Maldives Bar Council, on Wednesday, announced it would henceforth be granting foreign lawyers the right to practise law in the country.
The council has also publicised a set of regulations, now in effect, that governs such practise, as stipulated in the recently passed Legal Profession Act.
According to the Bar Council, foreign lawyers that meet the set requirements, can be authorised to represent clients in Maldivian courts for a limited period of time, up to one year, under a single permit
To issue the necessary permit for a foreign lawyer, the Bar Council states that the request must be placed either via the Attorney General’s Office, Prosecutor General’s Office, or a registered law firm.
However, unless the presiding judge declares that he or she does not hold objection to the lawyer’s chosen tongue, an interpreter must be present during the proceedings.
To represent clients at the High Court, foreign lawyers are required to possess three years’ legal experience as well as an appeal court license, issued by their country of origin.
For cases lodged at the Supreme Court, the lawyer must have legal experience of no less than five years, along with a license issued to practise in their national apex court.
Moreover, lawyers are barred from practising outside of the case for which they have received a permit. Upon conclusion of the case, or if the lawyer does not renew their permit post-expiry, the issued permit would be considered invalid.
In their practice, foreign lawyers are expected to abide by the Constitution of Maldives and respect its ideals and institutions. Failure to do so may also result in the revocation of their permit.
The regulation further states that in ensuring that lawyers observe the aforementioned values, the burden of responsibility falls on the party that sought the permit on behalf of said legal practitioner.
Taking into account the availability of lawyers specialised to the particular case, the regulation also considers any reservations that may put forth by the presiding judge.
The fees charged to foreign lawyers for the right to practise in Maldives are as follows:
To practice at lower courts - MVR 2,00
To practice at the High Court - MVR 5,000
To practise at the Supreme Court - MVR 10,000
The Bar Council is required to declare its decision, on whether to grant the permit, within seven days after a request is submitted, along with the submission of any related documents. In the event that the request is rejected, foreign lawyers may submit an appeal to the Council’s appeal committee within a period of 30 days.
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