Bill No. 66-23 on the organization of the legal profession in Morocco aims to legalize a de facto situation. In fact, the practice of law by foreign practitioners will be authorized under strict conditions. This opening aims to encourage foreign investment.
The establishment of a foreign law firm will depend on a special authorization issued by the Minister of Justice, even if the foreign country has not signed a reciprocity agreement with the Kingdom. This authorization will be reserved for firms bound by an exclusivity agreement to a foreign company that has made an investment in Morocco. The foreign law firm must be registered with the bar association to which the foreign company’s headquarters belongs.
In addition, the foreign law firm shall undertake not to offer its services to any other entity. Other conditions will govern the practice of the profession by foreigners, such as the obligation to register with other bar associations if an investment project has regional subsidiaries, etc. “ The fact that it is the Minister of Justice who authorizes foreign law firms is an abuse of power, as this should be the prerogative of the bar associations and not the supervisory ministry ”, said one lawyer.
Lawyers who wish to practice in Morocco outside this framework, i.e., as a foreign investment, must be nationals of countries linked to Morocco by a reciprocity agreement. This option has been available with several countries for a number of years, but, according to one professional, it is not implemented because national lawyers are not authorized by these countries to practice. The latter often impose prohibitive difficult conditions, such as obtaining a degree from the country concerned.
On another note, the draft law relating to the profession introduces several changes concerning the practice of law, with the aim of providing professionals, particularly new graduates at the start of their careers, with new opportunities, including greater openness towards foreign lawyers. To this end, the piece of legislation specifies that a lawyer may practice individually or through a partnership agreement with other colleagues registered with the same bar association or another bar association, provided that their number does not exceed two. It will also be permitted to practice in a professional civil partnership with another colleague or as an assistant lawyer.
Hassan EL ARIF
