Highlights: Law on advocacy and legal consultancy
Published: 09:10 AM,Oct 06,2024 | EDITED : 01:10 PM,Oct 06,2024
Muscat: His Majesty Sultan Haitham bin Tarik recently issued a Royal Decree 41/2024 promulgating the Law on Advocacy and Legal Consultancy, which stipulates the practice of the legal profession will be limited to Omanis only.
The law grants existing civil law firms if they are in partnership with a non-Omani partner, a period of three years from the date of the law’s implementation to regularize their status.
Existing foreign law firms, civil law firms, and legal consultancy firms must regularize their status within one year from the date of the enforcement of the attached law, and non-Omani lawyers will continue to be registered until the end of this period.
It is prohibited to transfer them or any shares in them to a non-Omani during this period, and the registration of the non-Omani partner shall continue until the end of that period.
It is not permissible to combine the following professions or jobs (ministers and those in their position, presidents of the State Council and the Majlis A'Shura, public positions in the state’s administrative apparatus units and other public legal entities, working in companies, private institutions, associations, or for individuals, engaging in trade or any other work or profession, or owning a company - regardless of its type or nature - or shares in it, except public joint-stock companies).
If a lawyer or legal advisor holds one of these positions or jobs, he is not permitted to practice the profession for the entire period of his employment, and the lawyer is transferred to the list of non-practicing lawyers, and the legal advisor is transferred to the list of non-practicing legal advisors.
The law allows foreign law firms and legal consulting offices to provide legal consultations in the Sultanate of Oman through an office established for this purpose either alone or in partnership with one of the Omani legal consulting offices
Penalties imposed on anyone who assaults lawyers or legal advisors subject to the provisions include imprisonment for not less than six months and not more than three years and a fine of not less than RO300 and not more than RO1,000.
Penalties for anyone who practices law and legal advice without a license or impersonates a lawyer or legal advisor include imprisonment for not less than one month and not more than one year, and a fine of not less than RO1,000 and not more than RO5,000, or by one of these two penalties.
It is not permissible to practice any legal work for those who are not registered in one of the lists of practicing lawyers.
The following are considered legal work:
Attending with or on behalf of the concerned parties, and representing them before the courts of all levels and types, the Public Prosecution, arbitration bodies in the Sultanate of Oman, conciliation and reconciliation committees, administrative committees with judicial jurisdiction, and investigation and evidence authorities.
Providing legal opinion and advice to those who request it.
Drafting contracts and taking measures to document them with the competent authorities, for those who request them.
Taking the procedures for establishing companies.
The law grants existing civil law firms if they are in partnership with a non-Omani partner, a period of three years from the date of the law’s implementation to regularize their status.
Existing foreign law firms, civil law firms, and legal consultancy firms must regularize their status within one year from the date of the enforcement of the attached law, and non-Omani lawyers will continue to be registered until the end of this period.
It is prohibited to transfer them or any shares in them to a non-Omani during this period, and the registration of the non-Omani partner shall continue until the end of that period.
It is not permissible to combine the following professions or jobs (ministers and those in their position, presidents of the State Council and the Majlis A'Shura, public positions in the state’s administrative apparatus units and other public legal entities, working in companies, private institutions, associations, or for individuals, engaging in trade or any other work or profession, or owning a company - regardless of its type or nature - or shares in it, except public joint-stock companies).
If a lawyer or legal advisor holds one of these positions or jobs, he is not permitted to practice the profession for the entire period of his employment, and the lawyer is transferred to the list of non-practicing lawyers, and the legal advisor is transferred to the list of non-practicing legal advisors.
The law allows foreign law firms and legal consulting offices to provide legal consultations in the Sultanate of Oman through an office established for this purpose either alone or in partnership with one of the Omani legal consulting offices
Penalties imposed on anyone who assaults lawyers or legal advisors subject to the provisions include imprisonment for not less than six months and not more than three years and a fine of not less than RO300 and not more than RO1,000.
Penalties for anyone who practices law and legal advice without a license or impersonates a lawyer or legal advisor include imprisonment for not less than one month and not more than one year, and a fine of not less than RO1,000 and not more than RO5,000, or by one of these two penalties.
It is not permissible to practice any legal work for those who are not registered in one of the lists of practicing lawyers.
The following are considered legal work:
Attending with or on behalf of the concerned parties, and representing them before the courts of all levels and types, the Public Prosecution, arbitration bodies in the Sultanate of Oman, conciliation and reconciliation committees, administrative committees with judicial jurisdiction, and investigation and evidence authorities.
Providing legal opinion and advice to those who request it.
Drafting contracts and taking measures to document them with the competent authorities, for those who request them.
Taking the procedures for establishing companies.