removed from the bar association roll by a disciplinary ruling shall have the right, after five full years have elapsed since that ruling was issued, to apply to the Bar Council for re-enrolment in the roll of lawyers. If the Council considers that the elapsed period has been sufficient to expunge the effects of his conduct, it shall order re-enrolment of his name. If the Council rejects the application, it may not be renewed until two years have elapsed, and the application may not be renewed after having been rejected twice.
Section 6Penalties, Miscellaneous Provisions and Transitional Measures
Penalties, Miscellaneous Provisions and Transitional Measures
Subsection 1Penalties
Penalties
Definition of the Legal Profession
The legal profession is a profession regulated by this Law and aims to fulfil the mission of justice by providing legal opinions and defending rights.
Performance of a Public Service
The legal profession contributes to the performance of the public service and, for this reason, those who practise it are accorded the rights, protections and guarantees provided for in this Law and are equally bound by the obligations it imposes.
Compliance with Client Instructions
A lawyer is not obliged to comply with the instructions of his client except to the extent that they accord with conscience and the interests of the client.
Conditions for Practising the Legal Profession
The following conditions are required of any person intending to practise the legal profession: First: to have been Lebanese for at least ten years. Second: to have full civil capacity and to be at least twenty (20) years of age and not to have exceeded sixty-five years of age. Third: to hold the second part of the Lebanese Baccalaureate, a Lebanese law degree and the equivalent degree referred to in the following article. The right of those who benefited from the exemption referred to in paragraph /2/ of Article /20/ of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate shall be preserved, as shall the right of those who sat for the Lebanese Baccalaureate second-part examinations and obtained official certificates standing in place of the qualification, and those who obtained official foreign secondary school leaving certificates both inside and outside the country and obtained an equivalence for them, for the academic years from 1987 through to 1991. Fourth: to be of good repute warranting trust and respect. Fifth: not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth: not to have been dismissed from public office or a previous profession for a reason involving dishonour or loss of dignity.
1. Article 5 as originally enacted by Law No. 8 of 1970/3/11: 'The following conditions are required of any person intending to practise law: First — to have been Lebanese for at least ten years. Second — to be at least twenty-four years of age and to have full civil capacity. Third — to hold the second part of the Lebanese Baccalaureate and a Lebanese law degree and the equivalent degree referred to in the following article. Notwithstanding the foregoing, all students duly enrolled in Lebanese law faculties in 1969 are exempt from the equivalent degree requirement and the traineeship period remains three years; likewise preserved is the right of those who benefited from the exemption referred to in paragraph 2 of Article 20 of the Law Organising Higher Education issued on 26 December 1961 concerning the equivalence procedure for the Lebanese Baccalaureate. Fourth — to be of good repute warranting trust and respect. Fifth — not to have been convicted of a criminal or disciplinary offence involving dishonour or loss of dignity. Sixth — not to have been dismissed from public office or a previous profession for an act involving dishonour or loss of dignity.'
Amended 1991
Subjects of the Equivalent Degree
The subjects of the equivalent degree shall substitute for the four years of study required for obtaining the law degree and shall be determined by a decision issued by the Council of the Lebanese University after obtaining the approval of the Beirut and Tripoli bar associations. In the event of disagreement or if the determination of these subjects proves impossible, the Council of Ministers shall decide on the matter by decree.
Amended 1978
Registration Applications
Registration applications in the bar association shall be submitted to the competent Bar Council together with the supporting documents establishing that the conditions set out in Article Five are met. The Bar Council shall issue a reasoned decision on the registration application within two months of the date of its submission, unless it considers that an investigation is necessary, particularly regarding the applicant's background, in which case the period shall be extended to four months. If the said period elapses without the application being decided upon by acceptance or refusal, the applicant shall have the right to refer the matter to the Civil Court of Appeal in the governorate where the bar association applied to for membership has its seat.
Submission of a Refusal Decision to the Court of Appeal
The appeal shall be submitted to the Court of Appeal within thirty days from the date on which the applicant is notified of the refusal decision or from the date on which the four-month period referred to in the preceding article expires. Upon submission of the appeal to the Court of Appeal, the applicant's file shall be retrieved from the Bar Council, and the Council shall be required to transmit it within a maximum of two weeks along with any observations it wishes to make.
Representation of the Bar Association before the Court of Appeal
Two members of the Bar Council appointed by the President of the Bar shall sit on the panel of the Court of Appeal when examining registration applications. If one or both of the bar association's representatives fail to attend, or if they are not appointed, the Court of Appeal sitting in its ordinary composition shall be competent to decide the appeal.
The Oath
Upon the issuance of the decision registering him, whether in the roll of trainee lawyers or in the roll of practising lawyers, the lawyer shall swear the following oath before the Civil Court of Appeal in the presence of the President of the Bar or his deputy: "I swear by Almighty God and upon my honour that I shall preserve the confidentiality of my profession, that I shall carry out my duties faithfully, that I shall uphold its ethics and traditions, that I shall abide by its laws and regulations, that I shall not say or publish, whether as an advocate or as a consultant, anything contrary to God and morality or prejudicial to State security, that I shall respect the judiciary, and that I shall conduct myself in all matters in a manner that warrants trust and respect." No lawyer may commence practising law before taking this oath.
Traineeship
A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal. This provision shall not apply to a judge who has spent in judicial service a period equivalent to the traineeship period, nor to professors who have taught law subjects for a period of less than three years, nor to lawyers practising before the Court of Appeal who are requesting his registration.
1. Article 11 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of two years at the office of a lawyer practising before the Court of Appeal. This provision shall apply to a judge who has spent in judicial service a period equivalent to the traineeship period.' First paragraph of Article 11 as amended by Law No. 78/18 of 1978/12/18: 'A lawyer who registers his name in either of the two bar associations shall undergo a traineeship of three years at the office of a lawyer practising before the Court of Appeal.'
Amended 1978Amended 1991
Production of a Supporting Document
A trainee lawyer applying to register his name in the bar association shall specify in his application the name of the lawyer in whose office he wishes to train and shall produce a document confirming that lawyer's consent to accept him as a trainee in his office.
Documents to be Attached to the Traineeship Application
The applicant for traineeship shall attach to his application the following documents: First: the three qualifications specified in paragraph 3 of Article Five. Second: his criminal record extract. Third: his identity document.
Submission of the Registration Application
The application for registration in the roll of trainees shall be submitted to the President of the Bar, who shall refer it to one of the Bar Council members to prepare a report as to whether the legal conditions are satisfied. The application, together with the report and the supporting documents, shall be forwarded to the Bar Council for a decision in accordance with the provisions of this Law.
Incompatibilities
The practice of law is incompatible with: 1 — Any public post or office except membership of the Chamber of Deputies, municipal and administrative councils, and other posts and offices for which no remuneration is paid. 2 — Commercial, industrial and craft activities (except legal or scientific journalism) and all other profit-seeking professions. 3 — The chairmanship, vice-chairmanship or directorship of companies of any kind. 4 — Expertise before courts or other authorities or bodies. 5 — Any activity incompatible with the independence of the lawyer or inconsistent with the dignity of the legal profession. 6 — The Presidency of the Chamber of Deputies and ministerial office; a lawyer who assumes such duties shall, upon commencing them, discontinue the practice of his profession and notify the President of the Bar accordingly.
Incompatibility between Ministerial Office and Practice of Law
A lawyer who has held a ministerial portfolio may not, during the year following his departure from office, accept a retainer personally or through an intermediary lawyer in cases related to his ministry that are pending before the courts, administrative divisions, administrative councils or independent authorities subject to the oversight of the ministry he headed.
Retainer on Behalf of the State
A lawyer who is a member of parliament may not accept a retainer personally or through an intermediary lawyer in actions brought by or against the State or its institutions or independent authorities.
Municipal Actions
A lawyer elected as a member of a municipal council may not accept a retainer personally or through an intermediary lawyer in actions brought by or against that municipality.
Former Civil Servant Lawyer
A government employee who has left public service and has taken up the practice of law may not accept a retainer personally or through an intermediary lawyer in actions brought against the authority in which he served, during the three years following his departure from service.
Former Judge Lawyer
A person who was a judge before taking up the practice of law may not accept a retainer personally or through an intermediary lawyer in cases that were before him in his judicial capacity.
Former Expert, Arbitrator or Official Lawyer
A person who has expressed an opinion in a case when it was before him in the capacity of an official, arbitrator or expert may not accept a retainer in that case.
Definition of the General Assembly
The General Assembly is the supreme authority for lawyers. It shall hold its ordinary meeting once a year on the first Sunday of November and shall convene in extraordinary session whenever the Bar Council deems it necessary or upon a request submitted to it by one-third of the lawyers entitled to attend such meeting.
President of the Bar
The General Assembly shall be chaired by the President of the Bar, and in his absence by the most senior former president present among those attending, then by the Secretary-General, and then by the most senior member of the Bar Council present in terms of age.
1. Article 36 as originally enacted by Law No. 8 of 1970/3/11: 'The General Assembly shall be chaired by the President of the Bar and in his absence by the Secretary-General and in the absence of both the chairmanship shall fall to whichever of the former presidents present is most senior in age.'
Amended 1991
Convening of General Assemblies
The ordinary General Assembly shall convene on the date set by Article 35 of this Law. The extraordinary General Assembly shall convene on the date determined by the Bar Council. Practising lawyers entitled to attend either of these assemblies shall be convened by a letter addressed to them individually or by a notice published in three daily newspapers and posted at the entrance of the bar association's headquarters and at every chamber of the bar association in the regions under its jurisdiction.
Validity of the Meeting
A meeting of the General Assembly shall be considered valid if attended by more than half of the number of voters entitled to vote. If this quorum is not reached, the convocation shall be repeated for another meeting to be held after a period of ten days, and that meeting shall be valid regardless of the number of those attending. Decisions shall be taken by a relative majority, including election results.
Participation in the General Assembly
Only practising lawyers enrolled in the roll who have paid their annual fees on time may participate in the General Assembly and may be counted among the voters or candidates.
Business of the General Assembly
The annual ordinary General Assembly shall deal with the following matters: 1 — Election of the President of the Bar, the members of the Bar Council and the members of the Pension Fund Committee referred to in paragraph 3 of Article 3 of Legislative Decree No. 180 of 1942/5/21. 2 — Auditing and approving the final accounts for the preceding year and the budget for the following year. 3 — Determining the annual subscription fee payable by lawyers to the bar association fund and the pension fund.
1. See Law No. 62 of 1988/8/12 concerning the retirement fund for lawyers of Beirut and Tripoli.
Jurisdiction of the Extraordinary General Assembly
The extraordinary General Assembly shall consider only those matters specified in the convocation request or in the Bar Council's decision.
Retention of a Lawyer
Non-lawyers may not be retained before courts and the retention of a lawyer is mandatory where the law so provides and in the following cases: 1 — Before the Criminal Court. 2 — Before the Court of Cassation and the administrative judiciary in all cases. 3 — Before the Court of Appeal in all civil, religious and denominational cases. 4 — Before courts of first instance in unquantifiable civil cases except personal status actions, and in other cases where the value of the dispute exceeds three hundred thousand Lebanese pounds. 5 — Before summary courts except in ex parte applications. 6 — Before enforcement divisions for the enforcement of judgments, bills and other contracts and instruments exceeding three hundred thousand Lebanese pounds. 7 — Before appellate expropriation committees.
1. Article 61 as originally enacted by Law No. 8 of 1970/3/11: 'Non-lawyers may not be retained before courts and the assistance of a lawyer is mandatory: 1 — before the Criminal Court for the defence of the accused; 2 — before the Court of Cassation and the administrative judiciary in all cases; 3 — before the Court of Appeal in all civil, religious and denominational cases; 4 — before courts of first instance in civil cases where the value of the dispute exceeds one thousand Lebanese pounds; 5 — before enforcement divisions for the enforcement of judgments and other contracts and instruments exceeding one thousand Lebanese pounds; 6 — before primary expropriation committees for amounts exceeding one thousand Lebanese pounds and before appellate expropriation committees without exception.'
Amended 1971Amended 1991
Permanent Lawyer
Every undisclosed company and every capital company, including a limited liability company, whose paid-up capital amounts to one million pounds or more and that operates in Lebanon, whether its principal office is in Lebanese territory or it has a branch there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the practising lawyers enrolled in the Tripoli Bar Association roll. A lawyer who fails to notify the bar association of this retainer shall be subject to disciplinary proceedings. No commercial company referred to in this article shall be registered after the publication of this Law unless it produces proof of compliance with this obligation.
1. Article 62 as originally enacted by Law No. 8 of 1970/3/11: Every commercial company operating in Lebanon with a capital of five thousand Lebanese pounds or more, whether its principal office is in Lebanese territory or it has a branch or agency there, is required to retain a permanent lawyer from among the practising lawyers enrolled in the bar association's roll on an annual retainer fee basis. If the company has a branch in North Lebanon, that branch must have its own separate lawyer from among the lawyers enrolled in the Tripoli bar association roll.
Amended 1971Amended 1978Amended 1991
Annual Retainer
A lawyer may not accept a retainer on annual fee terms from more than five commercial companies among those required to retain a lawyer pursuant to Article /62/ of the Law Regulating the Legal Profession.
2. Article 63 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may accept annual retainers from no more than five of the companies referred to in Article /62/ above. The Bar Council may, by regulatory decision, increase this number to twenty.
Amended 1971Amended 1991
Authentication of Contracts
Article 64 was repealed by Article 1 of Decree No. 385 of 1971/1/13.
1. Article 64 as originally enacted by Law No. 8 of 1970/3/11: 'Commercial, industrial or real-estate contracts of any kind worth more than twenty thousand pounds, and contracts which the law requires to be authenticated by an official instrument for their validity, may not be registered unless a lawyer enrolled in the general roll has endorsed them with a note confirming that he was the one who drafted them. The lawyer is required to affix a pleading stamp of two pounds and a traineeship stamp of three pounds to be credited to a fund called the Traineeship Fund, whose regulations shall be enacted by the Bar Council and approved by the Minister of Justice.'
Amended 1971
The Retainer
A lawyer shall be engaged to appear in court either by a formal power of attorney issued by his client or by a commission issued by the President of the Bar.
Commission to Appear
A lawyer shall be commissioned to appear by the President of the Bar in the following cases: 1 — Where legal aid is granted to litigants. 2 — Where several lawyers refuse to accept the retainer in a specific action. 3 — Where the Criminal Court or Juvenile Court requests the appointment of a lawyer to defend a defendant or juvenile who has not appointed a lawyer for himself. 4 — Where a lawyer dies, has his name struck from the roll, is suspended, or is subject to a restraining order and is unable to carry out his retainer. In this case, the task of the commissioned lawyer shall be limited to taking provisional measures to protect the interests of that lawyer's client until the client appoints a new lawyer.
Retainer Fees
The share of fees payable to notaries public shall be allocated to the bar association fund from the retainers drawn up within its jurisdiction, out of the fees collected in respect of such retainers. This share shall be collected by means of a special stamp issued by each of the Beirut and Tripoli bar associations, and notaries public shall be required to affix this stamp to every retainer they draw up.
2. See Decision No. 1377 of 1991/5/2 concerning the procedure for collecting the proportional fee in favour of the Beirut and Tripoli bar associations.
Amended 1978
Right to Legal Fees
A lawyer is entitled to claim fees for the work he performs within the scope of his profession and to recover the expenses he incurs in connection with the case for which he was retained.
Determination of Legal Fees
Legal fees shall be determined by an agreement concluded between the lawyer and his client. If such fees exceed 20 per cent of the value of the dispute in civil matters, the court may reduce them. In the absence of a written agreement determining the fees, the court shall determine them after obtaining the opinion of the Bar Council, having regard to the importance of the case, the work performed and the financial circumstances of the client. Where a written agreement has been concluded between the client and the lawyer, the lawyer shall have the right to enforce it through the enforcement division after obtaining the President of the Bar's authorisation in accordance with the first paragraph of Article /73/ of this Law. The Court of Appeal hearing legal fee cases shall adjudicate objections to the enforcement of the written agreement in accordance with summary proceedings, and its decisions shall be final and subject to any means of appeal. The lodging of an objection shall not suspend enforcement unless the Court of Appeal so orders. Upon the termination of any annual retainer by the client without lawful cause, or upon the permanent proven incapacity of the retained lawyer, his retirement or his death, the client shall be required to pay the lawyer or his heirs compensation equal to one month's fees for each year of retainer, calculated on the basis of the last annual fees or compensation received. After twenty years of retainer, an annual retained lawyer who has attained the age of sixty shall be entitled to transfer his benefits from the retainer. In such case the client shall pay the compensation referred to in the preceding paragraph.
1. Article 69 as originally enacted by Law No. 8 of 1970/3/11: 'Legal fees shall be determined by an agreement concluded between the lawyer and his client, provided that if such fees exceed twenty per cent of the value of the dispute in civil matters the court may reduce them. In the absence of an express agreement determining the fees, the court shall determine them having regard to the importance of the case, the work performed and the financial circumstances of the client.'
2. See Circular No. 1169/1 of 2011/10/20 concerning the tax treatment of the compensation received by a lawyer from his client as a result of the termination of a retainer concluded on an annual fee basis.
Amended 1991
Unanticipated Actions
If incidental actions that were not anticipated arise from the main action, the lawyer shall be entitled to claim fees in respect of those actions.
Withdrawal by the Lawyer
If the lawyer withdraws for reasons that justify such withdrawal, he may claim fees for the work he has already performed. If his client discharges him without justification, the lawyer may claim his full fees.
Legal Fees as a Privileged Debt
A lawyer's fees shall be considered a privileged debt, provided that this privilege shall not affect the rights which the law designates as privileged nor the real rights registered before the action was brought or the claim for fees was made.
Procedure for Claims for Legal Fees
A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The First President of the Court of Appeal shall designate one of the presidents of the court's chambers to examine the application, hear both parties and consult the opinion of the Bar Council. The decision issued by the designated President may be challenged before the chamber presided over by the First President. The First President may also refer this challenge to a chamber other than the one whose president issued the challenged decision. The challenge shall be submitted, under pain of rejection, within fifteen days of the date of notification of the decision. The decision issued following the challenge shall be subject to any means of appeal. Cases pending before the competent courts under prior laws shall be decided in accordance with the provisions under which they were referred.
3. Article 73 as originally enacted by Law No. 8 of 1970/3/11: A lawyer may in various fee actions claim his fees and expenses after obtaining the authorisation of the President of the Bar. The application shall be submitted to the President of the Civil Chamber of the First Court of Appeal in the jurisdiction where the lawyer resides; the President shall examine the application after hearing both parties and after consulting the opinion of the Bar Council in summary proceedings. The decision issued by the President of the Court may be challenged before the court over which he presides. The challenge shall be submitted, under pain of rejection, within five days from the date of notification of the decision and shall be decided in chambers as a final and conclusive ruling.
Amended 1978Amended 1991
The Right of Defence
The right of defence is sacred. A lawyer shall not be held accountable nor shall any action for defamation, libel or contempt lie against him in respect of written or oral pleadings made by him, provided he does not exceed the bounds of the defence.
Pre-trial Detention
Pre-trial detention shall not be permitted in actions for defamation, libel or contempt brought against a lawyer on account of statements or writings made during the exercise of his profession. It shall also not be permitted to make the bringing of the action conditional upon the presence of one of the judges of the court in which the incident occurred.
1. Pre-trial detention is a liberty-restricting measure that entails placing the defendant in custody for an indefinite period, which may extend beyond the investigation, i.e. until he appears before the court or a judgment is issued against him, and which may end during or after the investigation upon a decision to release him. (Latif al-Naqib, Criminal Procedure Law).
Offences Committed against a Lawyer
Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator, accomplice, accessory or instigator to the same penalty as that applicable when such an offence is committed against a judge, subject to the normal avenues of review.
2. Article 76 as originally enacted by Law No. 8 of 1970/3/11: 'Any offence committed against a lawyer during the exercise of his profession or by reason of that exercise shall expose the perpetrator to the penalty provided for in paragraph 5 of Article 383 of the Penal Code.'
Amended 1978
Order for the Search of a Lawyer's Office
Any judicial order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed until at least 24 hours have elapsed since a copy thereof has been deposited at the headquarters of the bar association to which he belongs, together with a notice addressed to the President of the Bar inviting him to attend the proceedings personally or through a Bar Council member designated by him for this purpose.
1. Article 77 as originally enacted by Law No. 8 of 1970/3/11: 'Any judicial or administrative order for the search of a lawyer's office, the attachment of assets held by him or the inventory of his possessions may not be executed before notifying the President of the Bar in writing and inviting him to attend the proceedings personally or through a member of the Bar Council designated by him for this purpose, provided that notification is given no fewer than twenty-four hours before the time of execution.'
Amended 1971
Affixing of Seals
Seals may not be affixed to a lawyer's office for the purpose of collecting a tax or fee except after at least ten days have elapsed since formal written notice was given to the person concerned and the headquarters of the bar association to which he belongs was notified of the matter, all in compliance with the provisions of Article 12 of Legislative Decree No. 147 of 1959/6/12 and Article 13 of Decree No. 2832 of 1959/12/14, and provided that a written record thereof is drawn up.
2. Article 78 as originally enacted by Law No. 8 of 1970/3/11: 'Seals may not be affixed to a lawyer's office for any reason.'
Amended 1971
Interrogation and Prosecution of a Lawyer
Except in cases of flagrante delicto, a lawyer may not be interrogated about an offence attributed to him before the President of the Bar is notified, who shall have the right to attend the interrogation personally or through a Bar Council member designated by him. A lawyer may not be prosecuted for an act arising from or in connection with the practice of his profession except by a decision of the Bar Council authorising the prosecution. The Bar Council shall assess whether the act arose from or in connection with the profession. The decision to authorise or refuse the prosecution shall be issued within one month of the date on which the President of the Bar was notified in writing of the act. If the month elapses without a decision being issued, authorisation shall be deemed to have been granted by implication. Bar Council decisions and decisions of the Pension Fund Management Committee may be appealed before the Court of Appeal within ten days of notification, with two members of the Bar Council chosen by that Council from among its members sitting on the adjudicating panel. The Pension Fund Management Committee shall choose these two members from among its members when the matter pertains to that fund.
3. Last paragraph of Article 79 as originally enacted by Law No. 8 of 1970/3/11: 'The Bar Council's decision may be appealed.'
4. See Law No. 42 of 1991/2/19 — Article 2 concerning the right to appeal Bar Council decisions referred to in Article 79 before the Court of Appeal within 15 days of notification.
Amended 1978
Composition of the Disciplinary Council
The Disciplinary Council shall be composed of the President of the Bar or his designee as chairman and two members chosen by the President of the Bar for a term of one year from the Bar Council. One of the two members may be a lawyer enrolled in the general roll for at least ten years. The Disciplinary Council panel shall always wear lawyers' robes, as shall the lawyer appearing before it and his counsel.
Recusal of Disciplinary Council Members
Disciplinary Council members or any one of them may be recused when one of the grounds for the recusal of judges as provided in the Code of Civil Procedure is present. Applications for recusal shall be examined by the Bar Council, which shall decide on them in accordance with the rules on recusal of judges.
1. See Legislative Decree No. 90 of 1983/9/16 (Code of Civil Procedure — Article 120 and following articles) concerning grounds for the recusal of judges.
Penalty for Impersonating a Lawyer
Any person who impersonates a lawyer or practises law without entitlement shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
1. Article 110 as originally enacted by Law No. 8 of 1970/3/11: 'Any person who assumes the title of lawyer or practises law without entitlement shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
2. See Law No. 89 of 1991/9/7 (Article 30) providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Practising Law after Suspension
Any lawyer who practises law after being temporarily suspended from practice or after having his name struck from the roll of lawyers by a final disciplinary decision shall be punished by imprisonment of from six months to three years and a fine of from twenty-five thousand to one hundred thousand Lebanese pounds.
3. Article 111 as originally enacted by Law No. 8 of 1970/3/11: 'Any lawyer who practises law after being prohibited from doing so, during the period of his temporary suspension from practice, or after his name has been struck from the roll of lawyers shall be punished by imprisonment of from three months to two years and a fine of from five to one thousand Lebanese pounds.'
4. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Amended 1991
Penalty for Providing Legal Advice without Entitlement
Any person who provides legal advice without being a lawyer or a professor at a law institute shall be punished by imprisonment of up to one month and a fine of from ten to fifty pounds.
5. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for Touting
Any person who solicits clients from lawyers in exchange for a commission shall be punished by imprisonment of from one month to one year and a fine of from fifty to one thousand pounds or by either of these two penalties. If such a person is a public official, his penalty shall be aggravated within the limits set in Article 257 of the Penal Code. Every tout shall be expelled from the Palace of Justice by the Public Prosecution upon the request of the President of the Bar. If the expelled person re-enters the Palace without lawful cause, he shall be punished by imprisonment of from one week to three months and a fine of from ten to fifty pounds or by either of these two penalties.
1. See Law No. 89 of 1991/9/7 providing for an increase in the amounts of the fines imposed by the courts.
Penalty for a Lawyer Who Uses a Tout
Any lawyer who uses a tout to solicit clients shall be liable to the penalty set out in the first paragraph of the preceding article and shall be suspended from the practice of law for at least one year, and in the event of repetition shall be permanently barred from practising his profession.
Subsection 2Miscellaneous Provisions and Transitional Measures
Miscellaneous Provisions and Transitional Measures
The Trainee Lawyer
A trainee lawyer may not use the title "Lawyer" without adding the designation "Trainee", and may not establish an office in his own name before completing his traineeship.
Transfer from One Office to Another
A trainee lawyer may transfer during his traineeship period from one lawyer's office to another, provided he notifies the Bar Council and obtains the consent of the new office and the Bar Council.
Appearance by the Trainee
During the period of his traineeship a trainee lawyer may appear in the name of the lawyer in whose office he trains before the following courts: 1 — Courts of first instance and committees and councils of all kinds. 2 — The Court of Appeal for misdemeanours, for the convicted party only. 3 — The Criminal Court, for defendants.
Appearance by the Trainee in His Own Name
A trainee lawyer has the right to appear in his own name before all courts except those in which he is restricted by his entry in the general roll.
Traineeship Lectures
The Bar Council shall organise traineeship lectures for trainee lawyers at times determined by the President of the Bar. The President of the Bar or his designee shall chair the traineeship lectures, manage their conduct, lead discussion on their topics and draw up a register of the trainee lawyers who attend. Any trainee lawyer who attends at least two-thirds of the traineeship lectures shall have his traineeship period extended only by a decision of the Bar Council.
Composition of the Bar Council
The Beirut Bar Council shall be composed of twelve members including the President of the Bar, and the Tripoli Bar Council shall be composed of six members including the President of the Bar. The Bar Council shall regulate the manner of electing the President of the Bar and the members. Former presidents of the bar are permanent members of the Bar Council but do not vote.
Election of the Secretary-General, Treasurer and Delegate to the Palace of Justice
The Bar Council shall meet at the invitation of the President of the Bar within three days of each election and shall elect by secret ballot the Secretary-General, the Treasurer and the Delegate to the Palace of Justice.
Term of Office of the President of the Bar
The term of office of the President of the Bar shall be two years. It may not be renewed except after two years have elapsed since the expiry of his term.
Term of Office of Bar Council Members
The term of office of Bar Council members shall be three years. One-third of the members' terms shall expire each year, and no member may be re-elected more than once except after two years have elapsed since the expiry of his term. In the exceptional circumstances in which more than one-third of the members are elected at one time, a draw shall be conducted among the elected members immediately upon completion of the election process and at the first meeting held by the Bar Council, in order to ensure the application of the principle of annual renewal by one-third as provided in the first paragraph. The President of the Bar's membership for the duration of his term as President shall be exempt from the draw, and the term of the member eliminated by the draw shall be considered a full term regardless of its duration.
1. Article 2 of Law No. 83/21 of 1983/8/26 provides as follows: 'A draw shall be conducted among the members of the Beirut Bar Council elected in 1981 immediately upon the entry into force of this Law to eliminate the membership of two-thirds of its members. After the election of replacement members, a further draw shall be conducted among them to select four members whose term shall exceptionally be two years instead of three.'
Amended 1983
Election of the President of the Bar
No lawyer may be elected President of the Bar unless at least twenty years have elapsed since his registration in the roll of practising lawyers and unless he is a member of the Bar Council. No lawyer may be elected a member of the Bar Council unless at least ten years have elapsed since his registration in the aforementioned roll.
Candidacy
Candidacy nominations for the position of President of the Bar and for Bar Council membership shall be submitted to the Bar Council by the candidate himself or by at least five lawyers entitled to participate in the General Assembly. Nominations submitted after the first of October of the year in which the election is held shall be rejected.
Legal Requirements
The Bar Council shall verify that the candidacy satisfies the legal requirements and shall issue its decision accepting or rejecting it before the tenth of November; otherwise the candidacy shall be deemed accepted. The Bar Council's decision shall be communicated to the candidate by registered letter immediately upon its issuance and a copy shall be posted at the entrance of the bar association's headquarters.
Appeal against a Decision to Accept or Reject a Candidacy
The decision accepting or rejecting a candidacy may be appealed by any interested party within three days of the date on which the decision is deposited in the bar association's registry. The Court of Appeal shall decide on the matter in chambers within three days.
The Election
Elections shall be conducted by secret ballot. All other procedural rules for elections shall be determined by the internal regulations.
Victory in Elections
The candidate who obtains the relative majority of votes cast shall be declared elected. In the event of a tie, the one most senior in the bar association's roll shall prevail, and in the event of equal seniority the older candidate shall prevail.
Vacancy of the Position of President of the Bar
If the position of President of the Bar falls vacant for any reason, the General Assembly shall be convened within thirty days of the date of the vacancy to elect a new President of the Bar if the remainder of the term exceeds six months, and the newly elected President shall complete the remainder of the previous President's term. If the remainder of the term is less than six months, the Secretary-General shall assume the duties of President of the Bar by delegation until the end of the term.
Vacancy of a Bar Council Seat
If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant up to one half of the members, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If seats comprising more than half of the members fall vacant before the first transition, the extraordinary General Assembly shall be convened within a period of one month, during the first ten days of which candidacies shall be submitted for the election of those who will fill these seats. In all the foregoing cases, the successor shall serve the remainder of his predecessor's term.
1. Article 53 as originally enacted by Law No. 8 of 1970/3/11: 'If a Bar Council seat falls vacant, it shall be filled by the runner-up who obtained the largest number of votes after the winners in the last election. If there is no runner-up or if two or more seats fall vacant to the extent of two-thirds, the Bar Council shall continue its work with a reduced membership of the remaining members until the first General Assembly, at which those who will fill the vacant seat or seats shall be elected. If two-thirds of the seats fall vacant before the first transition, the extraordinary General Assembly shall be convened to elect those who will fill these seats. In all the foregoing cases, the successor shall take the place of his predecessor for the remainder of his term.'
Amended 1991
Dissolution of the Bar Council
The Bar Council shall be considered dissolved if the number of vacant seats exceeds two-thirds. In this case the extraordinary General Assembly shall be convened to elect all members of the Bar Council, while the President of the Bar shall remain in his position.
Deemed Resignation of a Bar Council Member
Any member of the Bar Council who is absent from three consecutive meetings without an acceptable excuse shall be deemed to have resigned.
Valid Sessions
Sessions of the Council shall be valid only if held at their scheduled times or at times determined by the President of the Bar.
Quorum
Sessions of the Council shall be valid only when an absolute majority of its members are present.
Council Decisions
Council decisions shall be taken by a majority and in the event of a tie the side on which the President of the Bar voted shall prevail. Any interested party shall have the right to obtain from the bar association's registry a certified true copy of the Council's decisions.
1. Article 58 as originally enacted by Law No. 8 of 1970/3/11: 'Council decisions shall be taken by a relative majority and in the event of a tie the side on which the President of the Bar voted shall prevail.'
Amended 1991
Jurisdiction of the Bar Council
The Bar Council shall be competent to manage the affairs of the bar association and shall have in particular the following powers: 1 — To decide on applications for membership of the bar association and on applications for appointment to bar association posts. 2 — To draw up and amend the bar association's internal regulations and all other regulations relating to the bar association. 3 — To determine and amend the registration fee and to collect it. 4 — To implement the resolutions of the General Assemblies. 5 — To prepare the annual budget and implement it. 6 — To mediate between lawyers in disputes relating to the practice of the profession. 7 — To convene general meetings. 8 — To represent the bar association at international professional conferences. 9 — To correspond with authorities and to express opinions on matters within the bar association's purview. 10 — To seek placements for trainees in lawyers' offices. 11 — To supervise the conduct of lawyers. 12 — To issue instructions to lawyers relating to the practice of their profession. 13 — To supervise lawyers' chambers and all institutions affiliated with the bar association. 14 — To grant leaves of absence to those who are prevented from practising law and to determine the conditions of such leaves. 15 — To organise the traineeship and to decide whether it has been completed or to extend its duration. 17 — To establish financial prizes to be paid from the bar association's fund to those who diligently serve a worthy cause. 18 — To decide on financial assistance for lawyers.
2. Former paragraph 16 of Article 59 as enacted by Law No. 8 of 1970/3/11: '16 — To settle definitively disputes relating to bar titles through a committee of its members.'
Powers of the President of the Bar
The President of the Bar shall represent the bar association and shall have in particular the following powers: 1 — To supervise its administration and to defend its rights. 2 — To chair the General Assembly and the Bar Council, to implement the decisions of each of them, and to sign the contracts they approve. 3 — To litigate in the name of the bar association, with the right to intervene personally or through a Bar Council member of his choosing in every case of concern to the bar association or to one of its lawyers, and to assume the role of civil plaintiff in every case involving acts that affect the dignity of the bar association or one of its members. 4 — To appoint a representative of the bar association in the seat of each judicial district, to determine his powers and to dismiss him. 5 — To appoint the lawyers assigned to defend those who are granted legal aid and the lawyers assigned, when necessary, to defend defendants and juveniles. 6 — To work towards the resolution of disputes arising between lawyers on professional matters.
Compliance with Principles of Honour, Integrity and Probity
A lawyer shall in all his dealings comply with the principles of honour, integrity and probity, shall perform all the duties imposed on him by this Law and shall respect the ethics and traditions of the legal profession.
Witnesses to a Case
A lawyer is prohibited from contacting witnesses to a case entrusted to him, from listening to their testimony before they give it, or from discussing with them any matter relating to that testimony.
Purchase of Rights
A lawyer is prohibited from purchasing contested rights.
Professional Civil Partnerships
Professional civil partnerships may be established, bringing together lawyers practising before the Court of Appeal as partners. The object of such civil partnerships shall be the practice of the legal profession. The partnership deed shall be in writing or registered with the bar association, as shall any amendment thereto. Lawyers who share or collaborate in a single office may not act in opposition to each other, nor may they represent opposing parties in transactions or cases.
1. See the Law of 1932/3/9 (Code of Obligations and Contracts — Article 844 and following articles) relating to civil partnerships.
The Lawyer's Office
A lawyer must maintain an office in the area of the bar association to which he belongs and may not maintain more than one office.
Prohibited Conduct
A lawyer is prohibited from soliciting clients whether by means of advertising, the use of intermediaries or touts, or by any other means. He may not allocate a share of his fees to any person who is not a lawyer.
Advertising
A lawyer is prohibited from advertising his office. He may not affix to his entrance more than one sign bearing his name.
Performance of Duties
A lawyer is responsible to his client for the performance of his duties in accordance with the provisions of the law and the terms of his retainer.
Withdrawal
A lawyer may withdraw from a retainer after accepting it, provided he notifies his client and the court of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal. If the lawyer is for any reason unable, particularly where the client is resident elsewhere, to notify the client of the withdrawal from the retainer, the matter shall be referred to the court handling the dispute, which shall give a final ruling on the validity of the withdrawal after the lawyer has demonstrated before it that notification to the client proved impossible. In such case the court shall relieve the lawyer of his obligation to represent his client and the subsequent procedural steps leading up to the withdrawal shall be communicated to the client in accordance with the legal rules of procedure.
2. Article 88 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may withdraw from a retainer after accepting it, provided he notifies his client of such withdrawal and takes the precautionary measures necessary to prevent any harm to his client resulting from his withdrawal.'
Amended 1991
Return of Documents
Upon completion of his mission a lawyer shall return to his client the documents he received from him, if so requested. The client's right to request the return of documents shall lapse five years after the conclusion of the case.
Retainer for the Client's Adversary
A lawyer may not accept a retainer for his client's adversary or provide that person with any assistance, even in the form of an opinion, in cases in which he has previously accepted a retainer or in cases related thereto, even after the termination of his retainer.
Consultation for the Client's Adversary
A lawyer who receives annual or monthly fees for actions or consultations may not accept any action or provide any consultation for his client's adversary.
Professional Secrecy
A lawyer may not disclose any secret entrusted to him or which came to his knowledge through the practice of his profession, even after the termination of his retainer. He may not testify against his client in cases in which he holds or has held a retainer.
Seeking Permission from a Colleague or the President of the Bar
A lawyer who is entrusted with a retainer in a case in which one of his colleagues held a retainer shall decline to accept the retainer unless his colleague authorises him to do so or he obtains the permission of the President of the Bar.
Authorisation by the President of the Bar
1 — A lawyer may not accept a retainer in an action against one of his colleagues or bring a personal action against him before obtaining the authorisation of the President of the Bar. 2 — The request for authorisation shall be submitted to the President of the Bar who shall decide on it if he is unable to reconcile the parties within thirty days of the date of registration of the application with the bar association's registry. If the period expires without the application being decided upon, authorisation shall be deemed to have been granted by operation of law. Each of the parties shall have the right to challenge the express or implied decision of the President of the Bar before the Bar Council within ten days of the date of notification of the express decision or the date on which the implied decision was made. The Bar Council shall decide on the challenge within thirty days of the date of its receipt; otherwise the challenge shall be deemed rejected. 3 — An express or implied Bar Council decision on this matter may be appealed in accordance with the procedures set out in the last amended paragraph of Article /79/. 4 — Notwithstanding the first paragraph of this article, a lawyer may exceptionally accept a retainer in civil actions to take provisional measures over assets in order to protect rights at risk of being lost, prior to obtaining the authorisation of the President of the Bar, provided he submits the request for authorisation within ten days of the date on which such measures were taken.
1. Article 94 as originally enacted by Law No. 8 of 1970/3/11: 'A lawyer may accept a retainer in an action against one of his colleagues or may himself bring a personal action against him only after obtaining the authorisation of the President of the Bar.'
Amended 1991
The Lawyer's Robe
A lawyer shall always wear his robe when appearing before courts.
Caution
The President of the Bar may address a verbal caution to a lawyer upon the occurrence of a minor infringement by him, without referring the matter to the Disciplinary Council.
Disciplinary Penalties
Any lawyer, whether practising or a trainee, who fails to perform his professional duties as defined by this Law, or who, during the exercise of his profession or outside it, commits an act that diminishes its standing or behaves in a manner inconsistent with its dignity shall be liable to the following disciplinary penalties: 1 — Caution. 2 — Reprimand. 3 — Suspension from the practice of law for a period not exceeding three years. 4 — Removal from the bar association roll.
Suspension
The period of temporary suspension from the practice of law shall count towards the calculation of the traineeship period, the retirement period and all other periods set for assuming bar association posts.
Deprivation of the Right to Vote
When the Disciplinary Council sentences a lawyer to temporary suspension from the practice of the profession, it may, by a specific paragraph of its decision, deprive that lawyer of the right to be elected as a member of the Bar Council for a period not exceeding ten years. This additional penalty shall be mandatory in cases where a lawyer is sentenced on account of his deliberate failure to perform a duty imposed on him by a bar association function entrusted to him.
Foreign Lawyer
The President of the Bar may permit a foreign lawyer to appear before Lebanese courts in a specific case on condition of reciprocity in the bar association to which that lawyer belongs.
Documents of the Bar Council
Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in this Law and those determined by the bar association's internal regulations.
2. Article 116 as originally enacted by Law No. 8 of 1970/3/11: 'Bar Council documents, decisions and Disciplinary Council rulings shall be notified in accordance with the procedures provided for in the Code of Civil Procedure, subject to the special provisions contained in this Law.'
Amended 1991
Repeal of All Provisions Contrary to This Law
The Law Regulating the Legal Profession issued on 13 December 1945 and all provisions contrary to this Law or inconsistent with its provisions are hereby repealed.
Date of Entry into Force
This Law shall enter into force upon its publication in the Official Gazette.