Sudan International Legal Services

Is there legislation governing the legal sector

The Advocacy Act 1983 ( NB. A new bill is currently under discussion)

Under what title do lawyers practise?

Advocate

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to become an Advocate in Sudan, an individual must be of Sudanese nationality, at least twenty-one years of age and of good character, be in possession of a LLB degree from a recognised educational institution and have passed the Legal Professing exam managed by the Advocates Admissions Committee, unless exempt. Successful applicants must complete a one year prescribed term of traineeship. Candidates are interviewed by the Bar Admission Committee and must swear an oath before they can be admitted. Licences are renewed annually.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

Yes

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

The licence and title of Advocate only relates to representation in front of the Court, all other areas of legal practice are unregulated.

Do you need to hold local nationality to be eligible to practise law?

Only Sudanese nationals are eligible to obtain a full licence to practise law in Sudan.

Lawyers generally work in sole proprietorships although it is legally possible for them to work in partnership, limited liability or multidisciplinary partnerships or in corporations (Partnerships Act 1933; Companies Act 1925).

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Advocacy Act 1983 sets out a number of the ethical duties of Sudanese advocates, including duties to clients, client secrecy, advertising etc. The Sudanese Bar Association has also promulgated a code of conduct.

Do law firms need to receive a "license" (or permission/approval) to practice law?

There are no provisions governing law firms in Sudan, a Sudanese advocate must, however, register his/her office address with the Bar Association and is covered by provisions set out in the Advocacy Act 1983 in relation to advertising, holding of client money. Contingency and conditional fees are currently prohibited by legislation but the pending Advocacy Bill proposes a change).

Which authority issues licences? Are there different authorities for individuals and firms? 

The Sudan Bar Association (Advocacy Act 1983).

Is the jurisdiction a member of the WTO?

Sudan is currently negotiating membership of the WTO.

Has it made any commitments under GATS in legal services?

Not applicable

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

Sudan is a member of the Common Market for East and Southern Africa (COMESA) which is negotiating a customs union.
Sudan is member of the Greater Arab Free Trade Area (GAFTA).
 

Not at present but there is a plan to undertake MRAs in future with a number of Arab countries.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Article 20 of the Advocacy Act allows for preferential recognition of certain jurisdictions.

There are no foreign law firms established in Sudan.

There are no explicit rules on fly in fly out practice.

Yes

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

Sudanese nationality is a prerequisite for practice in Sudan, however foreign nationals may appear on a case by case basis in court.

Not applicable.

Not applicable.

Under the Arbitration Act 2005, parties are free to appoint arbitrators of their choice, and rejection of an arbitrator can only be on the grounds of lack of independence or neutrality.

Are foreign lawyers allowed to appear in court under any circumstances?

Alien advocates may appear before Sudanese Courts on a case by case basis, in conjunction with a local Advocate (Advocacy Act 1983 art.20 (c)). The fee payable in these cases is set by the Admissions Board and may be up to 2% of the value of the suit.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

This is dealt with by the Sudan Bar Central Committee on a case by case basis, although there are no rules forbidding a foreign law firm from establishing and offering the same services as domestic law firms, this system has yet to be tested.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Not applicable

Not applicable

There are no legislative provisions or rules covering ownership interests by foreign lawyers in Sudanese law firms.

There are no legislative provisions or rules on employment by foreign lawyers and in practice many Sudanese lawyers work outside of Sudan for foreign law firms.

Not applicable.

There are no rules preventing this.

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