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Is there legislation governing the legal sector |
Legal Profession Act (CAP.132 of Laws of Brunei). |
Under what title do lawyers practise? |
Advocate and Solicitor |
How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?
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Section 4 of the Act provides that the Chief Justice may admit as an advocate and solicitor any qualified person who has attained the age of 21 years, is of good character and has served satisfactorily in such manner and period of pupillage as may be prescribed for qualified persons.By virtue of section 3(1) of the Act, a person shall be qualified if he: |
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 |
Practising certificates cover the entire territory of Brunei Darrussalam |
Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?
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Practising certificates grant sole rights to appear before and plead in all courts. Unauthorised practice is defined to be when an individual (a) acts as an advocate and solicitor or an agent for any party to proceedings or who, as such advocate and solicitor or agent or in any other capacity (other than as a party to an action in which he is |
Do you need to hold local nationality to be eligible to practise law?
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Under the provisions of the Act, the Chief Justice can decide that the number of advocates practising in Brunei Darussalam is sufficiently adequate to serve the needs of the |
What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
Practising certificates are only granted where an advocate or solicitor (a) is practising or intends to practise in Brunei |
What other ethical or regulatory requirements must a licensed lawyer comply with?
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The Law empowers the Law Society of Brunei to make rules in relation to the regulation of practice and disciplinary rules. There are specific rules in relation to advertising. These rules are found in Rule 43 of the Advocates and Solicitors (Practice and Etiquette) Rules which prohibit certain advertising and soliciting practices. These rules are the same as for local lawyers; |
Do law firms need to receive a "license" (or permission/approval) to practice law? |
Law firms do not need to obtain a separate licence to practice |
Which authority issues licences? Are there different authorities for individuals and firms?
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The Attorney General |
Is the jurisdiction a member of the WTO? |
Brunei Darrussalam joined the WTO on 1 January 1995 |
Has it made any commitments under GATS in legal services? |
Brunei has made no commitments in legal services under the GATS |
Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
Brunei is party to free trade agreements between ASEAN and Australia and New Zealand, India, Japan, Korea as well as the ASEAN free trade area agreement itself. It has a separate bilateral trade agreement in force with Japan |
Do these currently include legal services or are there plans to include them in future? |
Legal Services are not included in Brunei's bilateral agreements.
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Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
Distinctions are made between lawyers depending on their country of origin but these arise from historic links rather than trade agreements. |
Are there any 'foreign law' firms present in this jurisdiction? |
There are no foreign firms present though a number of international firms carry out work for Brunei government agencies from Singapore. One Brunei firm is a member of a South East Asian network of law firms. |
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? |
Temporary practice is not permitted, foreign lawyers must obtain a full licence to practice in Brunei
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Can a foreign lawyer obtain a visa to visit clients or to market but not to practice? |
Visitors may obtain visas for professional/visit visas for 14, 30 or 90 days depending on country of origin and citizenship. |
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? |
There is no limited licence scheme for foreign lawyers |
Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
Not applicable
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Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Not applicable |
Are foreign lawyers permitted to undertake arbitration and mediation? |
The Arbitration Association Brunei Darussalam (AABD) is the sole arbitral body in Brunei and the default for arbitration where no election has been made by the parties. The AABD maintains a panel of international lawyers. |
Are foreign lawyers allowed to appear in court under any circumstances?
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Ad hoc admission is possible according to the Act for (a) a person who holds Her Britannic Majesty’s Patent as Queen’s Counsel; and who — |
Can foreign lawyers requalify as local lawyers?
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By virtue of section 3(1) of the Act, a person shall be qualified if he: (a) as a barrister-at-law of England or Northern Ireland or a member of the Faculty of Advocates of Scotland; (b) is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland; (c) has been active as an advocate and solicitor in Singapore or any part of Malaysia; or (d) is a barrister/solicitor of a Supreme Court of any Australian State or Territory. In addition to that, section 3(3) further entails that a person who is not either a Brunei Darussalam citizen or a permanent resident shall apply for admission only if he or she had been in active practice in any part of the UK, Singapore, Malaysia or Australia or another Commonwealth country or territory designated by the Attorney-General or notice in the Gazette for at least seven years immediately preceding such application. |
Can a foreign law firm obtain a licence to open an office? |
Foreign law firms cannot open offices in Brunei to provide legal services |
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
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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 |
Are there restrictions on the ownership share of foreign lawyers in a law firm? |
Not applicable |
May a domestic lawyer be employed by a foreign lawyer or law firm? |
Foreign law firms may not establish in Brunei but there is no prohibition on Brunei lawyers being employed by foreign firms |
Can a domestic lawyer enter into partnership with a foreign lawyer? |
Commercial association is not permitted |
Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes |
Other useful sources or comments or links |