We, Haitham bin Tarik, the Sultan of Oman
after perusal of the Basic Statute of the State,
the Advocacy Law promulgated by Royal Decree 108/96,
and after presentation to Majlis Oman,
and in pursuance of public interest,
have decreed as follows
Article I
The attached Advocacy and Legal Consultancy Law hereby applies.
Article II
The Minister of Justice and Legal Affairs shall issue the executive regulation of the attached law and shall also issue the necessary decisions for implementing its provisions, and until they are issued, the existing regulations and decisions continue to operate to the degree that they do not contradict with the provisions of the attached law.
Article III
Existing advocacy offices, civil advocacy firms, and foreign legal consultancy offices shall rectify their status within one year from the date of entry into force of the attached law, and the registration of non-Omani advocates continues until the end of this period.
Existing civil advocacy firms continue to operate if they are in partnership with a non-Omani partner for a period of 3 (three) years from the date of entry into force of the attached law. It is prohibited to assign the firm or any shares in it to a non-Omani during this period, and the registration of the non-Omani partner continues until the end of that period.
Article IV
The aforementioned Advocacy Law is hereby repealed, as well as all that is contrary to this decree and the attached law, or in conflict with their provisions.
Article V
This decree must be published in the Official Gazette, and comes into force after the lapse of 6 (six) months from the date of its issuance.
Issued on: 29 Rabi Al-Awwal 1446
Corresponding to: 3 October 2024
Haitham bin Tarik
Sultan of Oman
Published in Official Gazette 1565 issued on 6 October 2024.
The Advocacy and Legal Consultancy Law
Chapter One
Definitions and General Provisions
Article 1
In the application of the provisions of this law, the following words and phrases have the meaning assigned to each of them, unless the context requires otherwise:
1. Ministry:
The Ministry of Justice and Legal Affairs.
2. Minister:
The Minister of Justice and Legal Affairs.
3. Profession:
The advocacy profession and the legal consultancy profession.
4. Committee:
The Advocates and Legal Consultants Affairs Committee.
5. Advocate:
Every person registered in a roll of advocates in accordance with the provisions of this law.
6. Legal consultant:
Every person registered in a roll of legal consultants in accordance with the provisions of this law.
7. Regulation:
The executive regulation of this law.
Article 2
The headquarters of the advocacy office, or the legal consultancy office, and its branches must meet all the technical requirements and specifications adopted by the ministry.
Article 3
The advocacy office or the legal consultancy office through which the advocate or legal consultant practises the profession is considered a chosen domicile for him and for the advocates or legal consultants working with him, in all matters relating to the practice of the profession and the decisions of the committee.
Article 4
It is not permitted to simultaneously work in the profession and have the following positions and works:
1. Ministers and their equivalent.
2. Chairmen of Majlis Al-Dawla and Majlis Al-Shura.
3. Public positions in the units of the administrative apparatus of the state and other public legal persons.
4. Working in companies, private establishments, or associations, or working for individuals.
5. Engaging in trade or any other work or profession, or owning a company—of any kind or nature—or shares in it, with the exception of public joint stock companies.
The occupation of one of these positions or works by an advocate or legal consultant results in not permitting the practice of the profession for the duration of his occupation and transferring the advocate to the Roll of Non-Practising Advocates and the legal consultant to the Roll of Non-Practising Legal Consultants.
In the application of the provisions of this article, membership in government committees or councils, membership in Majlis Oman, membership in municipal councils for elected members, membership in the boards of directors of authorities and companies wholly owned by the government, or membership in the boards of directors of public joint stock companies, are not considered positions or works that are prohibited from being simultaneously held with the profession.
It is prohibited for the persons mentioned in the previous paragraph to accept a power of attorney, provide legal advice, or plead in lawsuits against the entities referred to in the same paragraph. This prohibition lasts for a period of 3 (three) years after the end of their membership in them.
Article 5
The competent administrative division in the ministry may—at any time—verify the compliance of advocates, legal consultants, advocacy offices, and legal consultancy offices with the duties and obligations stipulated in this law, the regulation, and decisions issued in its implementation. It may also request any documents or papers, take the appropriate action to verify this, and submit a report to the committee in this regard.
Advocates, legal consultants, advocacy offices, and legal consultancy offices shall provide the competent administrative division in the ministry with the documents or papers it requests.
Article 6
It is prohibited for an advocate and a legal consultant to advertise himself by any means of advertising, to appear on social media networks in an inappropriate manner—in his professional or personal capacity—or to resort to the means of promotion, solicitation, or the use of brokers. The following is not considered as such:
1. Placing a sign at the headquarters of the advocacy office or the legal consultancy office bearing his name and legal qualifications. The regulation must stipulate the specifications of this sign.
2. Placing an announcement in front of the former advocacy office or legal consultancy office to guide to the location of his new office.
3. Creating a website for the advocacy office or the legal consultancy office on the world wide web (the internet), or on social media sites, in accordance with the controls stipulated by the regulation.
4. Any other means or method determined by the committee.
Chapter Two
The Advocates and Legal Consultants Affairs Committee
Article 7
A committee for the affairs of advocates and legal consultants must be formed in the ministry as follows:
1. The undersecretary of the ministry as chair.
2. The Director General of Judicial Affairs in the ministry as deputy chair.
3. A judge whose grade is not less than a court of appeal judge as member.
4. A member of the Public Prosecution whose position is not less than an assistant public prosecutor as member.
5. 3 (three) members who are advocates admitted before the Supreme Court selected by the minister for a period of 3 (three) years, renewable for one time only.
The director of the competent administrative division in the ministry must be the secretary of the committee, and the competent administrative division shall also undertake the secretariat work of the committee.
A decision by the minister must name the members of the committee and specify its work system. A remuneration must be paid to the chairman, members, and secretary of the committee, which is determined by a decision by the minister after the approval of the Ministry of Finance.
Article 8
The committee is competent to consider all matters relating to the regulation of the profession and the proper functioning of its practice, and in particular the following:
1. Deciding on applications submitted for registering in the rolls of advocates stipulated in article 20 of this law and the rolls of legal consultants stipulated in article 63 of this law.
2. Examining violations and complaints submitted against advocates and legal consultants and dealing with them, whether by dismissing them if they are proven not to be legitimate, by imposing one of the penalties stipulated in this law, or by referring them to the competent entity if the violation or incident that is the subject of the complaint constitutes a criminal offence.
The regulation must determine the procedures for examining and deciding on violations and complaints.
Article 9
The decisions of the committee are final and must be communicated to those concerned by one of the methods or means specified by the regulation, including electronic means. They may contest them before the Administrative Circuit of the Court of Appeal in Muscat within 15 (fifteen) days from the date of their notification.
Chapter Three
Regulation of the Advocacy Profession
Section One
Controls for Practising the Advocacy Profession
Article 10
Advocacy is a free profession that contributes with the judicial authority to achieving justice, the rule of law, and guaranteeing the right to defence. An advocate shall practise his profession independently and must be subject only to his conscience and the provisions of the law.
Article 11
It is not permitted to practise any advocacy work for those not registered in one of the rolls of practising advocates. The following are deemed advocacy works:
1. Attending with those concerned or on their behalf and representing them before courts of all levels and types, the Public Prosecution, arbitral tribunals in the Sultanate of Oman, conciliation and reconciliation committees, administrative committees with judicial competence, and investigation and evidentiary entities.
2. Providing legal opinions and advice to those who request them.
3. Drafting contracts and carrying out registration procedures with the competent entities for those who request them.
4. Undertaking the procedures for establishing companies.
Article 12
The following are considered works equivalent to advocacy works:
1. Works of judicial positions, Public Prosecution positions, technical positions in the Ministry of Justice and Legal Affairs, and law teaching positions in universities, colleges, or higher institutes.
2. Works of pleading and appearing before the courts carried out by the public officials registered in the register stipulated in article 35 of this law, provided that evidence of actual practice of those works before the courts is submitted, as specified by the regulation.
3. Works of legal positions in the units of the administrative apparatus of the state, other public legal persons, and companies, after passing the exam prepared for this as specified by the regulation.
It is not permitted to combine the period of practising the advocacy profession with the period of practising the equivalent works when registering in one of the rolls of advocates.
Article 13
In exception to the provisions of article 11 of this law:
1. Natural persons may represent their spouses or relatives up to the fourth degree before the entities stipulated in article 11(1) of this law. The representation includes signing statements of lawsuits and contestations and submitting requests, unless the litigation procedures stipulate otherwise.
2. It is permitted for the units of the administrative apparatus of the state and other public legal persons to assign the officials registered in the register stipulated in article 35 of this law to represent them in appearing and pleading, signing statements of lawsuits and contestations, and submitting requests before the entities stipulated in article 11(1) of this law.
Article 14
The advocate shall practise his profession through an advocacy office. The office must take the form of a civil company established by the advocate alone or in partnership with other advocates. It must have an independent legal personality. The regulation must specify the procedures and controls for its establishment, the opening of its branches, and the procedures for its liquidation.
A register of advocacy offices must be prepared in the competent administrative division in the ministry, in which the necessary data must be recorded as specified by the regulation.
Article 15
The advocate shall submit to the competent administrative division in the ministry evidence that the advocacy office to be licensed has insurance with licensed insurance companies against liability for professional errors, as specified by the regulation.
Article 16
The owners of advocacy offices registered before the primary courts shall not sign contestations and memorandums submitted to the courts of appeal or the Supreme Court, or appear and plead before them. The owners of advocacy offices registered before the courts of appeal also shall not sign appeals and memorandums submitted to the Supreme Court, or appear and plead before it.
However, advocates registered with the offices referred to in the preceding paragraph and registered before the courts of appeal or the Supreme Court may sign appeals and memorandums and appear and plead before them in the name of the office, depending on the level of their registration.
Article 17
Advocates who are nationals of Arab and foreign states may plead before the Omani courts jointly with an Omani advocate in a specific lawsuit, on the condition of reciprocity, and after obtaining special permission from the chairman of the committee.
Article 18
Private legal persons shall not file a lawsuit worth more than 10,000 (ten thousand) Rial Omani except through an advocate.
Individuals shall also not file a civil, commercial, or tax lawsuit, the value of which exceeds 30,000 (thirty thousand) Rial Omani, except through an advocate.
Article 19
Those who have previously worked in judicial positions or Public Prosecution positions shall not practise the advocacy profession except after the lapse of 2 (two) years from the end of their service.
Article 20
Rolls for advocates must be prepared in the competent administrative division in the ministry, in which their names, headquarters of their practice, and addresses are recorded, arranged by order of registration, as follows:
1. Roll of Trainee Advocates.
2. Roll of Advocates Admitted Before Primary Courts and Their Equivalent.
3. Roll of Advocates Admitted Before Courts of Appeal and Their Equivalent.
4. Roll of Advocates Admitted Before the Supreme Court and Its Equivalent.
5. Roll of Non-Practising Advocates.
The registration must be from the date of the issuance of the decision of the committee to this effect. The regulation must specify the procedures for registration in these rolls, and the fees prescribed for this.
Article 21
The ministry shall issue to the advocates registered in rolls of practising advocates stipulated in article 20 of this law a registration card in the manner specified by the regulation. The advocate shall not accept to appear or plead before the entities stipulated in article 11(1) of this law after the expiry of the validity period of the card.
Article 22
A person whose name is registered in the rolls of advocates must meet the following conditions:
1. That he is of Omani nationality.
2. That he enjoys full capacity.
3. That he holds a bachelor’s degree or its equivalent in law or in law and other disciplines from a university, a college, or a higher institute recognised in the Sultanate of Oman, or a certificate in Islamic Sharia for those who have previously worked in judicial and Public Prosecution positions for a period not less than 10 (ten) years. For holders of a bachelor’s degree or its equivalent in law and other disciplines, the qualification must include the minimum academic subjects or courses specified by the regulation after coordination with the committee.
In all cases, it is required to submit an equivalence certificate from the competent entities if the qualification is issued from outside the Sultanate of Oman.
4. That he is of good conduct and reputation.
5. That he has not been convicted by a final judgment of a felony or a crime against honour or trust unless he has been rehabilitated.
The restriction applies by operation of law from the date of the loss of any of the conditions stipulated in this article, and a decision must be issued to this effect by the committee.
Article 23
The advocate shall, upon registering his name for the first time in one of the rolls of advocates stipulated in article 20 of this law and before practising the advocacy profession, sign before the chairman of the committee a written oath undertaking in accordance with the following form:
I swear by Allah the Almighty to respect the Basic Statute of the State and the laws and legislation in force, to perform my work with honesty, honour, and trustworthiness, and to preserve the secrets of the advocacy profession and its traditions.
The oath undertaking must be deposited in the file of the advocate at the competent administrative division in the ministry, in the manner specified by the regulation.
Article 24
The advocate must be registered for the first time in the Roll of Trainee Advocates, unless he meets the conditions for registration in any of the other rolls.
Article 25
The trainee advocate shall successfully pass the training programme and the prescribed exams, as set by the committee and issued by a decision by the minister. In all cases, the training period must not be less than 2 (two) years. It is not permitted to register a trainee advocate in the Roll of Advocates Admitted Before the Primary Courts except after successfully passing the training programme and the prescribed exams. In the event that he does not pass them, his name must be removed from the Roll of Trainee Advocates by a decision by the committee, unless it is decided to grant him another opportunity in light of the reasons and justifications he submits.
The name of a trainee advocate must be removed from the Roll of Trainee Advocates by a decision by the committee if he passes the training programme and the prescribed exams and a period of 4 (four) years lapses without him submitting an application to register in the Roll of Advocates Admitted Before Primary Courts. If he wishes to re-register after the lapse of this period, he must be registered in the Roll of Trainee Advocates.
Article 26
Each advocacy office shall appoint trainee advocates whose number is not less than one trainee advocate, and it shall pay them a monthly remuneration. The regulation must specify the conditions of its entitlement and its minimum limit. The advocacy office shall not refrain from appointing trainee advocates without an excuse acceptable to the committee.
Article 27
The trainee advocate shall practise the advocacy profession in the name and under the supervision of the advocate in whose office he is appointed or one of the partners in the advocacy office. He may appear and plead before a primary court consisting of a single judge as well as investigation and evidentiary entities. He shall not sign lawsuit statements, memorandums, or papers submitted to the court or to competent entities, sign legal opinions and consultations, or prepare contracts in his name.
Article 28
The trainee advocate shall not carry out the following:
1. Opening an advocacy office in his name during the training period prescribed in this law.
2. Moving from the headquarters of his training in the advocacy office to another office except after the approval of the competent administrative division in the ministry, as specified by regulation.
3. Using the title “advocate” unless it is accompanied by the capacity “trainee”.
Article 29
The committee shall decide on any dispute regarding training that arises between the trainee advocate and the advocacy office that supervises his training.
Article 30
For an advocate to be registered in the Roll of Advocates Admitted Before Primary Courts and Their Equivalent, he must belong to one of the following categories:
1. Trainee advocates who successfully pass the training programme and the exams stipulated in article 25 of this law.
2. Former judges, members of the Public Prosecution, and those occupying technical positions in the Ministry of Justice and Legal Affairs who have served in their positions for a period no less than 2 (two) years, and those occupying the position of assistant professor of law in recognised universities, colleges, or higher institutes.
3. Those registered in the Register of Officials stipulated in article 35 of this law after submitting evidence of the actual practice stipulated in article 12(2) of this law, who have been registered in it for a period no less than 4 (four) years.
4. Those occupying legal positions in the units of the administrative apparatus of the state, other public legal persons, and companies, who have been in their positions and works for a period no less than 4 (four) years, after passing the exam stipulated in article 12(3) of this law.
Article 31
For an advocate to be registered in the Roll of Advocates Admitted Before Courts of Appeal and Their Equivalent, he must belong to one of the following categories:
1. Advocates admitted before primary courts and who have practised before these courts for a period no less than 3 (three) years, after passing the exam and the continuous education programme, in accordance with the conditions and controls specified by the regulation.
2. Former judges, members of the Public Prosecution, and those occupying technical positions in the Ministry of Justice and Legal Affairs who have served in their positions for a period no less than 6 (six) years, and those occupying the position of associate professor of law in recognised universities, colleges, or higher institutes.
3. Those registered in the Roll of Officials stipulated in article 35 of this law after submitting evidence of the actual practice stipulated in article 12(2) of this law, who have been registered in it for a period no less than 8 (eight) years.
4. Those occupying legal positions in the units of the administrative apparatus of the state, other public legal persons, and companies, who have been in their positions and works for a period no less than 8 (eight) years, after passing the exam stipulated in article 12(3) of this law.
Article 32
For an advocate to be registered in the Roll of Advocates Admitted Before the Supreme Court and Its Equivalent, he must belong to one of the following categories:
1. Advocates admitted before courts of appeal and their equivalent, and who have been practising before these courts for a period no less than 5 (five) years, after passing the exam and the continuous education programme, in accordance with the conditions and controls specified by the regulation.
2. Former judges, members of the Public Prosecution, and those occupying technical positions in the Ministry of Justice and Legal Affairs who have served in their positions for a period no less than 10 (ten) years, and those occupying the position of professor of law in recognised universities, colleges, or higher institutes.
3. Those registered in the Register of Officials stipulated in article 35 of this law after submitting evidence of the actual practice stipulated in article 12(2) of this law, who have been registered in it for a period no less than 14 (fourteen) years.
4. Those occupying legal positions in the units of the administrative apparatus of the state, other public legal persons, and companies, who have been in their positions and works for a period no less than 14 (fourteen) years, after passing the exam stipulated in article 12(3) of this law.
Article 33
The advocate shall request the committee to transfer his name to the Roll of Non-Practising Advocates if he assumes a position or practices a work that is not permitted to be simultaneously performed with the advocacy profession, or if he stops practising the advocacy profession for a period exceeding 6 (six) consecutive months, within 30 (thirty) days from the date of the impediment or the cessation of practising the advocacy profession.
In all cases, the advocate must be transferred to the Roll of Non-Practising Advocates by a decision by the committee if it is proven to it that he does so without submitting a request to the committee to transfer him, and the competent administrative division in the ministry shall notify the advocate of the transfer decision, without prejudice to his disciplinary accountability.
Article 34
If the reason for transferring the name of the advocate to the Roll of Non-Practising Advocates ceases, he may request the committee to re-register his name in the roll in which he was registered, without prejudice to his right to request his registration in a roll for which he fulfils the conditions for registration.
Article 35
A register of officials authorised to appear and plead for units of the administrative apparatus of the state and other public legal persons must be prepared in the competent administrative division in the ministry. Their names, the names of the entities they represent, details of the authorisation issued to them, the competent authority that issues it, and other details and information specified by the competent administrative division in the ministry must be recorded in the aforementioned register.
The entities referred to in the first paragraph of this article shall notify the competent administrative division in the ministry of any amendments to the details of these officials.
Article 36
The following is required for registration in the Register of Officials:
1. That he is a public official.
2. That he holds a bachelor’s degree or its equivalent in law or in law and other disciplines from a university, college, or higher institute recognised in the Sultanate of Oman. For holders of a bachelor’s degree or its equivalent in law and other disciplines, the qualification must include the minimum academic subjects or courses specified by the regulation after coordination with the committee.
In all cases, it is required to submit an equivalence certificate from the competent entities if the qualification is issued from outside the Sultanate of Oman.
3. That he passes the training programme set by the committee and issued by a decision by the minister.
4. Any other conditions specified by the regulation.
The registration application must be submitted to the competent administrative division in the ministry by the competent authority in the entity in which the official works, accompanied by the documents required for registration, as specified by the regulation.
Section Two
Guarantees, Rights, and Duties of Advocates
Article 37
The entities before which the advocate practises his profession shall treat him in a manner befitting the honour and etiquette of the advocacy profession, and shall provide him with all possible facilities required by the good performance of his duty. They shall allow him to attend the investigation and view the complaints, the lawsuit papers, and all the data related to them, and the advocate has the right to obtain a complete copy of them. The requests of the advocate must not be rejected without legal justification, and the rejection must be recorded in writing in the lawsuit file.
An advocate against whom serious violations are committed or whose professional rights are infringed may communicate with the committee in this regard. If the validity of these violations is confirmed, the committee shall communicate with the competent entity to take the necessary action.
The courts and the Public Prosecution shall allocate special and appropriate waiting areas for advocates, and the front seats in the courtrooms must also be allocated to advocates.
Article 38
In exception to the provisions of the Civil and Commercial Procedures Law and the Criminal Procedures Law, if the advocate commits an act during the hearing that violates its system or warrants his criminal accountability, the chairman of the hearing shall order writing a report of the incident, and shall refer it to the Public Prosecution to take the necessary action in its regard. This does not prejudice the right of the court to remove the advocate from the courtroom, and the Public Prosecution shall notify the committee of the outcome of its procedures. None of the members of the court in which the violation of the advocate occurs may participate in the consideration of any criminal lawsuits that may be filed against the advocate.
Article 39
It is not permitted in cases other than flagrante delicto and crimes against state security stipulated in the Penal Law to arrest an advocate, investigate him, or search his office for a reason relating to the performance of the advocacy profession, except with the permission of the chairman of the committee and at the request of the Public Prosecutor. The search or investigation must be carried out by a member of the Public Prosecution whose job is no less than a chief public prosecutor, or an assistant public prosecutor if the advocate is admitted before the Supreme Court.
Article 40
The Public Prosecution shall, if the advocate is accused of a crime relating to the performance of the advocacy profession or because of it, immediately notify the committee of this, and shall attach a copy of the papers of his investigation without fees.
Article 41
The advocate is free to accept or not accept the power of attorney in a particular case, in accordance with his conviction for each individual case, and may take the methods he deems successful to defend the rights of his principal, in accordance with the principles of the advocacy profession. He is not responsible for the statements he provides in his oral arguments or written memorandums, which are required for the right to defend, within the limits of the law and the ethics of the advocacy profession.
The advocate shall notify the competent administrative division in the ministry when accepting a power of attorney in a lawsuit against another advocate.
Article 42
The advocate has the right to, in all the cases where he visits his principal in places of arrest, provisional detention, or prisons, meet with his principal individually in an appropriate place, and the competent entities shall provide this to the advocate and his principal.
Article 43
If the name of the advocate is removed from the roll of advocates in which he is registered, or in the case of his death, or in situations where it is impossible for him to practise the advocacy profession or follow up on the lawsuits and works of his principals, the committee shall assign another advocate, unless the advocate or his heirs choose another advocate, whose task is to follow up on the procedures necessary to preserve the rights of the advocate and the principals, provided that the assigned advocate submits a report to the committee at the beginning of the assignment, and after the end of the assignment to which he is assigned. The committee shall determine the fees due to the assigned advocate for the work he carries out.
Article 44
The fees of the advocate have a privilege over the funds that have accrued to his principal as a result of the work of the advocate or the judgment in the lawsuit subject of the power of attorney.
Article 45
It is not permitted to impound advocacy offices or any of their assets used in practising the advocacy profession.
Article 46
The advocate shall, in his professional and personal conduct, abide by the principles of honour, integrity, and impartiality, and shall perform all duties imposed on him by this law or any other law.
The advocate shall also abide by the code of conduct and ethics of the advocacy profession issued by a decision by the minister based on the proposal of the committee.
Article 47
The advocate shall not disclose any information or data that he learns of by virtue of his profession unless this is intended to prevent committing a crime.
Article 48
The advocate shall defend the interests entrusted to him and exert his utmost effort and care. He shall not accept a power of attorney or defend an opponent if it becomes clear to him due to the circumstances or facts of the incident that he will not perform his duty to defend him honestly and adequately.
In all cases, the advocate who wishes to waive his power of attorney shall inform his principal by any means at least 30 (thirty) days in advance, and he shall continue the procedures during that period, whenever necessary to defend the interests of his principal.
Article 49
An advocate who, prior to practising the advocacy profession, had assumed public or private employment, and whose relationship with it has come to an end, shall not accept the representation for himself or for an advocate working for him in a lawsuit against the entity for which he was previously employed, within 3 (three) years following the end of his relationship with it. Whoever practises the advocacy profession shall not, after leaving the judiciary or the Public Prosecution, accept representation for himself or for an advocate working for him, or express an opinion, in a lawsuit that was presented to him.
Article 50
The advocate shall give the court and the investigative authorities their due respect and deference, avoid everything that would delay the adjudication of cases or prejudice the course of justice, and shall adhere to, in the treatment of his colleagues, the rules of conduct and ethics of the advocacy profession and its traditions.
Article 51
The advocate shall appear before the courts and investigation and evidentiary entities during the pleading or in the hearings in the uniform of the advocacy profession determined by the committee, and his appearance must not be admitted otherwise.
Article 52
An advocate shall not appoint to his office anyone, to carry out any of the advocacy works, outside those registered in one of the rolls of advocates stipulated in this law and who are not prohibited from practising the advocacy profession for any reason.
Article 53
An advocate shall not accept the power of attorney or provide any aid, even by expressing an opinion or advice against any person or entity that has previously consulted him in the same dispute or informed him of its documents and aspects of defence. An advocate shall also not accept a power of attorney or carry out any action against his principal except after the expiry of his power of attorney, and shall not represent conflicting interests.
This prohibition applies to anyone who works for the advocate, irrespective of his capacity.
Article 54
The advocate shall represent his principal in the dispute for which he is assigned by virtue of a power of attorney issued in his name, within the limits of what is entrusted to him under the power of attorney, and in accordance with the claims of the principal, while retaining the freedom to tailor the lawsuit and present legal grounds in accordance with sound principles. He shall inform his principal of the stages of the lawsuit and the decisions and judgments issued in it, and shall also advise him in regard to contesting them.
The advocate may delegate in writing and under his responsibility another advocate to appear, plead, or carry out any other litigation procedure, without the need for a special power of attorney for this, unless the power of attorney issued to him includes provisions that prevent him from delegating.
Article 55
The advocate shall keep the information disclosed to him by his principal unless asked to provide it to defend his interests in the lawsuit.
Article 56
The advocate has the right to charge his principal fees for the advocacy work he carries out and to recover the expenses he incurs in order to carry out the work for which he is assigned. The advocate shall charge his fees in accordance with the written contract between him and his principal. If other lawsuits or works branch out from the agreed lawsuit, the advocate may claim his fees for them, unless otherwise agreed.
Article 57
It is not permitted for the fees of the advocate to be an in-kind share of the disputed rights, and he, his spouse, or his children, shall not, personally or through an intermediary, buy all or some of the disputed rights in the lawsuit in which he is assigned.
Article 58
If the advocate ends the lawsuit amicably or by trial, as authorised by his principal, he is entitled to the agreed fees, unless there is an agreement to the contrary.
The advocate is entitled to his full fees if his principal ends the power of attorney without an acceptable justification after starting the work and before completion of the task assigned to him.
Article 59
The civil circuit in the competent primary court has the competence to adjudicate any dispute that arises between an advocate and his principal regarding advocacy fees.
The right of the advocate to claim fees from his principal is forfeited after the lapse of 5 (five) years from the date of the end of the work subject of the power of attorney.
Article 60
The advocate shall, upon the lapse of his power of attorney for any reason whatsoever, return to his principal the papers and documents relating to the work for which he is assigned, provided that the advocate may keep these papers and documents until the principal pays him the fees he is due. The principal shall not demand the papers and documents after the lapse of 10 (ten) years from the lapse of the power of attorney.
Article 61
The advocate shall provide judicial assistance to those without means in the cases provided for by law, on the basis of an assignment order issued by the competent court in accordance with the sequence provided in the statements prepared by the committee for this purpose. In this case, he shall perform his duty with due diligence and care. He shall not withdraw from continuing this duty except after the court that assigns him accepts his withdrawal and the assignment of another person.
Article 62
The advocate shall receive his principals at his office, and he may receive them at the office of any advocate.
The advocate shall not, within the scope of his professional activity, go to the headquarters of his principal, except if exceptional circumstances so require, provided that he adheres in this regard to the rules of conduct and ethics of the advocacy profession and its traditions.
Chapter Four
Regulation of the Legal Consultancy Profession
Article 63
It is not permitted to practise the legal consultancy profession except after registering in the Roll of Legal Consultants.
The competent administrative division in the ministry shall prepare a roll for legal consultants and another for non-practising legal consultants in which their names, nationalities, and headquarters of practising their profession, and their addresses are recorded, arranged by the order of registration. The regulation shall specify the conditions and procedures for registering in these rolls, and the fees prescribed for this.
Article 64
The legal consultant shall practise the legal consultancy profession through a legal consultancy office. It is not permitted for anyone other than the Omani legal consultant to establish a legal consultancy office alone or in partnership with other Omani legal consultants registered in the Roll of Legal Consultants. The office must take the form of a civil company, after obtaining a licence to do so from the committee, in accordance with the conditions and controls specified by the regulation.
In exception to the provisions of the first paragraph of this article, foreign advocacy offices and foreign legal consultancy offices may provide legal consultancy in the Sultanate of Oman through a legal consultancy office established for this purpose alone or in partnership with an Omani legal consultancy office. This partnership results in the cancellation of the licences of the merged offices and the merger of their business into the new company. The office must take the form of a civil company, after obtaining a licence to do so from the committee in accordance with the conditions and controls specified by the regulation.
Article 65
The legal consultancy office must have an independent legal personality. All the provisions relating to advocacy offices stipulated in this law, the regulation, and the decisions implementing it shall—in the absence of a special text in this chapter—apply to it.
A register for legal consultancy offices must be prepared in the competent administrative division in the ministry, in which the necessary data must be recorded as specified by the regulation.
Article 66
It is not permitted to appoint in legal consultancy offices anyone who is not registered in the Roll of Legal Consultants and not prohibited from practising the legal consultancy profession for any reason.
Article 67
The legal consultant may provide legal services, with the exception of preparing or signing lawsuit statements, memorandums, contestations, and requests submitted to courts of all levels and types, the Public Prosecution, conciliation and reconciliation committees, administrative committees with judicial competence, and investigation and evidentiary entities, or attending with or representing those concerned before these entities.
Article 68
It is not permitted for the fees of the legal consultant to be an in-kind share of the rights in respect of which he provides his legal services, and he, his spouse, or his children, shall not, personally or through an intermediary, buy all or some of these rights.
Article 69
The legal consultant shall, in his professional and personal conduct, abide by the principles of honour, integrity, and impartiality, and shall perform all duties imposed on him by this law, the regulation, and any other law.
He shall also abide by the code of conduct and ethics of the legal consultancy profession issued by a decision by the minister based on the proposal of the committee.
Article 70
The regulation shall specify the obligations, duties, and rights of legal consultants and legal consultancy offices.
Chapter Five
Accountability of Advocates and Legal Consultants
Article 71
Every advocate or legal consultant who violates the provisions of this law, the regulation, the decisions implementing it, the code of conduct and ethics of the profession; violates the duties of his profession; or behaves in a manner that undermines its honour or degrades its value, is punished by any of the following penalties:
1. Warning.
2. Blame.
3. Banning from practising the profession for a period not exceeding 3 (three) years.
4. Removing the name from the roll in which he is registered.
Article 72
The investigation with the advocate or the legal consultant complained against is undertaken by the competent administrative division in the ministry, based on the request of the committee, in accordance with the procedures specified by the regulation.
Article 73
The committee may suspend the advocate or legal consultant referred for investigation from practising the profession for a period not exceeding 60 (sixty) days. If the advocate or legal consultant is punished with a ban from practising the profession, the suspension period is counted within the prescribed period of the ban.
Article 74
The decisions issued against an advocate or legal consultant must be recorded in a special register of the committee, copies of which must be deposited in his file.
All entities stipulated in article 11(1) of this law and the Royal Oman Police must be notified of decisions to ban the practice of the advocacy profession or to remove a name from the roll, and they must be published on the website of the ministry.
Article 75
An advocate or legal consultant who has a disciplinary penalty issued against him by removing his name from the roll may apply, after the lapse of at least 3 (three) years, to re-register his name in the roll.
The committee may consider the application if it deems that the period that has elapsed is sufficient to rehabilitate the advocate or legal consultant and remove the effects of the acts he committed. In the event of rejection, it is not permitted for the application to be re-submitted before the lapse of one year from the date of its rejection.
Article 76
If a criminal court judgment is issued against an advocate or legal consultant, the secretariat of the court that issues the judgment shall send to the committee a copy of this judgment, and the committee may, in light of the circumstances and facts of the case in which the advocate or legal consultant is convicted, take measures to hold him accountable in accordance with the provisions of this law.
Chapter Six
Punishments
Article 77
Whoever assaults an advocate or legal consultant by insult or violence in the course of, or by reason of performing, his profession is punished by imprisonment for a period no less than 6 (six) months and not exceeding 3 (three) years, and a fine no less than 300 (three hundred) Rial Omani and not exceeding 1,000 (one thousand) Rial Omani.
Article 78
Whoever impersonates the capacity of an advocate or legal consultant is punished by imprisonment for a period no less than a month and not exceeding a year, and a fine no less than 1,000 (one thousand) Rial Omani and not exceeding 5,000 (five thousand) Rial Omani, or one of those two punishments. If the impersonator practises any work of the advocacy profession or legal consultancy profession, he is punished with imprisonment for a period no less than 3 (three) months and not exceeding 3 (three) years, and a fine no less than 3,000 (three thousand) Rial Omani and not exceeding 10,000 (ten thousand) Rial Omani, or one of those two punishments. This includes practising the profession by an advocate or legal consultant after a decision is issued to remove his name from the roll, or during the period of banning him from practising the profession.
Article 79
Every advocate or legal consultant who practises the works of the advocacy profession or legal consultancy profession during the period of his suspension from practising the profession is punished by imprisonment for a period no less than one day and not exceeding 10 (ten) days, and a fine no less than 300 (three hundred) Rial Omani and not exceeding 1,000 (one thousand) Rial Omani, or one of those two punishments.
Article 80
Whoever seeks, in exchange for a commission, to attract clients to an advocacy office or legal consultancy office is punished by a fine no less than 5,000 (five thousand) Rial Omani and not exceeding 20,000 (twenty thousand) Rial Omani.