Lawyers: New Lawyers Law a Qualitative Leap in Protecting the Profession
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Abdul Karim Ahmed: Adnan Abul, President of the Kuwait Bar Association, affirmed that the upcoming Law Regulating the Legal Profession represents a turning point and significant development for the profession and its future, aligning with global professional advancements.
Abul told *Al-Anbaa* that the vision submitted by the Kuwait Bar Association included a number of amendments and new directions, the most prominent of which are: the mandatory nature of training courses and written admission exams; safeguarding legal fees stipulated in contracts and granting them privileged status; regulating the statute of limitations for professional violations; imposing stricter penalties for insulting or assaulting lawyers; and prohibiting the seizure of a lawyer’s office.
He added that the vision also includes banning lawyers from appearing on social media in a manner unbecoming of the profession’s status, or engaging in any work incompatible with the dignity and traditions of the legal profession. It also aims to provide employment opportunities for newly registered lawyers and to automatically strike off the roll of lawyers who lose any of the registration conditions. Furthermore, it seeks to develop the Kuwait Bar Association’s Arbitration Center and the Kuwait Institute for Legal Studies and Advocacy, and to establish procedural immunity for lawyers through the Code of Criminal Procedure, along with a set of other visions aimed at achieving a qualitative leap in regulating and developing the legal profession.
Abul emphasized that the Association provides its legal opinion as a key partner in developing legislation, through its “Nahda” initiative and via the “National Map for Legislative Development” approved by the Council of Ministers and the Ministry of Justice in several proposed draft laws.
**Keeping pace with transformations**
For his part, Dr. Khaled Al-Suwaidan, Secretary-General of the Kuwait Bar Association, told *Al-Anbaa* that serious and advanced steps are being taken in coordination with the Ministry of Justice regarding the new Law Regulating the Legal Profession. He noted that the project represents a significant legislative and professional leap that will develop the regulatory framework for advocacy in Kuwait and keep pace with transformations witnessed by the profession at both the regional and international levels.
Al-Suwaidan clarified that the need to update the Advocacy Law is no longer limited to amending certain existing provisions, but rather involves building a more integrated professional system that enhances the lawyer’s status as one of the pillars of justice, raises entry and practice standards, protects the lawyer’s independence and professional rights, and simultaneously raises the level of responsibility and discipline within the profession.
He pointed out that among the most prominent proposed amendments is the strengthening of procedural guarantees for lawyers during the performance of their professional duties, providing necessary protection when exercising defense and litigation duties, and achieving a balance between the lawyer’s independence and their subjection to the law and professional ethics.
He added that the project includes a trend toward establishing mandatory written admission exams as a requirement for joining the profession, aiming to raise the legal and professional competence of new entrants and ensure they possess the minimum knowledge and ability commensurate with the responsibility of practicing law, within a general trend toward developing registration standards and keeping pace with modern global professional practices.
**Legal fees**
Al-Suwaidan explained that the proposed amendments place great emphasis on the issue of legal fees and protecting lawyers’ financial rights by strengthening the legal validity of fees agreed upon in contracts, granting them legal protection and privilege to limit related disputes, and preserving the rights of both the lawyer and the client, thereby solidifying the clarity of the contractual relationship between the two parties.
He noted that the project also addresses disciplinary aspects more clearly, including regulating the statute of limitations for professional violations, alongside provisions for automatically striking off the roll when a lawyer loses any registration condition or ceases to practice, ensuring continuous updating of practitioner records and maintaining the standards required for practicing law.
Al-Suwaidan affirmed that protecting the lawyer while fulfilling their mission is one of the core pillars of the project, highlighting the trend toward imposing stricter penalties for insulting or assaulting a lawyer due to or during the performance of their work. He stressed that protection in this case targets not just the lawyer’s person, but rather the right to defense and the integrity of judicial procedures, enabling the lawyer to perform their duties without intimidation or pressure.
He added that another proposed guarantee is the prohibition of seizing a lawyer’s office according to legal regulations, as it serves as the place of practice and contains files, documents, and data pertaining to clients’ rights and legal statuses. This requires special legal protection commensurate with the nature and confidentiality of professional work.
Regarding professional conduct, Al-Suwaidan clarified that the project aims to develop rules and ethics governing the practice of law to align with modern developments, including banning appearances on social media in a manner unbecoming of the profession’s status, or engaging in activities conflicting with the dignity and traditions of advocacy. He emphasized that technological advancement and modern communication tools necessitate clear rules that preserve the lawyer’s right to appear, communicate, and promote their services within a framework that safeguards the profession’s prestige and public trust.
**Future generations**
He pointed out that the project does not only look at the current reality of the profession but also focuses on the future of new generations of lawyers by developing visions and mechanisms that contribute to providing professional opportunities for newly registered lawyers, raising the level of training and qualification, and linking entry into the job market with the genuine development of legal and practical skills.
Al-Suwaidan highlighted that an important aspect of the proposed amendments is the development of professional institutions affiliated with the Association, primarily the Kuwait Bar Association’s Arbitration Center and the Kuwait Institute for Legal Studies and Advocacy. This will enable them to play a larger role in training, qualification, specialization, dispute resolution, and disseminating legal culture, transforming them into institutional tools supporting the development of the profession.
He affirmed that the Kuwait Bar Association views the new law as a project whose impact will extend for decades. Therefore, the goal is not merely to issue a new law, but to reach legislation capable of absorbing transformations in the justice system, electronic litigation, legal specialization, professional companies, arbitration, and developments related to the use of technology in legal work.
Al-Suwaidan concluded by emphasizing that the ongoing cooperation with the Ministry of Justice on this file reflects a shared desire to develop the legal and professional work environment. He stressed that once the new Law Regulating the Legal Profession is finalized and approved as intended, it will be a true turning point in the history of the profession, bringing a significant leap in protecting lawyers, regulating practice, and raising professional competence, thereby enhancing the role of the legal profession as a key partner in the justice system and the rule of law in the State of Kuwait.