Nationwide Strike Disrupts Legal Proceedings
The legal landscape in Morocco is currently facing significant upheaval as attorneys across the nation enter the third week of a comprehensive strike. This work stoppage has resulted in the suspension of numerous court proceedings and has led to the postponement of a considerable number of criminal trials. Consequently, many defendants are experiencing extended pretrial detention, exacerbating an already congested judicial system. Central to this ongoing dispute is Draft Law 66.23, a proposed reform of the legal profession introduced by Justice Minister Abdellatif Ouahbi. Bar associations nationwide contend that this legislation was developed without sufficient consultation and contains provisions that they perceive as detrimental to the practice of law and the fundamental right to defense.
Legal professionals are expressing strong opposition not only to the legal stipulations but also to the tax measures outlined in the draft. They are advocating for structured discussions with the government to address their concerns, which include the need for a tax regime more aligned with the realities of legal work, enhanced social protections, and clearer safeguards for the rights of defense. These attorney groups have accused the Justice Ministry of employing a top-down approach that disregards prior commitments to a participatory reform process. While there is general agreement among lawyers regarding the necessity of updating the legal framework, they emphasize that any proposed reforms must be balanced and transparent.
Reform Proposals and Concerns
In addition to the objections raised by legal professionals, various public entities have also weighed in on Draft Law 66.23. The Competition Council has suggested removing the upper age limit of 45 years for entry into the legal profession, arguing that such a restriction is unjustifiable within a competitive market. Furthermore, the council has recommended implementing annual entrance examinations for the National Institute of Legal Training, rather than the current system of a singular exam conducted approximately every three years. It has also called for a national cap on registration fees to prevent significant disparities between local bar associations.
From the perspective of the Justice Ministry, Draft Law 66.23 is designed to modernize and expand upon Law 28.08, which has governed the legal profession since 2008. The ministry acknowledges that the existing law has revealed several gaps and practical shortcomings after more than 15 years in effect. They argue that the new bill offers a more structured framework that clarifies access to the profession, professional status, and disciplinary procedures. Notably, one of the major changes proposed in the bill is the introduction of a more rigorous pathway to legal practice, requiring aspiring attorneys to obtain a master’s degree, succeed in a competitive entrance examination, and complete a formal training and apprenticeship period. Additionally, the draft establishes a specific qualification track for court registry employees with relevant experience, addressing a long-standing demand that was not adequately addressed in Law 28.08.
Moreover, for the first time, the draft law introduces an official system of professional specialization, allowing attorneys to earn a “specialized lawyer” designation after completing additional training in specific practice areas. The legislation also aims to clarify the legal framework governing partnerships and civil law firms, providing more flexible organizational structures than currently exist. Another significant provision is the introduction of mandatory continuing education for lawyers, which was not compulsory under Law 28.08. This requirement would ensure that legal professionals engage in structured ongoing training, thereby enhancing their expertise and improving procedural safeguards in disciplinary matters.
In an effort to increase financial transparency and minimize disputes, the proposed law includes measures mandating that all client funds be placed into dedicated attorney escrow or trust accounts. This requirement is a response to previous issues regarding the mismanagement of client funds. The draft also necessitates written engagement agreements between lawyers and clients, detailing specific information, and obliges lawyers to issue receipts for any payments received. In cases of fee disputes, a defined mechanism would be established for clients to present their concerns to the bar president. Furthermore, the proposed law clarifies rules governing legal aid and enforces stricter conflict-of-interest provisions, aiming to bolster protections for individuals relying on court-appointed or legal-aid counsel.
Despite the Justice Ministry’s assertions that the comprehensive package of measures—encompassing electronic tools, specialization, and continuous training—represents a substantial modernization of the legal profession, bar associations remain steadfast in their strike. They insist that the draft law cannot progress in its current form. The ministry has yet to announce any significant changes to the bill, while lawyers are prepared to continue their pressure until their demands for meaningful revisions and a genuine negotiation process are taken into account. As this situation unfolds, judges find themselves with fewer cases to adjudicate, and litigants are left in growing uncertainty regarding the resumption of their matters in court.
As reported by north-africa.com.
