Licences of foreign legal consultants' offices which were issued prior to the date of application ofthis Royal Decree shall remain valid until the period specified therein or for three years from thedate hereof whichever is lesser and may not be renewed except in accordance with the lawattached.

This Royal Decree shall be published in the Official Gazette and will come into force with effectfrom date of publication. Translator's Note: This Decree appears in the 1 January 1997 issue ofthe Official Gazette.

Qaboos bin SaidSultan of Oman

Issued on: 18 Shaban 1417 Hijricorresponding to 29 December 1997

The profession of law is a free profession which consists of the realization of justice and affirmsthe sovereignty of the law by means of ensuring the right to defend litigants.

While practising their profession, lawyers shall only be guided by an awareness of the provisionsofthe law.

A lawyer is a person who is registered in the Register of Lawyers which is issued in accordancewith the law. No person is entitled to use such title apart from those who are registered.

The profession of law may not be practised without obtaining a licence to do so. The Minister ofJustice, Awqaf and Islamic Affairs shall issue a Decision to establish the conditions andrequirements for obtaining such a licence.

(a) To appear with or on behalf of the concerned parties, before the competent legalauthorities, arbitration authorities, public prosecutor, administrative committees havinglegal jurisdiction and other official investigative authorities, and to defend the partiesconcerned against cases filed by or against them.

As an exception from the prOVIsIOns of Article 3 (a), litigants may delegate their spouses,relatives by marriage and their relatives to the fourth degree to be present and plead on theirbehalf.

Those employees who work for legal departments and have a degree in Sharia or law from one ofthe universities or recognized higher education institutes shall be allowed to plead on behalf ofthe government, authorities, public authorities and public institutions. A lawyer or agent mustsubmit to the court an attested power of attorney at the first hearing on behalf of his client, failing

which, for a reason accepted by the court, the court may grant him a reasonable extension tosubmit the same.

If the client was present with the lawyer or agent and this is recorded in the minutes of thehearing, then such presence shall replace the need for an attested power of attorney.

A lawyer shall practise his profession individually or jointly with other lawyers. Omani lawyersmay establish, among themselves or with other non-Omani lawyers a private company with aseparate juristic personality through which they practise their profession. The name of thecompany may be attributed to the name of one of the partners even after his death.

If the company is established with lawyers other than Omanis, then the name of the companymust include the name of the Omani partner in addition to names of other partners as agreedbetween them.

However, the following activities may not be considered as a profession with which the practiceof law is prohibited : membership of government scientific temporary committees or councils,temporary tasks which will not last for more than six months, teaching of law or Sharia inuniversities and higher institutes, membership in the Majlis Al-Shura or of the board of directorsofjoint stock companies.

A person who has occupied the position of minister for at lest ten years, the position of judge fora similar period or the grade of professor in Sharia or law, may not practise the profession of alawyer except before the supreme courts or courts of appeal and equivalent provided that hefulfils the condition specified for registration in the Register of Lawyers accepted by these courts.

The Minister of Justice, Awqaf and Islamic Affairs shall maintain a General Register of Lawyersto include their names, places of residence and places of work chronologically. The followinglists shall be annexed to the General Register:

A copy of each of these lists shall be distributed to all courts of various types, public prosecutor,investigation authorities and administrative committees of law jurisdictions.

A committee shall be formed at the Ministry of Justice, Awqaf and Islamic Affairs to approve theentry of lawyers. This committee shall comprise the following:

1. Under Secretary of the Ministry ofJustice, Awqaf and Islamic Affairs

5. Three Omani lawyers who are members of the legal profession of law to be selected bythe Minister of Justice Awqaf and Islamic Affairs for two years, renewable.

A Ministerial Decision shall be made to form the committee, organize its records and all rules andregulations related to the said committee.

Applications for entry in the lists above shall be made to the Committee for Acceptance ofLawyers after payment of the fees specified. The supporting documents which prove that theconditions specified by law are met, shall be attached to the application.

Decisions as to acceptance shall be issued within thirty days from the date ofthe application, afterthe required conditions are verified.

In the event of rejection of the application, the decision to that effect must be justifiable and shallbe notified to the applicant within fifteen days from the date of issue by means of a registeredletter. The applicant may appeal against such rejection within one month of the date of the saidnotification, before the Circuit of Appeal provided for in Article 13.

The applicant may reapply after one year from the date of refusal or the date on which the reasonsfor rejection no longer applies, whichever is earlier.

The relevant fees shall be specified by a decision made by the Minister of Justice, Awqaf andIslamic Affairs after the approval ofthe Council of Ministers.

The Committee for Acceptance of Lawyers shall meet at least once a month. The meeting shallnot be valid without the presence of at least five members to include the Chairman or DeputyChairman. Resolutions shall be passed by a majority of votes of those present. Where there is anequal vote, the Chairman shall have a casting vote.

(c) Holder of a certificate in Sharia or law from one of the recognized universities or higherinstitutions.

(d) Of good reputation and have never been convicted of a crime or misdemeanour of anunconscionable or dishonest nature or have been dismissed from his position orprofession for any of these reasons, unless he has been reinstated.

Any lawyer who fails to satisfy any of these conditions shall be removed from the Register by adecision of the Committee for Acceptance of Lawyers.

A lawyer may appeal against a decision ro remove him from the Register within one month fromthe date of notification thereof. The appeal shall take place before the Circuit of Appealestablished by Article 13. The decision of the Circuit of Appeal in this respect shall be final.

A lawyer who is entered in the Register for the first time shall take the following oath before theCircuit of Appeal which will be specified by the Minister of Justice, Awqaf and Islamic Affairs:

"1hereby swear by Almighty Allah to practice the profession of law with honesty, honourand truthfulness and to preserve the confidentiality and customs of the profession and torespect the law. '

A lawyer who does not meet the conditions required to be entered in other registers, shall beentered in the Register of Lawyers Under Training.

The period of training is two years to be reduced to one year if the trainee is a holder of a Master'sDegree or equivalent in Sharia or law or any other higher qualification.

Each lawyer accepted before the Supreme Court or Appeal Courts or equivalent must appoint inhis office at least one lawyer under training and pay him a monthly remuneration to be specifiedby the Committee for Acceptance of Lawyers. The Committee may exempt any lawyer fromaccepting a lawyer under training if it considers that there are reasons to justify such exemption.

A Trainee lawyer shall practice the law profession in the name of the lawyer for whom he isworking and by whom he is supervised: he may not open his own office during the duration ofthe training period.

ENTRY OF LAWYERSBEFORE THE FIRST CIRCUIT COURTS

AND THOSE COURTS OF THE SAME LEVEL

To be entered in the Register of Lawyers before the First Circuit Courts and other courts of thesame level, a lawyer must have spent the period of training specified in Article 15 hereofcontinuously.

He must attach to his application for registration, a certificate from the lawyer's office in which hehad his training, stating he had efficiently completed such training, an official list of the cases hehas attended, copies of the submissions he prepared or assisted with, attested by the lawyer withwhom he had been training.

A person who was engaged in activities equivalent to legal activities for a period not less thanthree years, may be directly enter in the Register of Lawyers before the First Circuit Courts orcourts ofthe same level.

ENTRY OF LAWYERSBEFORE THE COURTS OF APPEAL ANDTHOSE COURTS OF THE SAME LEVEL

To be entered in the Register of Lawyers before the Courts of Appeal and courts of the samelevel, a lawyer must have worked as a lawyer for at least five years from the date of entry in theRegister of Lawyers before the First Circuit Courts and courts of the same level or was engagedin activities equivalent to legal activities for at least eight years.

To establish this, the lawyer must submit an official list of the cases he undertook in addition tothe submissions and legal documents, options or contracts he prepared.

To enter a lawyer in the Register of Lawyers before the Supreme Court the lawyer must fall intoone of the following categories:

1. Lawyers accepted before the Courts of Appeal and who have worked before these courtsfor at least seven years.

4. Persons who have been engaged in activities equivalent to legal activities for at leastfifteen years.

In cases other than those related to the Magistrate's Court, appeals may not be taken before theSupreme Court except by lawyers who are registered with the Supreme Court otherwise ajudgement shall be made rejecting the appeal. Lawyers other than those registered with theSupreme Court may not appeal or plead before it on behalf of litigants.

A lawyer who wishes to retire from legal practice shall apply to the Committee for Acceptance ofLawyers to transfer his name to the Register of Non-Practising Lawyers.

A lawyer must apply to transfer his name to this Register ifhe is appointed to one of the positionsor activities which he cannot combine with the practice of law. He must notify the Committee ofthe same within thirty days of the date on which the impediment which prevents him frompractising the profession arises.

The Committee may enter a lawyer in this list after it hears his submission, or after notifying himof the same if he fails to be present before the Committee, and may issue a reason justifying thetransfer of his name to the list of non-practising lawyers, if he undertakes any of the positions oractivities which he is not entitled to combine with the legal profession.

The lawyer in respect of whom a decision is made transferring his name to this list may appealagainst such decision in accordance with the terms and conditions of the decision made by theMinister of Justice, Awqaf and Islamic Affairs.

A lawyer whose name is transferred to the Register of Non-Practising Lawyers may apply to havehis name re-entered in the same Register in which he was registered if the reasons for the transferof his name to the Register of Non-Practising Lawyers have vanished or no longer apply.

Technical positions in the judiciary, public prosecution, penal investigation, legal departments ingovernment offices, authorities, public authorities, public institutions and teaching of Sharia orlaw at universities and higher institutes, are considered as activities equivalent to legal practice.

Other legal activities equivalent to legal practice shall be specified by a decision made by theMinister of Justice, Awqaf and Islamic Affairs in accordance with a recommendation made by theCommittee for Acceptance of Lawyers.

A lawyer is free to decide whether or not to accept a retainer in a certain case, as he deems fit.He may follow the method which he considers effective in accordance with the principles of theprofession, in defending the rights of his client and shall not be liable in respect of his verbalpleadings or written submissions which are necessary for his right of defence within the limits ofthe law and the ethics of the profession.

A lawyer is entitled to consider the cases and legal documents, and obtain statements related tosuch cases.

A lawyer is entitled, in all cases when he visits his imprisoned client at precautionary detentionstations or public prisons to meet with his client in a decent place within the station or prison.

Companies, commercial establishments and individuals may not file a civil or commercial ortaxation case whose value exceeds RO 5,000/- except through a lawyer.

The office of a lawyer or such of his assets as are necessary for practising his profession, may notbe seized. In cases other than in flagrante delicto a lawyer may not be detained nor his office besearched without permission from the Chairman of the Committee for Acceptance of Lawyers.

Any person who assaults and batters a lawyer, or threatens or insults him while he is carrying outhis duties, shall be punished in accordance with the punishments specified for those offenceswhen they are committed against a civil servant.

A lawyer, in his professional and personal behaviour, must observe the principles of honesty andintegrity. He shall carry out all the duties imposed by this law, and any other law and the ethicsand customs of the profession.

In such cases as the law provides, a lawyer must provide legal assistance to those who cannotafford the same. He has to carry out his duties by putting in the effort and care required. He maynot withdraw from carrying out his duties unless the court accepts such withdrawal and appoints areplacement.

A lawyer shall refrain from testifying to the facts or information which he is aware of by virtue ofcarrying on his profession, unless such testimonies are aimed at preventing a crime.

A lawyer is obliged to defend efficiently the interests he undertook to protect and to put theutmost effort and care therein. A lawyer must refrain from defending an accused in a penal caseif he feels that he will not, due to the circumstances or uncertainties of the case, be able to carryout his duties honestly and efficiently.

A person who held a public or private position and relinquished the same, and practised theprofession of law, may not accept instructions to be assigned in a case against the party for whichhe used to work, for three years following the expiry of his relationship with such party. Aperson who practices legal activities after he left the judiciary may not accept, to be appointedpersonally or through a lawyer working for him, to undertake a case which was referred to himwhile he held such position.

A lawyer is liable to pay the court and investigative authorities due respect and honour, avoidanything that may delay the settlement of the case or breaches the progress of justice and shall beliable in his dealings with his colleagues to follow the rules of professional courtesy and thecustoms of the profession.

A lawyer may not agree to undertake a case against a colleague prior to obtaining permissionfrom the Committee for Acceptance of Lawyers. If the Committee fails to issue such permissionwithin a month from the date of application then he is entitled to accept such case.

A lawyer must refrain from disclosing personal matters which damage his client's opponent oralleges matters related to honour and dignity unless doing so was necessary to defend the interestsof his client.

A lawyer may not be present before any court without a lawyer's gown as specified by theCommittee for Acceptance of Lawyers.

A lawyer must occupy a respectable office and be responsible for supervising the workers therein,monitoring their behaviour and ensuring that they effectively and honestly carry out their duties.

He may appoint one or more of his staff to consider, submit and receive documents from anyauthority, receive judgements and carry out the procedures relating to enforcement of the same.

PART FOUR

A lawyer shall undertake to represent his client in relation to the subject in dispute and within thelimits of his appointment and pursuant to his applications provided that he has the liberty toaccommodate the case and adduce legal documents and evidence in accordance with soundpractice. He must advise his client on the progress of the case and the decision and judgementmade and shall provide him with advice related to appeal against the same if they were contraryto the client's interests.

A lawyer has to keep confidential information made available by the client unless asked todisclose the same in order to protect the interests of the client in the subject case.

A lawyer must refrain from offering any assistance including in the form of advice to his client'sopponent in the subject dispute or in a dispute related thereto. In general a lawyer is notpermitted to represent conflicting interests.

A lawyer, his spouse, or sons and daughters, may not personally or through an agent purchase allor part of any of disputed rights if he undertakes to defend the same.

A lawyer is entitled to receive fees in consideration of his legal services and be refunded for thecosts he bore in pursuing the activities he undertook. A lawyer shall charge his client inaccordance with the contract made between them in this respect.

If the agreed original case resulted in other counterclaims or services the lawyer may claim forhis fees in accordance with Article 49 hereof.

If a lawyer settles a case amicably or by arbitration then he shall still be entitled to the fees agreedunless otherwise agreed. A lawyer is also entitled to his fees if his client terminates the power ofattorney without a justifiable reason prior to the completion of the duty entrusted to him.

It shall not be permitted for a lawyer's fee to be a portion of the rights themselves which are thesubject of a dispute, or for him to allocate a portion of his fee to a person who is not a lawyer.

Article 49If a dispute arises between a lawyer and his client regarding fees, each of them is entitled to applyto the Committee for Acceptance of Lawyers to settle the dispute. This application shall bereferred to a sub-committee to be formed by the Committee for Acceptance of Lawyers. Thissub-committee shall be formed of three members from the Committee. The other party shall becalled to be present before the sub-committee at the meeting thereof.

The sub-committee shall undertake to act as mediator between the lawyer and his client. Shouldthe two parties disagree with the sub-committee's offer, then it will issue a decision assessing thefees in question. Such an assessment shall consider the importance of the case, the work or theeffort undertaken by the lawyer and the result achieved. This decision may be appealed to theCommittee for Acceptance of Lawyers within fifteen days from the date of notifying both thelawyer and his client of the decision of the sub-committee. The decision made in relation to suchappeal shall be final.

Upon the expiry of his appointment for any reason whatsoever, a lawyer must return to his clientthe power of attorney and other documents related to the case for which he was appointed. Alawyer may, however, retain such documents and exhibits until his client pays him all fees due.

The right of a lawyer to claim for his fees shall expire after three calendar years from the date ofcompletion of services the subject matter ofthe power of attorney.

The competent court shall appoint a lawyer to represent a party following a decision to exemptthe party from legal fees as being unable to afford legal fees or to offer legal assistance to thosewho are unable to proceed in cases specified by law as requiring a lawyer.

If a number of lawyers refuse to accept the appointment III a case required by law to beundertaken by a lawyer then the competent court shall, pursuant to an application by the partyconcerned, appoint a lawyer for this purpose.

Article 54Appointment of lawyers in the above cases shall be in accordance with the serial numbers of listsprepared by the Committee for Acceptance of Lawyers for this purpose.

The court may miss out serial numbers depending on the nature and circumstances of the case inquestion. The lawyer appointed must carry out the duty he is appointed for and may notwithdraw except for reasons accepted by the court.

In the event of removal of the name of a lawyer from the Register or his death or in all caseswhen he is unable to practise his profession or pursue cases and serve his clients, then theCommittee shall appoint an alternative lawyer unless the lawyer or his heirs select another lawyerwho is empowered to pursue the procedures which ensure the protection of the rights of theclients and liquidate the office if necessary. Such liquidation shall take place upon the approvalofthe parties concerned and under the supervision of the Committee.

Any lawyer who violates the provisions of this law or breaches the duties of his profession orbehaves in a manner which damages the honour of this profession or devalues it, shall be subjectto one ofthe following disciplinary punishments:

A) WarningB) Blame (repremand)C) Suspension of practice from the profession for a period not exceeding two years.D) Removal from the Register,

The Committee is authorised to impose such punishments. The Committee may suspend alawyer, against whom the disciplinary actions were taken, from practising the profession for aperiod not exceeding one month or until the date on which such accusations are settled whicheveris the earlier. If the disciplinary procedures take longer than one month, then the matter shall bereferred to the Circuit of Appeal mentioned in Article 13 to approve or disapprove suchsuspension.

If the lawyer is punished by suspension, that period of suspension shall be deducted from theperiod of the overall punishment decided.

The Committee shall appoint another lawyer to carry out the cases of the lawyer who IS

suspended, for the period of suspension.

Investigation of the respondent lawyer shall be carried out by one of the judges from the Circuitof Appeal to be appointed by the President of the Court for this purpose in accordance with arequest of the Committee.

The lawyers shall be notified to appear before the Committee by means of a registered letter atleast 15 days prior to the date of hearing. The notification must specify the actions attributed tothe lawyer and the date and place of hearing.

The lawyer is entitled to appoint another lawyer to defend him. The Committee may order thatthe lawyer concerned is present before the Committee.

The Committee may call any witnesses which it considers useful for the hearing to be present. Ifone of them fails to be present or refrains from submitting his testimony or perjures under oath,then he shall be referred to the complaint authority.

Subject to the quorum specified in Article 11 regarding the validity of the meeting, resolutionsare made by the majority of votes. When the votes are equal the Chairman shall have the castingvote.

To impose the punishment of removal of a name from the Register, it is required that themembers of the Committee present unanimously agree to such removal. The decision of theCommittee must be justifiable and the reasons for such decision must be specified whenannounced.

The decision of the Committee shall be notified to those parties concerned by a registered letter.The lawyer may appeal such decisions within 15 days from the date of notification.

The Circuit of Appeal (Article 13) is empowered to settle such appeal after the hearing. Itsdecision in this respect shall be final.

The disciplinary decision made against the lawyer shall be recorded in a special ledger. A copyof the same shall be kept in his file. Courts, public prosecution and ROP shall be notified of thedecision of suspension from practising the profession or removal of the name from the Register.

The lawyer against whom a decision or a final disciplinary judgement to remove his name ismade may, after at least three years, apply to have his name re-entered. The Committee mayconsider such application if it decides that the period lapsed was sufficient to rehabilitate thelawyer and remove the effects of his actions. If such application is dismissed then the lawyermay not reapply until at least one year from the date of rejection.

PART SEVEN

All those practising as law agents or those who are licensed by the authorities concerned toestablish legal consultancy offices or to work for them prior to the application of this law mustregister their names in the Register of Lawyers pursuant to the provisions thereof within one yearfrom the date of enforcement hereof.

Omani lawyers are exempted from the provisions of Article 6 during the four years following thedate of application of this law. In all cases and without prejudice to the provisions of Article 68herein, non-Omani lawyers may not be present or allowed to plead before the courts after sevenyears from the date of application of this law.

Lawyers registered in accordance with the provisions of this law may employ non-Omani lawyerswho have actually practised the profession for at least ten years or those who practised in ajudicial capacity or public prosecution for the same period after obtaining a licence from theCommittee. The Committee shall maintain a ledger to include the names of the staff and theoffices they work for and other necessary particulars.

Lawyers of Arabic nationalities may plead before the Omani courts jointly with an Omani lawyerin a particular case under the conditions of "reciprocity" and after obtaining a special permit fromthe president ofthe competent court.

Any person who impersonates a lawyer shall be punished by imprisonment from between tendays to two years.

Any person who practises as a lawyer without being registered in the Register of PractisingLawyers or whilst being prohibited from practising the profession shall be punished by a penaltypayment of not less than RO 100/- but not exceeding RO 500/- without prejudice to any otherpunishment stipulated by any other law.