OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 6 Year No. 27 ADDIS ABABA - 9Ch March , 2000 CONTENTS Proclamation No. 199/2000 Federal Courts Advocates Licensing and Registration Proclamation Page 1264 PROCLAMATION NO . 199/2000 A PROCLAMATION TO PROVIDE FOR THE LICENSING AND REGISTRATION OF ADVOCATES PRACTICING BEFORE FEDERAL COURTS WHEREAS , advocacy is a profession wherein a person trained and experienced in law , fully aware of judicial proceedings and dictated by the spirit of loyalty , sincerity and genuinety and works in cooperation with the judicial organs for the rule of law and prevalence of justice ; WHEREAS , it is deemed essential to regulate , exhaustively , the licensing and registration of advocates practicing before federal courts ; WHEREAS , it has become necessary to upgrade the criteria required for practicing advocacy with a view of harmonizing the professional competence of ad vocates with the services they render ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : PART ONE General Short Title This Proclamation may be cited as the “ Federal Courts Advocates ' Licensing and Registration Proclamation No. 199/2000 . ” Definitions In this Procalation , unless the context requires otherwise : 1 ) “ Court ” means federal courts and quasi judicial organs ; Unit Price The African Law Archive No.27 9 March , 2000- ~ Page 1273 32. Power to Issue Regulations The Council of Ministers may issue Regulations neces sary for the proper implementation of this Proclamation . 33. Power to Issue Directives The Minister may issue directives necessary for the proper implementation of this Proclamation . 34. Transitory Provisions 1 ) Without prejudice to Article 11. of this Proc lamation , an advocate of Federal Courts who fulfils the following conditions shall be deemed to have been issued with federal courts advocacy license in accordance with this Proclamation , where he is : a holder of a degree in law ; or a holder of a diploma in law and has served for a minimum of ten years as an advocate or whose experience as a judge , public prosecutor or as an attorney in any court , adds up to not less than ten years ; 2 ) Without prejudice to Article 11 of this Proclamation , an advocate of a Federal First Instance Court who fulfils the following conditions shall be deemed to have been issued with a federal first instance court advocacy license in accordance Proclamation where he : ( a ) is a holder of a diploma in law ; or ( b ) has a certificate in law and has served for a minimum of five years as an advocate or whose experience as a judge , public prosecutor , or as ney in any court , adds up to not less than five years ; ( c ) has served , without a certificate , for a minimum of ten years as an advocate or whose experience as a judge , a public prosecutor , or as an attorney in any court , is not less than ten years and has passed the examination set by the Ministry . 35. Repealed and Inapplicable Laws 1 ) Courts ( Registration of Advocates ) Rules . ( Legal Notice No. 166 / 1952 ) is hereby repealed . 2 ) Any law inconsistent with the provisions of this Proclamation may not apply to matters covered under this Proclamation . 36. Effective Date This Proclamation shall enter into force as of the 9th day of March , 2000 . Done at Addis Ababa , this 9th day of March , 2000 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive -No.27 9 March , 2000 - Page 1265 2 ) “ Advocacy Service ” means the preparation of contracts , memorandum of association , documents of amendment or dissolution , of same , or documents to be adduced in court , litigation before courts on behalf of third parties , and includes rendering any legal consultancy services for consideration or without consideration , or for direct or indirect future consideration . “ Advocate ” means a lawyer whose name is regis tered in a register in order to render advocacy services . 4 ) “ Law Clerk ” is a person who assists an advocate in the drawing up of legal documents and rendering of legal advice ; 5 ) “ Advocate Assistant ” means a person who , under the guidance of an advocate , opens files of claims perpared by the advocate in the court of law and receives summons , orders and copies of judgments from courts and delivers same to the concerned persons ; 6 ) “ Client ” means a person ... o enters into contracts with an advocate to obtain advocacy services for himself or for a third party or who tells the facts of the case to an advocate ; 7 ) “ Ministry ” or “ Minister ” ' means the Ministry or Minister of Justice repectively ; 8 ) “ Register ” ' means a record wherein advocates are registered and kept by the Ministry ; 9 ) “ Person ” means any natural or juridical person . PART TWO Licensing and Registration of Advocates 3. Requirement of License 1 ) Any Ethiopian who wishes to render advocacy services shall hold a license . 2 ) Notwithstanding the provisions of Sub - Article ( 1 ) of this Article the following persons may render ad vocacy services without a license : a person who pleads his own case ; a person who pleads , without payment the causes of his / her spouse , parents , children , grandparents , sisters , brothers or of a person to whom he is a tutor or guardian ; ( c ) a federal prosecutor pleading in his official capacity ; ( d ) a head or a shareholder or a partner of a private organization or company who pleads the cause of the organization or company holding a power of attorney to represent such organization or company in court , ( e ) an official of a public body or a public enterprise or a person designated by him who pleads the actions of such public body or public enterprise ; ( f ) any trade union leader or a person designated by the union . The African Law Archive 4. Application for License 1 ) An application for advocacy license shall be nnade in a form designed for such purpose by the Ministry . 2 ) The applicant shall submit the following docliments . together with his application : ( a ) credentials ; ( b ) a letter from his former employer regarding the applicant's conduct or performance ; ( c ) evidence showing that the applicant has passed the entry examination set for the license he applies for as deemed necessary ; ( d ) evidence showing that the applicant has paid the required fee ; ( f ) such other information required by the Ministry . 3 ) A certificate produced in accordance with Sub - Ar ticle 1 ( c ) of this Article shall be valid only where it is produced within one year as of the date of knowledge of passing the exam . 5. Issuance of License 1 ) where the Ministry finds that the application made for a license is in full compliance with the provisions of Article 4 of this Proclamation , it shall render its decision within a period of not more than thirty days . 2 ) · The license shall include the following particulars : ( a ) the name and nationality of the advocate ; ( b ) addresses of the advocate's residence and place of business ; ( c ) type of the license ; and ( d ) name and signature of the issuing officer . 3 ) A license may not be issued to a person who has another permanent job . 6. Renewal of License 1 ) A license shall be renewed annually . 2 ) An application for renewal of a license shall be submitted one month before the expiry of the one year period for which it is issued . 3 ) An applicant shall pay the renewal fee determined by a regulation to be issued in accordance with this Proclamation . 7. Types of License There shall be the following three types of license to be issued by the Ministry : ( a ) a federal first instance court advocacy license ; ( b ) federal courts advocacy license ; and ( c ) a federal court special advocacy license . A Federal First Instance Court Advocacy License Any Ethiopian who fulfils the requirements specified hereinunder shall be issued with a federal first instance court advocacy license : where he has a diploma in law from a legally recognized educational institution , knows the basic laws of Ethiopia and has a minimum of five years relevant experience ; or has a degree in law , knows the basic laws of Ethiopia and has a minimum of two years relevant experience ; 2 ) whose code of conduct is suitable for assisting in the proper administration of justice ; 3 ) who has passed the advocacy entrance examination set for the license applied for ; The African Law Archive No.27 9 March , 2000-- Page 1267 4 ) who is not convicted and sentenced in an offense showing an improper conduct ; and 5 ) who provides a document showing that he has entered a professional indemnity insurance policy . Federal Courts Advocacy License Any Ethiopian who fulfills the requirements specified hereunder shall be issued with advocacy license of Federal Courts of all levels : 1 ) where he has a degree in law from a legally recongized educational institution , knows the basic laws of Ethiopia and has a minimum of five years relevant experience ; 2 ) whose code of conduct is suitable for assisting in the proper administration of justice ; 3 ) who has passed the advocacy entrance examination set for the license applied for ; 4 ) who is not convicted and sentenced in an offense showing an improper conduct ; 5 ) who provides documents showing that he has en tered a professional Indemnity Insurance Policy . Federal Court Special Advocacy License 1 ) Any Ethiopian who defends the general interests and rights of the society and who fulfills the requirements specified hereunder shall be issued with a federal court special advocacy license ; ( a ) where he has a degree in law from a legally recongized educational institution knows the basic laws of Ethiopia and has a minimum of five years , relevant experience : ( b ) who may not receive any kind of reward from a section of a society ; ( c ) whose character is suitable for shouldering such responsibility ; ( d ) who is not convicted and sentenced in an offense showing an improper conduct . 2 ) Any person who has an advocacy license and meets the requirements specified in the provisions of sub Article ( 1 ) of this Article may render advocacy services without a special advocacy license . However , he shall notify the Ministry before ren dering such a service . 3 ) The Ministry shall issue detailed directives relating to the issuance of special advocacy license , the type and quality of services to be rendered through the license , and code of conduct of the license holders . 11. Sitting for Advocacy Entrance Examination 1 ) Any Ethiopian who fulfills the requirements of Articles 8 and 9 of this proclamation and wishes to : obtain an advocacy license shall , take the advocacy entrance exam having paid the registration fee for same . 2 ) Any person who has taught law in Ethiopian higher educational institutions at least as an assistant professor or has served , holding a degree in law , at least for five years as a judge or public prosecutor in a federal high court or above , or as a legal consultant and attorney in known government organs and public enterprises may not be required to take an examination , where he applies for a license within a period of one year from the termination of his employment . The African Law Archive - No.27 9 March , 2000- ~ Page 1268 12. Entrance into Professional Indemnity Insurance 1 ) . An advocate of a Federal Court or a law firm shall enter into professional indemnity insurance . The amount of insurance to be entrered into and other particulars shall be determined by Regulations to be issued by the Council of Ministers 2 ) Entrance into professional indemnity insurance specified , as a requirement , under Articles 8 ( 5 ) and 9 ( 5 ) of this proclamation shall not be applicable until the Council of Ministers issues the Regulations pursuant to sub - Article ( 1 ) of this Article . 13. Taking an Oath Any advocate shall take in writing the following oath : L , ........... when taking this license from the Ministry this ... day of .... 19 ... , promise that I will , with honesty and good faith defend the causes of my clients in accordance with the law , work with understanding with my op ponents and colleagues , and give due respect to courts and be helpful for / to the rule of law . 14. Returning a License 1 ) Any advocate shall return his license to the Ministry temporarily or permanently , as the case may be , where he is mainly engaged in an activity out side his profession or is not in a position to render his services on any other ground . 2 ) . An advocate who has returned his license in accor dance with Sub - Article ( 1 ) of this Article may , re - take same upon termination or removal of the cause which compelled him to return his license , provided that he has not committed any fault which would make him liable for breach of discipline . 15. Suspension or Revocation of License 1 ) A license may be suspended or revoked , as the case may be , where advocate violates this Proclamation or regulations and directives issued in accordance with this Proclamation , or Advocates ' Ethical Regulations . 2 ) Without prejudice to the generality of Sub - Article ( 1 ) of this Article the Ministry may revoke a license on one of the following grounds : ( a ) where the license is obtained with fraud / deceit or by producing falisified document or infor mation ; ( b ) where the advocate is charged with an offense showing his incompetence to continue prac ticing and found guilty thereof ; ( c ) where the advocate is found practicing in a court for which he is not licensed ; ( d ) where it is ascertained that he is found prac ticing by any sort of deceitful activity or in a gross transgression of Advocates ' Ethical Regulation ; ( e ) where he is found practicing advocacy while suspended ; The African Law Archive ( f ) where he gives or attempts to give money to a person with a view of securing a job for himself or another advocate , through intermediary ; ( g ) where he carries out additional activity which is obviously conflicting or inconsistent with his profession . 3 ) Without prejudice to the generality of Sub - Article ( 1 ) of this Article the Ministry may suspend a license on one of the following grounds : ( a ) where he fails , without good cause , to renew his license in accordance with Article 6 of this Proclamation ; ( b ) where he employs persons not permitted to practice as a law - clerk or advocate assistant in violation of Sub - Article ( 2 ) of Article 17 of this Proclamation . 16. Registration 1 ) There shall be a Register in which the name and nationality of the advocate , license type , normal residence and usual place of business of the advocate and such other particulars required by the Ministry are registered ; 2 ) No person may render advocacy service unless he is registered in the Register specified in Sub - Article ( 1 ) of this Article ; 3 ) The Register shall be open to the public . 17. Registration of persons working with the Advocate 1 ) Any advocate or a law firm shall notify in writing to an official assigned , by the Ministry , for registration of the names and responsibilities of secretary typists , law clerks , assistant advocates and other employees working under his supervision . 2 ) Any advocate may not , without a prior consent of the Minister or an official designated by him , employ the following persons as assistant advocate or a law clerk : a person whose name is removed from the Register ; ( b ) a person suspended from practicing advocacy ; ( c ) a person dismissed from office due to dis ciplinary infringement ; ( d ) a person charged for and convicted in an offense of improper conduct ; or a public servant . 3 ) without prejudice to the provisions of Sub Article ( 2 ) of this Article , a person who has no legal education , training or experience may not be employed as a law clerk : 18. Registration and Licensing of Law Firms 1 ) Any two or more advocates who wish to form a law firm may apply in writing to the Ministry . 2 ) The nature of the firm shall be a non - business organization , the liability of which is unlimited . 3 ) The Ministry or an official designated by it shall , after examining the memorandum of association of the firm , enter its name in the registry and issue license where it believes that the formation of the firm : ( a ) does not breach the advocates ' code of conduct ; ( b ) is not prejudicial to the interests of its clients or to third parties . The African Law Archive - No.27 9 March , 2000 - Page 1270 4 ) Particulars as for the licensing of law firms and related matters shall be stipulated in a directive to be issued in accordance with this Proclamation . PART THREE Executive Organs 19. Powers and Duties of the Ministry The Ministry shall : 1 ) register advocates , issue , renew , suspend or revoke licenses ; 2 ) charge fees , determined by the regulations to be issued in accordance with this Proclamation for the service it renders . 1 ) There shall be a License Evaluating Committee ( hereinafter referred to as “ the Committee ' ' ) com posed of the following members : two representatives of the Ministry ; ( b ) two representatives of the Advocates ' As sociation ; a representative of the federal courts . 2 ) The term of office of a member of the Committee shall be two years and the chairperson of the committee shall be designated by the Minister from among the members . 21. Powers and Duties of the Committee The Committee : 1 ) shall submit , after examining the supporting documents produced by the applicant , a recommen dation to the Minister as to wether the applicant shall be issued with a license or not . 2 ) may cause the production of any witness or evidence and examine same with a view to ascertaining the suitability of the advocate's character in assisting the administration of justice . 22. Meetings of the Committee 1 ) The Committee shall conduct its meetings as frequently as may be required ; 2 ) There shall be a quorum where more than half of the members are present ; 3 ) Decisions of the committee shall be passed by a majority vote of members present at a meeting . In case of a tie , however , the chairperson shall have a casting vote . 4 ) Without prejudice to the provisions of this Article the Committee may draw up its own rules of procedure . 23. Advocates ' Disciplinary Council 1 ) There shall be Advocates ' Disciplinary Council ( hereinafter referred to as “ the Council ” ) Composed of the following members : ( a ) two representatives of the Ministry ; ( b ) two representatives of the Advocates ' As sociation ; ( c ) a representative of the federal courts . 2 ) The term of office of a member shall be two years and the chairperson of the council shall be desig nated by the Minister from among the members thereof . 24. Powers and Duties of the Council The Council : 1 ) shall , investigate a charge brought against an ad vocate violating the provisions of this Proclamation or the Advocates ' Code of Conduct or directives issued in accordance with this Proclamation ; 2 ) shall , where it ascertains that there is adequate evidence to entertain the charge , send the charge to the advocate notifying him in the summons to appear with his reply within 30 days . The African Law Archive No.27 9 March , 2000- ~ Page 127 1 five years ; 3 ) shall submit , after examining the charge brought and evidence produced against the advocate and the advocate's reply and evidence thereto , the following recommendations to the Minister : ( a ) acquital of the advocate , by dismissing the charge , where the charge is improper or is not supported by evidences ; ( b ) where the charge is proper and supported by evidence according to the gravity of the of 1 ) a written ' warning to be given to him ; 2 ) to suspend him for a period of not more than 3 ) to impose a fine not exceeding birr 10,000 ; 4 ) to revoke his license and cause the removal of his name from the Register ; 5 ) to give such other appropriate decisions . 4 ) may temporarily suspend the license until such time that an appropriate decision is given as per Sub - Article ( 3 ) of this Article ; 5 ) may examine , where demed necessary , the an tecedents and personal file of the advocate or any other similar evidences in determining the mag nitude of the penalty to be imposed ; 6 ) shall cause the recording of any decision approved by the Minister given as per Sub - Article ( 3 ) ( b ) of this Article into the personal file of the advocate ; 7 ) shall undertake studies and submit recommen dations to the Ministry on ways of enhancing and the observance of professional conduct ; 8 ) shall submit to the Minister a recommendation regarding the final decision on any charge within a period not exceeding six months . Where there are sufficient grounds for failing to dispose of the case within such time , the council may request the Minister in writing for an additional time not exceeding three months stating the reasons therein . 1 ) The council shall conduct meetings as frequently as required ; 2 ) There shall be a quorum where more than half of the members are present . 3 ) Decisions of the Council shall be passed by a majority vote of members present at a meeting . In case of a tie , however , the chairperson shall have a casting vote . 4 ) Without prejudice to the provisions of this Article the council may draw up its own rules of procedure . 26. Powers of the Minister 1 ) The Minister shall , after considering the recom mendations submitted to him by the Committee or the Council in accordance with Sub - Article ( 1 ) of Article 21 and Sub - Article 3 of Article 24 respec tively , decide as appropriate . 2 ) He may for once , direct the recommendation for reconsideration by the Committee or the Council where he is : ' of opinion that certain facts or evidences have not been considered by same . The African Law Archive No.27 9 March , 2000– Page 1272 27. Advocacy Entrance Exam Setting and Competence Certifying Board 1 ) There shall be an Advocacy entrance Exam Setting and Competence Certifying Board ( hereinafter referred to as “ the Board ” ) composed of the following members : ( a ) two representatives of the Ministry ; a representative of Advocates ' Association ; ( c ) a representative of the federal courts ; a representative of Faculties of Law ; and ( e ) two other members nominated by the Minister . 2 ) the term of office of a member shall be two years and the chairman of the Board shall be nominated by the Minister . 28. Powers and Duties of the Board The Board shall : 1 ) in consultation with the Minister or an official delegated by him , prepae and give advocacy en trance exams to applicants at fixed place and time ; 2 ) mark exam papers , determine the pass - mark and publicize the result after submitting same for ap proval to the Minister or an official delegated by 3 ) issue and submit to the Minister its own rules of procedure and implement same upon approval . 29. Appeal Against the Decision of the Minister 1 ) The person who is aggrieved by the decision of the Minister may , where the decision has an error of law , appeal to the Federal High Court within thirty days from receipt of such a decision . 2 ) The court shall decide on the question of law , without going into the merit , and shall return same to the Minister . 3 ) If the decision of the Minister has an error of law , the Minister shall review the case on the basis of the decision of the court . PART FOUR Miscellaneous Provisions 30. Duties of the Advocate Any advocate shall have the duty to : 1 ) obserye this Proclamation , and Regulations and directives to be issued accordance with this Proclamation and orders and decisions given thereof . 2 ) give a receipt in respect of any consideration he receives from his client ; 3 ) have an insurance policy , in accordance with Sub Article ( 1 ) of Article 12 with a view to redressing any civil injury or harm to be incurred by his clients , due to his professional default . 4 ) pay the fees required , in obtaining , renewing and replacing a license , by the Regulations to be issued in accordance with this Proclamation . 31. Penalties Unless the provisions of the Penal code provide a more severe penalty , any person who renders or attempts to render advocacy services without having obtained a license or renewing his license in accordance with this Proclamation shall be punished with a fine not less than 2,000 birr and not exceeding 10,000 birr or imprisonment not less than 6 months and not exceeding 2 years . The African Law Archive