Section 1:- Practice at the Bar is a liberal profession which shall consist in exercising, against remuneration, the following duties:
(1)Assisting and presenting the parties before the law courts conducting suits, pleading and giving legal advice;
(2)Following up the execution cot decisions, in particular instituting ad following up any extra-judicial procedures, receiving payments and giving discharge thereof and instituting legal proceedings on behalf of one the parties.
Section 2. An advocate shall have the monopoly of representing parties before the law courts.
Section 3. Notwithstanding the provisions of section 2 above:
(1) All persons shall be entitled, without being represented by an advocate, to appear before any court, EXCEPT THE SUPREME COURT, for the purpose of conducting a suit and pleading on their own behalf or on behalf of their spouse, ascendants and descendants, privileged collaterals or ward,
(2) They may be assisted or represented by any other representative of their choice provided he is armed with a duly certified power of attorney where, in the jurisdiction of the court to which the case has been referred, there are LESS THAN 4(FOUR) CHAMBERS
(3) Government services may be represented before all courts by a public servant appointed by the competent authority.
(1) An advocate may have only one chambers in the whole country,
(2) The location of the advocate’s chambers shall be fixed by an instrument of the Bar Council in a place chosen by the advocate.
It may be transferred to another locality at the request of the advocate and after approval by the Bar Council.
The president of the Bar Council shall inform the heads of the court of Appeal concerned.
(3) Advocates residing in the same town may practice their profession in the same chambers in the form of professional partnership, after approval by the Bar Council. They shall inform the Procureur General under whose jurisdiction their place of residence is located.
In such a case, the partnership shall be liable for professional acts of each of its members.
(4) Notwithstanding the provisions of section 4 (3) above, advocates shall not form a partnership if the number of chambers in the town is less than 4 (four).
Section 5. 1) Persons wishing to practice at the Bar must satisfy the following conditions. They must;
(1) Be of Cameroonian nationality and enjoy their civic rights;
(2) Be at least 23 years of age;
(3) Hold the ‘Licence en Droit’ or the Bachelor of law degree (LLB); or a legal qualification recognized as equivalent by the competent authority at the time the application is submitted;
(4) Be of good character;
(5) Produce the certificate of proficiency to practice at the Bar;
(6) Take the oath provided for under section 15 below;
(7) Show proof of insurance covering his professional liability;
(8) Have decent premises approved by the Bar council;
(9) Be entered on the Roll of the Bar
Section 6. Practice at the Bar shall be totally independent and incompatible with any activity that may impair free thinking and the liberal nature of the profession, in particular;
(1) An advocate on military service or called upon to be a member of Government may not practice his profession while in the military service or serving in government.
(2) An advocate serving as Member of Parliament may not practice his profession in cases in which the state, local council or public establishment is a party.
(3) An advocate serving as a Municipal Councillor may not practices his profession in
cases in which the council into which he is elected is a party.
Section 8. (1)Notwithstanding the provisions of section 5(5) above, the following persons shall be exempted from undergoing training if they fulfil his other conditions of section 5.
(a) Former judicial and legal officers possessing the diploma referred to in section 5(3) who have completed ten years’ service in that capacity
(b) Advocates of Cameroonian nationality who are members of a foreign bar association, if they have not been disbarred, as well as Cameroonian advocates- in-training possessing the end-of-course certificate issued in a foreign country after at least two years.
(c) Former lectures, senior lecturers and professors of the faculty of law who have completed ten years of effective service in that capacity.
(2)The persons referred to in section 8(1)(a) and (c) shall undergo a refresher course for a non-renewable period of six months at the instance of the president of the bar council before being sworn in
The conditions of the refresher course shall be fixed by the internal regulations of the bar.
(3) the persons referred to in section 8(1)(a) and (c) above must not have been dismissed for lack of propriety, probity and honour.
CHAPTER I : TRAINING
Section 9. (1)Any person applying for admission to undergo training must not be less than 21
years of age and must be good conduct.
(2) Candidates for pupilage shall forward the following documents in two copies to the
president of the bar council
(3) No advocate may sponsor more than three advocates-in-training no law firm may sponsor more than six advocates-in-training
Section 11 (1) advocates-in-training shall undergo training for two years with effect from the day they took the oath. The organization and conditions of training shall be laid down by the internal regulations of the bar.
(2) The training shall, have necessarily, comprise:
(3) Training shall be suspended when the contract of cooperation is terminated
(4)Subject to the provisions of section 40 (1) below, an advocate-in-training shall plead only in cases which have been entrusted to him by the advocate in whose chambers he is undergoing
(1) Training shall be attested by a certificate of proficiency to practise at the bar issued after the candidate has passed the bar examination the conditions of which shall be fixed by decree
(2) The advocate-in-training who does not pass the examination referred to in subsection 1) above shall be allowed to continue his pupilage for a period of one year renewable once
(3) At the end of the fourth year of pupilage, the advocate-in-training who does not fulfil the conditions if subsection (1) above shall automatically be struck off the training list and shall cease to be an advocate-in-training.
Section 13. The decision of the bar council establishing that an advocate-in-training has been struck off the training list provide for in section 12 above shall not be subjected to any appeal. It shall be notified to the candidate, his sponsor and heads of court.
CHAPTER II : THE ROLL
(1) Enrolment of advocates shall be subject to the submission of a certificate of proficiency to practice at the Bar and to the oath provided for under section 15 of this law.
However, the persons referred to in section 8 of this law shall be subject only to taking of the oath.
(2) Enrolment of the advocate shall be made only at the instance of the President of the Bar
(3) The Bar Council shall take a decision on the application for enrolment within one month following the receipt thereof.
(4) Application for enrolment shall be addressed to the president of the Bar Council and submitted at the secretariat of the Bar Council against a receipt.
(5) The decision of the bar council to approve enrolment in the bar shall within eight days be notified to the Procureur General of the court of appeal of the place of residence of the advocate, by registered letter with acknowledgement of receipt or by any other means with written evidence. The procureur General may submit this decision to the Court of Appeal within two months of the notification.
(6) The decision to reject enrolment or to omit from or maintain on the roll shall be notified to the person concerned under the same conditions and within the same time-limits as those provided for under section 14(5) above. They may within two months refer it to the court of Appeal.
(7) Where the applicant is not notified of a decision within the month following the deposit of his application for enrolment, it shall be deemed as having been accepted. In such a case, the president of the bar association shall automatically enrol him.
(8) In the case provided for under sub-section 5 and 6 above, the court of appeal shall determined not only whether the applicant fulfils all the legal conditions but also whether his situation does not hinder his full and free practice of the profession and whether his conduct and integrity provide enough guarantees for the dignity of the association. It shall sit as a full bench in chambers within one month of registration of the appeal by the
Section 15. The advocate shall take the following oath before the court of appeal.
“I swear as advocate to perform my duties as counsel for the defence or as legal adviser in total independence and with dignity, conscientiousness, probity and humaneness, in accordance with the ethics of my profession and with due respect to the court and tribunals and to the laws of the republic”
Section 16. (1) Enrolment at the bar shall be made in order of seniority and shall take effect from the date of swearing in.
(2) the roll shall, at the beginning of each judicial year, be updated, reprinted, deposited at the registries of all courts, posted at the entrance in court houses and published in the official gazette at the instance of the president of the bar council.
Section 17. (1) The following persons shall be omitted from the roll:
(2) An advocate who, by reason of illness or serious and permanent disability or any other reason or cause, is absent from Cameroon and is unable to exercise his profession may be omitted from the roll.
Section 18. (1) omission from the roll shall be decided by the bar council either as of right or at the request of the advocate or of the procureur general of the court of appeal in the case of an enrolled advocate or at the request of the state counsel of the place of pupilage as the case may be.
CHAPTER I : RIGHTS AND DUTIES OF ADVOCATES
Section 19. (1) An advocate shall be free to chose the type of defense and form in which he wishes to present it.
(2) Subject to the prerogatives of the president of the court relating to order in court and to the conduct of hearings, no limits shall be set on how long he may speak.
Section 20. The advocate shall be bound by utmost secrecy in all matters concerning his relations with his client even where he has been deliberately dropped by the latter.
This obligation shall remain even when elations have ceased to exist between the advocate and his client or when the advocate has ceased to practise his profession.
It shall also be binding on his collaborators whether they are advocates or not.
Section 21. (1) An advocate shall not invoke professional secrecy to cover up an offence he himself has committed.
(2) No words spoken or documents produced by an advocate in court may give rise to any action for libel, abuse to contempt, unless such words or documents are contrary to his oath. A report shall be made of the breach in question during the session by the court.
Section 22. (1) The chambers of an advocate shall be inviolable
(2) No search may be conducted in the chambers of an advocate, except to seize documents or objects bearing on legal proceedings where the advocate himself is being prosecuted or where the documents or objects in question are unrelated to the practice of his profession.
(3) The search shall be conducted by a competent judicial and legal officer in the presence of the advocate, the president of the bar council or his representative.
It shall be conducted under conditions which safeguard professional secrecy and maintain the dignity of the advocate.
Section 23. (1) An advocate shall be entitled to emoluments and honorariums. The emoluments payable to an advocate shall be fixed by decree. However, such emoluments shall be taxed by the president of the court empowered to hear the case.
(2) The honorariums due to an advocate shall be freely negotiated by his client and himself.
Section 24. (1) Any disputed relating to expenses and honorariums shall, by mere petition, be brought before the president of the bar council who shall take a decision within one month after the matter has been referred to him. He may hear the advocate and his client if he deems it necessary. His decisions shall be notified to both parties within eight days after it is rendered. Notification shall be by any means leaving written evidence and proof that the decision was duly received.
(2) Within one month of the notification from the president of the bar council, the client or the advocate may refer the disputes to the president of the court which last handled the case or other cases to the president of the high court of the place of residence of the advocate.
Similarly, where the president of the bar council fails to take a decision within the time- limit provided for in subsection (1) Above, the party concerned may, by mere petition, bring the matter before the president of the court any time thereafter.
However, any action taken one year following notification from the president of the bar council shall be inadmissible.
(3) the registrar-in-chief shall summon the parties within eight days by registered letter with acknowledgement of receipt pr through official channels against a receipt.
The president of the court shall hear both parties in chambers with rights of cross- examination. He shall carry out all necessary investigations and decide by order.
An appeal may be made against the order within fifteen days following the date of notification of the parties by the registrar-in-chief or through a bailiff on the initiative of the first petitioner.
(4) The president of the court of appeal shall rule by order in accordance with the rules of procedure laid down in subsection (3) above. This order shall not be subjected to appeal.
Section 25. Where the decision of the president of the bar council has not been referred to the president of the court, it shall be rendered enforceable to by the latter at the request of the party concerned.
The order rendering it shall be subject to appeal.
Section 26. Where the dispute concerns expenses and honorariums of the president and the vice- president of the general assembly, the president or members of the bar council, it shall be brought before the president of the court under the conditions laid in section 24 above.
Section 27. An advocate must not:
(1) Enter into wagering agreement with his client on honorariums that will depend on the outcome of the case, in particular by stipulating that he shall receive a share of the award granted as honorariums
(2) Offer to acquire any rights under litigation or acquire any interest in matters entrusted to
(3) Accept fees from parties whom he has been appointed ex-officio to defend or give legal assistance to.
Section 28. (1) An advocate who has accepted a brief shall appear in his robes and be punctual at court sessions.
(2) Any absence by an advocate at a session shall be notifies to the president of the court. In such case, the advocate may be represented by a colleague or he may ask for the case to be adjourned.
Section 29. An advocate shall be bound to observe scrupulously the decorum imposed on him by rules, tradition and professional ethics towards judicial and legal officers, his colleagues and his clients. He must place above all else his obligations of loyalty and propriety, probity, independence and honour. He shall be bound to observe professional secrecy.
Section 30. In case of absence exceeding one month, an advocate shall notify the heads of the court of appeal and the president of the bar council of the date of his departure and that of his return.
Section 31. All advocates shall contribute to the bar association’s expenses through an annual subscription fixed yearly by the general assembly.
Section 32. An advocate or law partnership shall bound to take out a policy with an approved insurance company in order to cover his professional liabilities. The receipt for policy payments shall be forwarded to the president of the bar council at the beginning of each judicial year.
(2) Insurance companies shall be bound to insure the professional liabilities of advocates.
CHAPTER II : ACCOUNTS
Section 33. (1) The transactions of each advocate shall be entered in the following accounting documents:
(2) The books referred to above shall be numbered and initiated by the president of the court of first instance having jurisdiction over the area in which the advocate’s chambers are located.
Section 34. The journal shall show, on a daily basis, chronologically, without leaving any blank spaces or interlineations, and without marginal entries or erasures, revenue and expenditure in respect of civil and commercial matters as well as criminal, labour and administrative matters and, in particular, all sums received, all expenses incurred by the advocate in respect of proceedings as well as payments made to parties.
Section 35. An advocate shall also keep a general ledger in which he shall open a debit-credit account in the name of each client and for each case.
The general ledger shall record in the debit and credit columns opposite the items entered therein the folio of the journal from which they are reproduced.
The “debit” column shall include all items of expenditure such as moneys deposited at the registry, the amount of sundry expenses paid to bailiffs and process-servers, costs of engrossments or copies actually incurred by the advocate and the amount of his duties and fees with an indication of the item by virtue of which the sum is charged.
The “credit” column shall record all items of revenue received in full or in part such as deposited money that have been refunded and retaining fees and temporary allowances that have been paid.
Where the balance of the account shows that the advocate is owing the client, he must reimburse him within one month following settlement of the case.
Section 36. An advocate shall keep a counter-foil book comprising thee leaves for each receipt, two of which shall be detachable. All the three leaves shall bear the same serial number for each year. These leaves shall bear the full name and address of the payer, the date and purpose of payment, and the amount of money paid. The first detachable leaf shall be issued to the payer, the second filed in the case-file and the third left in the counterfoil book.
Section 37. (1) The advocate shall open a special bank account titled “client’s account”. This account shall not be liable to attachment.
(2)The advocate shall not pay any personal money into that
(3) He may not withdraw any monies out of the funds held on behalf of his client except with his client’s formal written consent.
If the client is illiterate, this consent shall be certified in writing by two witnesses presented by the client and identified by the advocate.
(4) He shall be bound to pay his client the sums received on his behalf within a maximum period of one month under pain of disciplinary
Section 38. The procureur general of the court of appeal and the president of the bar council may, at any time, check the accounts and the deposit situation of the advocates within his jurisdiction.
CHAPTER III : RELATIONS BETWEEN COUNSEL AND CLIENT
Section 39. (1) Subject to the provisions relating to ex-officio appointments of advocates, an advocate shall be free to accept or refuse a brief.
(2) An advocate who agrees to defend the interests of his client shall be deemed to be regularly
(3) In the event of an objection or at the request of the judicial and legal officer before whom the matter is brought, the advocate shall be bound to prove that he has been briefed by the client.
(4) The choice of an advocate implies that the choice of place of service is his chambers and implies an authorization to lodge an appeal and handle interlocutory
Section 40. (1) The competent judicial and legal officer may appoint ex-officio any advocate or advocate-in-training for the purpose if representing any natural person before his court in accordance with the instruments in force.
The advocate or advocate-in-training so appointed shall not be entitled to any honorarium.
(2) The advocate regularly appointed ex-officio may not refuse to offer his services without a valid reason duly accepted by the judicial and legal officer who made the appointment.
Where the reason is not accepted and if the advocate persistently refuses to comply, the disciplinary board shall, if necessary, impose one of the sanctions provided for in section 57.
Section 41. (1) A client may, at any time, withdraw his brief from counsel by notifying the advocate concerned and the registrar of the appropriate court.
(2) An advocate who decided not to continue with a brief shall notify the appropriate court and his former client of his decision. He shall however continue to assist the client for a period of one month following the date of notification.
(3) In the cases referred to in section 41(1) and (2) above:
Section 42. (1) No advocate may, during or after the performance of any work on behalf of a client, accept any brief, assist or give any advice in the same matter or in a related matter to any person whose interest are wholly or partially incompatible with those of his client.
(2) These provisions shall apply to advocates forming a partnership within the scope of section 4 (3) of this law.
CHAPTER IV : ILLEGAL PRACTICE AT THE BAR
Section 43. Any person other than a member of the bar who:
Section 44. (1) Whoever practices the profession of an advocate within the scope of section 43 of this law shall be punished with fine of from 500.000 to 500.000.000CFA francs or with imprisonment for from six months to three years or with both such fine and imprisonment.
(2) Whatever the case, the bar association may bring civil action against the said illegal practitioner
(3) The complaint lodged by the bar council shall entail the closure, at the request of the legal department, of the chambers concerned.
CHAPTER I : STRUCTURE AND FUNCTIONING OF THE ASSOCIATION
Section 45. (1) Advocates shall be members of a professional organization called the bar association or the bar, which shall be placed under the supervisory authority of the minister in charge of justice
(2) The bar shall have legal status
(3) The headquarters of the bar association shall be in Yaoundé
Section 46. The bar association shall comprise a general assembly and a bar council
Section 47. (1) The general assembly shall comprise all advocates.
(2) It shall meet when convened by its president or vice-president at least once a year in ordinary session and if need be in extraordinary session at the request of an absolute majority of its members, or of the bar council or of the minister in charge of justice.
(3) The organization and function of the general assembly shall be defined by the internal
Section 48. (1) The general assembly shall:
These regulations shall be approved by the supervisory authority and published in the official gazette in English and French.
(2) The supervisory authority may request a review of the draft internal regulations for the purpose of amending some of the provisions; in which case the general assembly shall reach a decision on the said provisions within two months from the date the request for review was
(3) Where the general assembly fails to reach a decision within the period laid down in the proceeding sub-section, the supervisory authority may amend the draft internal regulations.
Section 49. (1) Notwithstanding the provisions relating to the professional obligations of advocates as provided for in this law, the internal regulations shall define:
Section 50. (1) The agenda of meetings of the general assembly shall cover only matters relating to the practice of the profession
(2) It shall be drawn up by the president of the general assembly to whom may be referred, one month before the meeting, matters originating from members of the bar.
(3) The agenda of every meeting of the general assembly shall, fifteen days before the meeting, be forwarded to the supervisory authority who shall be represented at the general assembly meetings and who may cause any matters relating to the practice of the profession to be examined
(04) The supervisory authority may, when the agenda does not conform to the provisions of sub-section (1) above, ban the holding of an ordinary o extraordinary general assembly
(5) A report of the deliberations of the general assembly shall be forwarded to the supervisory authority and to heads of the appeal court.
Section 51. (1) The general assembly may validly conduct its business if not less than half of the members enrolled in the association are present or represented
(2) The general assembly shall take its decisions by secret ballot with a two-thirds majority on the first ballot and with a simple majority of the members present or represented on the second ballot.
(3) Notwithstanding the provisions of sub-section (1) of the section, the bar council and the president of the bar council shall be elected by a simple majority
(4) General elections shall be held at the time and for the period determined by the internal regulations of the association. By-elections shall take place within two months following the event, which created the vacancy.
However, where such an event occurs during the judicial recess or within the month presiding the recess, the by-elections shall only be held at the beginning of the next judicial year.
(5) Advocates-in-training, advocates who have been suspected or omitted from the roll in compliance with section 17 above shall not be allowed to vote.
Section 52. (1) The president of the bar council shall be elected from among members of the bar council
(2) The bar council and the president of the bar council shall be elected for two The bar council shall comprise seven members if the number of advocates is fifty, nine members where the number is between fifty and one hundred, eleven members where the number is between one hundred and two hundred, and 15 members where the number of advocates exceeds two hundred.
(3) Any advocate may be member of the bar council except:
Section 53. (1) The president of the bar council shall be of Cameroonian nationality. He may be re-elected once
(2) In the event of death, resignation, absence or disbarment of the president of the bar council, the most senior member on the roll in the bar council shall act in his place and elections shall be organized with the time-limit provided for in section 51 (4) above
Section 54 (1) the bar council and its president shall continue to perform their duties until the new bar council and its president are elected.
(2) Where the president of the bar council is absent for any reason whatsoever, the most senior member on the roll in the bar council shall automatically act in his place.
(3) Any advocate, except those referred to in section 51 (5) above may, by simple petition lodge at the registry within 10 (ten) days following the announcement of the results, refer any election dispute to the court of appeal of the headquarters of the association.
The procureur general of the court of appeal shall have the same rights within fifteen days following his being notified the report on the results of the election by the president of the bar council.
(4) The court of appeal shall make a ruling in chambers within 15(fifteen) days following the date the petition referred to in sub-section 9 are lodged at the registry.
Section 55.(1) the bar council shall administer the bar. It shall be president over by the president of the bar council who shall represent the bar association in all civil matters and before the courts.
(2) The bar council shall have the following duties:
CHAPTER II : DISCIPLINE
Section 56. (1) Any violation of the oath by any advocate or advocate-in-training, any dereliction of duty, particularly any gross professionals misconduct any breach of loyalty, propriety, honour, probity or dignity shall constitute a disciplinary offence.
(2) The bar council shall be the disciplinary board of the bar. Matters shall be referred to it either by the president of the bar of by the procureur general of the court of appeal. It shall then appoint from among its members one or more advocates to examine the matter.
It shall in all cases take a reasoned decision and mete out one of the sanctions provided for in section 57 below
(3) Disciplinary sanctions meted out by the bar council shall within 10 (ten) days following their pronouncement, be notified to the procureur general of the court of appeal in whose jurisdiction the advocate is established, who shall ensure their application.
Section 57. (1) Any advocate found guilty of a disciplinary offence shall be liable to one of the following sanctions:
(2) Any advocate-in-training found guilty f a disciplinary offence shall be liable to one of the following sanctions
(3) The decision handing down the disciplinary sanction of warning, reprimand or temporary suspension may also order withdrawal of the right to sit on the bar council for a period of up to three years
(4) Removal from the training list and disbarment shall be published in a newspaper carrying legal notices and/or in the official gazette
Section 58. (1) No disciplinary sanction may be taken against an advocate or advocate-in- training unless he has been heard or summoned through means leaving a written trace.
(2) Thirty days prior to the hearing, the advocate or advocate-in-training shall be granted access to this disciplinary file comprising all the documents of the investigation, at the headquarters of the association or at the chambers of the representative of the president of the bar
(3) The advocate shall be bound to appear in person; he may be assisted or, in the event of illness or justified absence represented.
(4) In the event of unjustified failure to appear, the council shall proceed and give its ruling
(5) Notwithstanding the provisions of subsections 1, 2, and 3 above the supervisory authority may as of right order the temporarily suspension of an advocate who is being prosecuted and detained for a felony misdemeanour, pending a decision on the merits of the case.
(6) During the period of suspension, the advocate shall not change his residence, handle any new cases, and plead in court of consult in his chambers. The latter shall be administered by one or more advocates appointed by the president of the bar council.
(7) The decision of the president of the bar council to appoint the acting advocate(s) shall be notified to the suspended advocate, to the heads of the appeal court of the area of jurisdiction, and forwarded, within a period of ten (10) days following such suspension, to the minister in charge of justice.
Section 59. Where, within two months, the president of the bar council fails to act or refuses to refer to the council a complaint from an individual or a colleague or a request from the procureur general of the court of appeal and the supervisory authority to sanction an advocate for an offence, the minister in charge of justice shall refer the matter to the procureur general of the area of jurisdiction who, after investigating the matter, shall bring such advocate before the court of appeal which shall give a ruling in chambers in accordance with the provisions of section 58 (1),(2), (3) and (4) above.
Section 60. If within six months of its being informed, the bar council does not give its decision, the matter shall be withdrawn by the supervisory authority. At the request of the latter, the procureur general of the court of appeal within whose jurisdiction the accused advocate is established shall refer the matter to the court of appeal which shall give its ruling as provided for in section 59 above
Section 61. Disciplinary proceedings against the president of the bar council, the president or vice-president of the general assembly or against a member of the bar council in office or for offences committed during their term of office shall be brought before the court of appeal by the procureur general of the said court. The latter shall act as of right when a complaint is lodged or at the request of the supervisory authority.
Section 62. (1) Disciplinary action shall not bar:
(2) Any disciplinary sanction with the exception of disbarment may, upon expiry of three years, be expunged by rehabilitation at the request of the penalized advocate if, within the interval, the latter was not subjected to any disciplinary or criminal proceedings. Provided that, as concerns suspensions from practice, the three-year period shall run only upon the expiry of the suspension
(3) The request fro rehabilitation shall be submitted to the authority that pronounced the sanction. The rehabilitation or rejection decision shall be notified to the requesting advocate at the heads of court and to the minister in charge of justice.
Section 63. The president of the bar council shall ensure the enforcement of disciplinary sanctions and report thereon to the procureur general who shall supervise the enforcement.
Section 64. The procureur general of the court of appeal may, if he so deems, request that a copy of all decisions taken in disciplinary matters by the bar council be given to him
Section 65. Where the disciplinary sanction is taken by default, the advocate sanctioned may lodge an appeal within one month following the date on which the report of the decision was served on him in person, and where the report is not personally served within two months following the date of substituted service at his residence.
The appeal shall be lodged by simple declaration at the secretariat of the association against a receipt or by registered letter with acknowledgement of receipt addressed to the president of the bar council.
Section 66. (1) Disciplinary decisions taken by the bar council may be appealed against by the advocate sanctioned or by the procureur of the court of appeal.
(2) The appeal shall be lodged within one month following notification of the
However where the decision is taken by default, this time-limit shall commence only after expiry of the time-limit for appeal provided for under section 65 above.
(3) The appeal shall be lodged by simple letter addressed to the president of the bar council and to the procureur general against a receipt.
The procurer general of the court of appeal shall, following the same procedure, notify the accused advocate, the president of the bar council and the plaintiff of the appeal.
(4) Where the appeal is lodged by the advocate or by the procureur general, a time-limit of 15 (fifteen) days shall be granted to the party notified thereof to appeal to any point of law.
The parties shall be summoned before the court not less than 8 (eight) days before the date fixed for the hearing.
(5) The court of appeal sitting as a full bench and in chambers shall have one month within which to decide on the appeal.
Section 67. Any misconduct on the part of an advocate or failure to abide by his oath during a court session shall be entered in the minute-book. The bar council, at the request of the legal department shall give a ruling within 30 (thirty days)
The bar council shall apply the sanctions provided for in section 57.
Section 68. Any offence resulting from a breach by the advocate of the secrecy of judicial inquiry, in particular, by releasing information from the case file or publishing documents or letters relating to on-going investigation shall, not withstanding criminal prosecution, be punished under the conditions provided for in section 56 et seq.
Section 69. Vicarious liability of advocates shall be subject to ordinary law procedure.
Any advocate sued for damages by reason of his professional activity shall immediately inform the president of the bar council thereof and the procurer general in whose area of jurisdiction his chambers are established.
Section 70. (1) The title of honorary advocate may be conferred by the bar council on any formal advocate who had been on the roll for twenty years.
(2) Honorary advocates shall remain subject to the disciplinary jurisdiction of the bar council. Their rights and obligations shall be determined by the internal regulations of the bar.
Section 71. (1) In the event of death of an advocate who is not in partnership, the president of the bar council shall immediately cause the chambers of the advocate to be sealed and appointed within 15 (fifteen) days, one or more fellow members of the bar who shall wind up, under his supervision, all current matters.
The instrument appointing the liquidator(s) shall be notified to the procureur general, the family of the advocate concerned and the minister in charge of justice.
(2) The chambers shall be evacuated within a period not exceeding one year following the date of the notification of the appointment instrument to the liquidator. Upon expiry of such period, the liquidator must submit a final report on the winding up operations to the president of the bar council, the procureur general of the court of appeal within whose jurisdiction the chambers are located and the minister in charge of justice.
(3) The bar council shall settle all disputes relating to the fees of the advocate acting as Provided that, if the latter is not satisfied with the decision of the bar council, he may refer the matter to the president of the court of first instance in whose jurisdiction the liquidated chambers are located. This court shall give a ruling, in accordance with the provisions of section 24 above.
Section 72. The chambers of an advocate may not be ceded or attached subject to the provisions of the general tax code.
Section 73. (1) Subject to the existence of a reciprocity agreement with his country of origin, a member of a foreign bar may be authorized by the president of the court trying the matter to plead in a given case. This said judicial and legal officer shall inform the legal department of his decision within twenty-four hours.
(2) The advocate so authorised shall inform the president of the bar council and the counsel for the opposing party and shall elect domicile in the chambers of an advocate established in the republic of Cameroon.
(3) Furthermore, within the framework of agreements, authorisation of practise or undergo training may be granted by the minister in charge of justice, upon the recommendation of the bar council, to members of a foreign bar or to foreign applicants for pupilage.
(4) Notwithstanding the provisions of section 5 (1) and (3) above, advocates of foreign nationality practicing in the republic of Cameroon on the date of enactment of this law shall be authorized to continue their practice.
Section 74. (1) Advocates established in the south west and North West provinces may, as a transitional measure, perform the duties of notaries public.
(2) In such a case, the area of jurisdiction of the advocate shall cover that of the court of appeal within which his chambers are located.
Section 75. (1) it shall be forbidden for the advocates referred to in the preceding section to draw up deeds outside their area of jurisdiction or to draw up instruments in respect of the status of persons resident or of property situated outside their area of jurisdiction, on pain of such instrument being declared null and void and of their being liable to disciplinary sanctions and payment of damages.
(2) However, where a principal instrument, in respect of a natural person or body corporate produces legal effect on property situated in different areas of jurisdiction, the advocate covered by the preceding section may, on authorization from the supervisory authority, receive the instruments concerning such property.
Section 76. The advocates referred to in section 74 shall cease to perform their duties of notary upon the appointment of a notary in their area of jurisdiction.
Section 77. notwithstanding the provisions of section 6 (a) of this law, lectures in the faculty of law who, before the entry into force of this law, concurrently practiced at the bar shall continue to so practice.
Section 78. All previous provisions repugnant to this law in particular those of law no.87/18 of 15 July 1987 are hereby repealed.
Provided that advocates-in-training who were sworn in as such prior to the date of enactment of this law shall continue to be governed by the provisions of law 87/18 of July 15, 1987, as concerns the continuation of their training and the authorisation to practice at the bar.
Section 79. The conditions of application of this law shall and when necessary, be fixed by regulations.
Section 80. This law shall be registered, published according to the procedure of urgency and inserted in the official gazette in English and French.
Avenue Charles ATANGANA, behind the Officers’ Mass – OLEZOA.
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