Algeria International Trade in Legal Services

Algeria International Trade in Legal Services

HOME COUNTRY LICENSING QUESTIONS

Is there legislation governing the legal sector The Law on the Organisation of the Legal Profession, Law no.91-04 dated 8  January 1991
Under what title do lawyers practise?

'Algerian lawyers practise under a single title, 'mohamy' which may be translated as 'avocat' or 'lawyer' 

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

 

 

 

 

 

 

 

In order to take the title of lawyer in Algeria, an individual must be registered in the table of lawyers  (Article 7,  Law No. 91-04). The table of registered lawyers include the titles of lawyers, their names, dates of registration and places of residence. It is organized  in order of seniority and includes a list of those accepted into the training system. An individual needs to fulfill the following conditions in order to have the right to be registered (Article 9):
1. To have Algerian nationality
2. To be at least 23 years old.
3. To be in possession of a bachelor's degree in law or equivalent degree in Islamic law or PhD in law.
4. To have a certificate of competency for the legal profession
5. To enjoy political and civil rights.
6. Not to have been convicted of any crime of dishonesty.
7. Not to have taken any action  opposing the revolution of 1 November 1954.
8. To be in sufficient good health to practice the profession.
9. To be a person of good behavior. 

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

The Algerian legal license entitles the holder to practice throughout the country. According to Article 5 of Law 91-04, a lawyer registered in the table of lawyers can practise his profession throughout  the national territory in front of  all judicial bodies and tribunals, administrative and disciplinary organizations except where provided for by special provisions.

 

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

Lawyers are the only class of people who are entitled to practise law in Algeria. 

 

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

Only Algerian nationals may practise law in Algeria (subject to the exceptions outlined below). 

 

What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation)

Law 91-04 explicitly allows Algerian lawyers to establish law firms. According to Article 94: A company, called a lawyers' firm may be established between two or more lawyers through a contract which possesses moral personality and which has the aim of the common practice of the legal profession as it is organized under this law.

 

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

 

The code of conduct was adopted by the National Bar Association [l’Union Nationale des Barreaux] on 25 March 1995 and approved by decree of the Justice Minister of 4 September 1995. It makes provisions in relation to conflict of interest, professional secrecy, and upholding the honour and dignity of the profession. A full version in French can be found at www.avocats-alger.com.

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

According to Article 96 of Law 91-04,  an Algerian law firm must be registered with the Bar in the place in which it has its main office.

 

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

 

 

 

 

 

According to article 7 and article 96 both individual lawyers and law firms must be registered with the Bar in order to be able to practise law.
The registering authority is the relevant local Bar within Algeria. The largest is the Algiers Bar
(website:http://www.avocatsalger.com)                                                                                              
  
Contact details:
Union nationale des barreaux algériens,  
Palais de Justice, B.P. 17,
Alger, Algeria, 16000
Telephone: +213 2 160 37 13
Fax: +213 2 160 36 97

INDIVIDUAL FOREIGN LAWYERS

Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice?

The rules governing temporary practice by foreign lawyers relate primarily to appearance in court and require the foreign lawyer to register and practise from a 'host' local law firm.

 

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

Business visas of up to six month duration may be obtained on the invitation of a local business or Ministry.

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?

According to Article 6 of Law 91-04, it is possible for a foreign lawyer to obtain a limited licence to defend and act on behalf of litigants in an Algerian Judicial Body. In order to obtain this licence the foreign lawyer must be granted a licence for that purpose by the  competent regional Chairman of the Bar and must operate from the office of a local lawyer practising in the jurisdiction of the relevant Judicial Council. This licence may be cancelled at any stage.

Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement)

Once granted a limited licence, the foreign lawyer must practice from the office of a local lawyer.

 

Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice)

The foreign lawyer must be in good standing with his home bar or licensing authority.

 

 

Are foreign lawyers permitted to undertake arbitration and mediation? Foreign lawyers are permitted to undertake international arbitration in Algeria. Where domestic arbitration provides for the appointment of a lawyer, the Bar Council will appoint an arbitrator from amongst its members, who are by definition Algerian nationals. 
Are foreign lawyers allowed to appear in court under any circumstances? Following article 6 of Law 91-04, a foreign lawyer may obtain a special licence to appear before an Algerian judicial body under certain circumstances.
Can foreign lawyers requalify as local lawyers? There is no provision for a foreign lawyer to requalify as an Algerian lawyer because of the nationality condition.

FOREIGN LAW FIRMS

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

 

A foreign law firm may not obtain a licence to open an office unless this is registered as a local law firm by Algerian lawyers.

 

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

 

Are there different types of foreign law firm 'licence'  (e.g. Joint Law Venture, stand alone foreign licence etc) Not applicable
Is there a quota on the number of licences available? Not applicable
Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? Not applicable
Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they?

Not applicable

 

Are there restrictions on the corporate form a foreign law firm can take? Not applicable
Are there rules about the name a foreign law firm can take? Not applicable
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL Not applicable
   

EMPLOYMENT AND PARTNERSHIP

Are there restrictions on the ownership share of foreign lawyers in a law firm? A 51% rule on local ownership stipulates that any foreign company investing in Algeria must be majority owned by an Algerian company
May a domestic lawyer be employed by a foreign lawyer or law firm? Only lawyers who are members of one of Algeria’s 11 Bar Associations can practise as advocates and run law firms
Can a domestic lawyer enter into partnership with a foreign lawyer? Algerian lawyers may only enter into partnerships with other lawyers who are registered with one of the Algerian Bars (article 151 of the Rules governing the Legal Profession 1996).
Can a domestic lawyer or domestic law firm employ a foreign lawyer? There is nothing in the law to prevent an Algerian lawyer employing a foreign lawyer as a legal consultant, provided that foreign lawyers does not practise law in Algeria.
   

OTHER USEFUL LINKS/SOURCES

Other useful sources or comments or links

Ministry of Justice - http://arabic.mjustice.dz   

Company Registration Office - Centre National du Registre du Commerce - www.cnrc.org.dz   

Algiers Bar - http://www.avocats-alger.com