Sudan International Legal Services

Sudan International Legal Services

HOME COUNTRY LICENSING QUESTIONS

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.

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

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).

   

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?

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

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

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

Not applicable.

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?

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?

 

Requalification of foreign lawyers is not possible given the requirement for advocates to be Sudanese nationals.

FOREIGN LAW FIRMS

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)

Invest in Sudan sets out the conditions for investment and the formalities requiredhttp://www.sudaninvest.org/English/Invest-Services.htm
All companies must be registered at the Companies Registrar Office. Foreign companies can register a branch following the rules set in http://www.crd.gov.sd/f_companyRegistration.htm  
 

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? In theory a foreign law firm could establish as a business outside of advocacy, under one of the business vehicles permitted in Sudan.
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 Sudanese Bar Association.

EMPLOYMENT AND PARTNERSHIP

Are there restrictions on the ownership share of foreign lawyers in a law firm?

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

May a domestic lawyer be employed by a foreign lawyer or law firm?

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.

Can a domestic lawyer enter into partnership with a foreign lawyer?

Not applicable.

Can a domestic lawyer or domestic law firm employ a foreign lawyer?

There are no rules preventing this.

   

OTHER USEFUL LINKS/SOURCES

Other useful sources or comments or links

 

Verified by

Sudan Bar Association (February 2014)

 

Join the IBA

Expand your international network, gain new business and learn about the latest legal developments through IBA digital content and events, with IBA membership. Available for individuals, students, law firms, bar associations and corporations.

Find out more