Bar Admission Requirements
Explanation
The law organizing the legal profession specifies precise conditions that must be met by anyone wishing to practice the profession. To register with the Bar Association, the applicant for registration must have been Lebanese for at least ten years. It is also required that they enjoy civil capacity [la capacité civile], and that they have completed twenty years of age and have not exceeded sixty-five.
On the academic level, the law requires the possession of the second part of the Lebanese Baccalaureate, a Lebanese law degree, in addition to the certificate of aptitude [le certificat d'aptitude]. The subjects of this certificate are distributed over the four years of study, and are determined by a decision of the Council of the Lebanese University after the approval of the two Bar Associations. In the event of a disagreement, the Council of Ministers decides by decree.
Specific categories are exempt from the Baccalaureate requirement. These categories include those who benefited from the special exemption for equivalence according to the Higher Education Organization Law of 1961, those who obtained official statements acting in place of the certificate, and holders of equivalent foreign secondary certificates between the years 1987 and 1991.
Moral conditions are considered essential for accepting the registration application. The applicant for registration must have a conduct that inspires trust and respect. It is prohibited to register anyone who has been criminally or disciplinarily convicted due to an act that breaches honor or dignity, or who has been dismissed from a public office or a previous profession for the same reason.
Registration applications are submitted to the Bar Council with the required documents. This obligation [cette obligation] falls upon the Council to decide on the application by a reasoned decision within two months. This time limit can be extended to four months if there is a need to investigate the applicant's conduct.
If the Council rejects the application or the time limit expires without a decision being made on it, the applicant has the right to appeal to the civil court of appeal [la cour d'appel civile] within thirty days. The court requests the applicant's file, and the Bar Council must send it within a maximum of two weeks with its observations.
Official legal articles
replace · 1991-02-21: Open the official text
replace · 1978-12-21: Open the official text
Think deeper
How does the authority of the Bar Council to extend the time limit for deciding on the registration application to investigate the applicant's conduct relate to the moral conditions required to practice the profession?
Flashcards
What is the minimum period required for holding Lebanese nationality to register with the Bar Association?
At least ten years.
What are the minimum and maximum age limits for an applicant registering with the Bar Association?
To have completed twenty years of age and not have exceeded sixty-five.
Who decides in the event of a disagreement over determining the subjects of the certificate of aptitude between the Lebanese University and the two Bar Associations?
The Council of Ministers decides on the matter by decree.
What is the regular time limit given to the Bar Council to decide on a registration application?
Two months from the date of submitting the application.
When is the time limit for the Bar Council to decide on a registration application extended to four months?
If the Council deems it necessary to investigate the conduct of the registration applicant.
What is the time limit available for the registration applicant to appeal to the Court of Appeal after being notified of the rejection decision?
Thirty days from the date of notification of the rejection decision or from the date of expiration of the four months.
What is the time limit given to the Bar Council to send the applicant's file to the Court of Appeal?
A maximum of two weeks immediately upon the court's request for the file.
Practice questions
Which of the following conditions is legally not required for someone intending to practice the legal profession?
The law requires the registration applicant to have completed twenty years of age, not twenty-five (Article 5).
Which competent authority issues the decision determining the subjects of the certificate of aptitude before obtaining Bar Associations approval?
The subjects are determined by a decision issued by the Council of the Lebanese University after obtaining Bar Associations approval (Article 6).
If the four-month time limit expires without the Bar Council deciding on the registration application, what can the applicant do?
The applicant has the right to appeal to the civil court of appeal in the governorate of the Bar Association center (Article 7).
What is the specified time limit to submit an appeal to the Court of Appeal after being notified of the registration rejection decision?
The appeal to the Court of Appeal must be submitted within thirty days from notifying the applicant of the rejection (Article 8).
Can someone who has exceeded sixty-five years of age register with the Bar Association to practice the profession?
The law explicitly requires that whoever intends to practice the profession must not have exceeded sixty-five years of age (Article 5).
If the Court of Appeal requests the applicant's file from the Bar Council, when must the Council send it?
The Bar Council is obliged to send the file within a maximum of two weeks with its observations (Article 8).
Case problems
Samir, 22 years old and Lebanese since birth, submitted a registration application to the Bar Association. Samir holds a Lebanese law degree and the certificate of aptitude. However, he was previously dismissed from a public office due to embezzlement of funds. The Bar Council rejected his application, so is the rejection decision legal?
Model answer
Yes, the rejection decision is legal.
The law specifies mandatory conditions for practicing the legal profession (Article 5).
Among these conditions is that the applicant must not have been dismissed from a public office for a reason breaching honor and dignity.
Embezzlement of funds is considered an act that breaches honor and dignity.
Therefore, Samir lacks an essential registration condition, and the Bar Council's rejection decision complies with the law.
Self-grading rubric
The Council of the Lebanese University disagreed with the Bar Associations in Beirut and Tripoli over determining the subjects of the certificate of aptitude. The University insisted on its decision and issued it unilaterally without the approval of the two Bar Associations. Is this procedure correct? And how is this disagreement resolved legally?
Model answer
The procedure taken by the Lebanese University is incorrect.
The law requires the approval of the Bar Associations in Beirut and Tripoli to determine the subjects of the certificate of aptitude (Article 6).
In the event of a disagreement over determining these subjects, the University does not have the right to make the decision unilaterally.
This disagreement is resolved legally by the intervention of the Council of Ministers, which has the right to decide on the matter by decree.