Tunisia International Trade in Legal Services

Is there legislation governing the legal sector

Law No 87/1989 on the Organisation of the Legal Profession

Under what title do lawyers practise?

Lawyers in Tunisia practise under the title: avocat. They may be registered either as lawyers pleading before the Court of Appeal or the Supreme Court.

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

In order to practise as an avocat in Tunisia, an individual must be registered in the table of avocats. Registration requires an individual: 1.To have held Tunisian nationality for at least 5 years; 2. To be resident in Tunisia; 3. To be between 20 and 50 years of age; (4.repealed); 5. To hold a CAPA (certificat d'aptitude à la profession d'avocat) from the Institut Superieur de la profession de l'avocat (those holding the title of professor of law from a Tunisian or foreign university may gain an exemption from this requirement); 6. To have no criminal record,  never to have been declared bankrupt or to have had his/her registration cancelled for disciplinary reasons; 7. To have fulfilled all legal requirements for national service.  If newly qualified, the lawyer is first entered as a trainee lawyer for one year during which time he/she can only plead in lower courts and cannot establish his own firm. After one year, he/she may apply to be entered on the roll as a lawyer with the right to plead before the Court of Appeal. A lawyer with at least 10 years professional experience, at least eight of which have been spent as a lawyer with the right to plead in front of the Court of Appeal may apply to become a lawyer with the right to appear before the Supreme Court.

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

A Tunisian avocat has the right to practise throughout the country

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

According to article 26 of Law 87/1989, only lawyers may plead before any courts, subject to limited exceptions for the employees of public authorities and the relatives of litigants.

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

The practice of law in Tunisia is reserved to Tunisian nationals.

A Tunisian avocat may be self-employed, practise in association with another Lawyer or in a firm governed by law 87/1989 (Article 27).

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

Law 87/1989 lays out in some detail further ethical requirements including the handling of conflict of interest and confidentiality. Disciplinary proceedings against Tunisian advocats are conducted by the Tunisian Bar or its regional sections, as appropriate.

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

Yes, According to Law firms act No 60 year 1998, Article 16  the demarcation of professional Law firms well be held by the National Council at the request of an order signed by all partners

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

The Tunisian Bar (Le Conseil de l'Ordre National des Avocats) can register an individual who has fulfilled all the necessary conditions in the relevant section of the roll, which is divided into the list of Stagiares, lawyers pleading before the Court of Appeal and lawyers pleading before the Supreme Court. Law firms must be registered with the Tunisian Bar.  The Bar may be contacted at:                                                                                                                                                                                                                                                                Ordre National des Avocats de Tunisie, Palais de Justice, 50 Boulevard Bab Benat,1006 TUNIS, TUNISIE 
Tél. 00 216 71 560 315 - 00 216 71 582 166, Fax. 00 216 71 568 923 - 00 216 71 261 009 

Is the jurisdiction a member of the WTO?

Tunisia joined the WTO on 29 March 1995

Has it made any commitments under GATS in legal services?

Tunisia has not scheduled any commitments on legal services in the WTO

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

Tunisia has bilateral trade agreements with the EU, EFTA, Turkey and is a signatory to the Pan-Arab Free Trade Agreement

Tunisia has not included legal services in any of its bilateral trade agreements although its association agreement with the EU makes provision for liberalisation of trade in services building on whatever commitments have already been made by both parties in the GATS.

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

No

There is one French firm with an office in Tunisia which is structured as a local Tunisian firm. Many international firms are active in the Tunisian market from their Paris offices.

As the practise of law is reserved to Tunisian nationals this is not applicable

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?

As the practise of law is reserved to Tunisian nationals this is not applicable

As the practise of law is reserved to Tunisian nationals this is not applicable

As the practise of law is reserved to Tunisian nationals this is not applicable

No restrictions

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

As the practise of law is reserved to Tunisian nationals this is not applicable

Can foreign lawyers requalify as local lawyers?

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

A foreign law firm may not obtain a licence in its own right but a Tunisian avocat or groups of avocats may open an office which is associated with a foreign law firm. There have been examples of foreign law firms opening offices as 'legal consultants' in the past but there is no legislative or regulatory framework covering this type of operation.

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

Not applicable

Tunisian lawyers may not be employed by foreign law firms

Partnership with foreign lawyers is not permitted.

Since the practice of law is reserved to Tunisian avocats, foreigners could not be employed as lawyers.

Other useful sources or comments or links

Tunisian Government Portal - www.e-justice.tn,

Tunisian lawyers law - www.jurisitetunisie.com/tunisie/codes/avocat/menu.html