Law Practitioners Act

Council for Vocational Legal Education (Certificate of Competency) Regulations 2013

[GN 89 of 2013 – 25 April 2013] [Section 22(1)(c) and (2)]

1. These regulations may be cited as the Council for Vocational Legal Education (Certificate of Competency) Regulations 2013.

2. In these regulations –

"Act" means the Law Practitioners Act;

"certificate of competency" means the certificate issued by the Council under regulation 3.

3. Where the Council is satisfied that a prospective law practitioner has completed pupillage under section 5A of the Act or a prescribed course of training in accordance with section 5A(6) of the Act, it shall issue a certificate of competency to him upon payment of a fee of 1,000 rupees.

4.

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Council for Vocational Legal Education (Examination Fees) Regulations 2013

[GN 90 of 2013 – 25 April 2013] [Section 22(1)(c) and (2)]

1. These regulations may be cited as the Council for Vocational Legal Education (Examination Fees) Regulations 2013.

2. In these regulations –

"vocational examinations" means the examinations referred to in section 5(b) of the Law Practitioners Act.

3. Every candidate who sits for the vocational examinations shall pay to the Council the appropriate fee specified in the Schedule.

4.

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SCHEDULE

[Regulation 3]

 

(Rs)

Vocational examinations

10,000

Resit

5,000

Review for any examination paper other than for the oral examination, per paper

1,500

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Council of Legal Education (Vocational Examination) Regulations 1990

[GN 192 of 1990 – 27 October 1990] [Sections 4(2)(b) and 22]

1. These regulations may be cited as the Council of Legal Education (Vocational Examination) Regulations 1990.

2. In these regulations –

"Act" means the Law Practitioners Act.

3. The vocational examination for prospective barristers who are governed by section 4(2)(b) of the Act shall be so conducted as to require every candidate to satisfy the examiners in –

(a) an oral test in advocacy;

(b) not more than 6 written papers on the substantive, adjectival and procedural aspects of the law applicable in Mauritius.

[Reg. 3 revoked and replaced by reg. 3 of GN 188 of 1991 w.e.f. 7 December 1991.]

4. The vocational examination for prospective attorneys who are governed by section 4(2)(b) of the Act shall be so conducted as to require every candidate to satisfy the examiners in not more than 6 written papers on the substantive, adjectival and procedural aspects of the law applicable in Mauritius.

5. The vocational examination for prospective notaries who are governed by section 4(2)(b) of the Act shall be so conducted as to require every candidate to satisfy the examiners in not more than 5 written papers on the substantive and other aspects of laws relevant to the profession of notaries in Mauritius.

[Reg. 5 added by reg. 3 of GN 109 of 1991 w.e.f. 6 December 1991.]

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Law Practitioners (Oath of Office) Order 1992

[GN 37 of 1992 – 21 March 1992] [Section 9(2)]

1. This Order may be cited as the Law Practitioners (Oath of Office) Order 1992.

2. Every person who wishes to be admitted as a law practitioner shall take the oath set out in the Schedule.

3.

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SCHEDULE

[Paragraph 2]

Oath of Office for Law Practitioner

I, ......................................................................................................................................, do swear/solemnly affirm/declare that I will be faithful and bear true allegiance to the Republic of Mauritius according to law and that I will well and truly discharge the duties of a barrister/attorney/notary, according to law. (So help me God).

.................................. ....................................

Date Signature

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Law Practitioners (Qualifications) Regulations 1994

[GN 56 of 1994 – 1 January 1995] [Sections 4(2)(a)(i) and 22]

1. These regulations may be cited as the Law Practitioners (Qualifications) Regulations 1994.

2. In these regulations –

"Act" means the Law Practitioners Act;

"approved" means approved by the Council of Legal Education.

3. The degree in law required to be prescribed under section 4(2)(a)(i) and (ii) of the Act for admission as a law practitioner shall –

(a) in the case of the University of Mauritius, be the LLB degree with an approved syllabus and, in the case of any other university, a comparable degree; and

(b) be of a level of at least a second class degree or its equivalent.

4. These regulations shall not apply to a degree obtained before 1 January 1995.

[Reg. 4 inserted by reg. 3 of GN 93 of 1994 w.e.f. 4 June 1994.]

5.

[Reg. 4 renumbered as reg. 5 by reg. 3 of GN 93 of 1994 w.e.f. 4 June 1994.]

6.

[Reg. 5 renumbered as reg. 6 by reg. 3 of GN 93 of 1994 w.e.f. 4 June 1994.]

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Law Practitioners (Registration of Law Firms, Foreign Law Firms, Joint Law Ventures and Foreign Lawyers) Regulations 2008

[GN 268 of 2008 – 15 December 2008] [Section 22(1)(a) and (2)]

1. These regulations may be cited as the Law Practitioners (Registration of Law Firms, Foreign Law Firms, Joint Law Ventures and Foreign Lawyers) Regulations 2008.

2. In these regulations –

"Act" means the Law Practitioners Act;

"certificate" means a certificate of registration issued under regulations 3(4), 4(4), 5(5) or 7(4);

"certified copy" means the copy of an original document which has been seen and certified as being a true copy of the original by a law practitioner entitled to practise as such in the jurisdiction where the original document emanates;

"processing fee" means the processing fee specified in item 1 of the Second Schedule;

"registration fee" means the registration fee specified in items 2 to 5 of the Second Schedule.

3. (1) Where one or more law practitioners, or one or more law practitioners and a legal consultant, intend to set up a law firm pursuant to section 10A of the Act, a director of the proposed law firm shall make a written application to the Attorney-General in Form A of the First Schedule and forward it to the Chief Legal Secretary.

(2) An application made under paragraph (1) shall be accompanied by –

(a) a certified copy of the constitution or the objects of the law firm;

(b) a certified copy of the certificate of incorporation or registration of the company or société, as the case may be;

(c) a certified copy of the educational and professional qualifications of every law practitioner and legal consultant intending to provide legal services for the law firm;

(d) a certified copy of the certificate issued under regulation 7 in respect of every foreign lawyer registered to provide legal services within that law firm in Mauritius; and

(e) the appropriate processing fee.

(3) On receipt of an application under paragraph (1), the Attorney-General may –

(a) approve the application subject to such conditions as he may determine; or

(b) reject the application on such grounds as he may determine.

(4) Where the Attorney-General approves an application under paragraph (3)(a), he shall, on payment of the appropriate registration fee, issue a certificate to the applicant.

(5) A certificate issued under paragraph (4) shall be valid for a period of 5 years from the date of issue.

(6) (a) A holder of a certificate issued under paragraph (4) may make an application to the Attorney-General in Form A of the First Schedule for the renewal of his certificate and forward it to the Chief Legal Secretary.

(b) The Attorney-General may, on receipt of an application under paragraph (a) and on payment of the appropriate processing fee and registration fee, renew the certificate for further periods of 5 years subject to such conditions as he may determine.

4. (1) Where a corporate entity which is licensed or registered as a law firm in a foreign country intends to register a local office in Mauritius pursuant to section 10G of the Act, a director of the firm shall make a written application to the Attorney-General in Form B of the First Schedule and forward it to the Chief Legal Secretary.

(2) An application made under paragraph (1) shall be accompanied by –

(a) a certified copy of a document which shows that the firm is licensed or registered as a law firm in its home jurisdiction;

(b) a certified copy of a document, in respect of every foreign lawyer who shall be attached to the firm's local office, which shows that the lawyer is qualified to practise the law of the home jurisdiction or another foreign country;

(c) a certified copy of the certificate issued under regulation 7 in respect of every foreign lawyer registered to provide legal services within that foreign law firm in Mauritius; and

(d) the appropriate processing fee.

(3) On receipt of an application under paragraph (1), the Attorney-General may –

(a) approve the application subject to such conditions as he may determine; or

(b) reject the application on such grounds as he may determine.

(4) Where the Attorney-General approves an application under paragraph (3)(a), he shall, on payment of the appropriate registration fee, issue a certificate to the applicant.

(5) A certificate issued under paragraph (4) shall be valid for a period of 12, 24 or 36 months from the date of issue, as the Attorney-General may, with the applicant's consent, determine.

(6) (a) A holder of a certificate issued under paragraph (4) may make an application to the Attorney-General in Form B of the First Schedule for the renewal of his certificate and forward it to the Chief Legal Secretary.

(b) The Attorney-General may, on receipt of an application under paragraph (a) and on payment of the appropriate processing fee and registration fee, renew the certificate for further periods of 12, 24 or 36 months subject to such conditions as he may determine.

5. (1) Where a foreign law firm and a law firm intend to set up a joint law venture under section 10H of the Act, a director of one of the firms shall make a written application to the Attorney-General in Form C of the First Schedule and forward it to the Chief Legal Secretary.

(2) An application made under paragraph (1) shall be accompanied by –

(a) a certified copy of the certificate issued under regulation 3 in respect of the law firm;

(b) a certified copy of the certificate issued under regulation 4 in respect of the foreign law firm;

(c) a certified copy of the certificate issued under regulation 7 in respect of every foreign lawyer registered to provide legal services within that joint law venture in Mauritius; and

(d) the appropriate processing fee.

(3) Where an application is made under paragraph (1), it shall contain a request from a director of the foreign law firm which proposes to be a constituent of the joint law venture, that it be deregistered as a foreign law firm.

(4) On receipt of an application under paragraph (1), the Attorney-General may –

(a) where he is of the opinion that the joint law venture will be advantageous or contribute to, promote or enhance the quality of legal services in Mauritius or the economic or technological development of Mauritius, approve the application subject to such conditions as he may determine; or

(b) reject the application on such grounds as he may determine.

(5) Where the Attorney-General approves an application under paragraph (4)(a), he shall, on payment of the appropriate registration fee, issue a certificate to the applicant.

(6) A certificate issued under paragraph (5) shall be valid for a period of 12, 24 or 36 months from the date of issue, as the Attorney-General may, with the applicant's consent, determine.

(7) (a) A holder of a certificate issued under paragraph (5) may make an application to the Attorney-General in Form C of the First Schedule for the renewal of his certificate and forward it to the Chief Legal Secretary.

(b) The Attorney-General may, on receipt of an application under paragraph (a) and on payment of the appropriate processing fee and registration fee, renew the certificate for further periods of 12, 24 or 36 months subject to such conditions as he may determine.

6. (1) Where the owner of a share in a law firm intends to transfer or otherwise dispose of his share, he shall give written notice of his intention to the Attorney-General by letter forwarded by registered post to the Chief Legal Secretary, not less than 14 days before the day on which he proposes to transfer or otherwise dispose of the share.

(2) A notice under paragraph (1) shall state –

(a) the name and address of the law practitioner or legal consultant to whom the share is to be transferred or otherwise disposed of; and

(b) the consideration for the transfer or disposal.

7. (1) Where a foreign lawyer wishes to be registered and to provide legal services pursuant to section 10K of the Act, he shall make a written application to the Attorney-General in Form D of the First Schedule and forward it to the Chief Legal Secretary.

(2) An application made under paragraph (1) shall be accompanied by –

(a) a certified copy of a document showing that the applicant is admitted to practise law in a foreign country;

(b) a certified copy of all educational and professional qualifications of the applicant; and

(c) the appropriate processing fee.

(3) On receipt of an application under paragraph (1), the Attorney-General may –

(a) approve the application subject to such conditions as he may determine; or

(b) reject the application on such grounds as he may determine.

(4) Where the Attorney-General approves an application under paragraph (3)(a), he shall, on payment of the appropriate registration fee, issue a certificate to the applicant.

(5) A certificate issued under paragraph (4) shall be valid for a period of 12, 24 or 36 months from the date of issue, as the Attorney-General may, with the applicant's consent, determine.

(6) (a) A holder of a certificate issued under paragraph (4) may make an application to the Attorney-General in Form D of the First Schedule for the renewal of his certificate and forward it to the Chief Legal Secretary. 

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