Admission to the Iraqi roll of advocates and appearances by foreign lawyers
Foreign companies and international law firms with interests in Iraq repeatedly ask two questions: can their foreign counsel appear before Iraqi courts, and who may give legal advice in Iraq at all? An Iraqi graduate of a foreign university asks about the route to the roll of advocates. The office of lawyer Ali Barakat in Baghdad, al-Yarmouk, explains what Advocacy Law No. 173 of 1965, published in Official Gazette issue 1213 on 22/12/1965, says on these points.
Membership and the roll
Article 1 provides that joining the Iraqi Bar is optional for anyone wishing to practise, and takes place by entering one's name on the roll of advocates. Entry on the roll is therefore the gateway to practice. Article 22 ties professional work to it: giving legal advice, and acting for others to claim and defend rights before courts, investigative offices, police and committees with judicial functions, is reserved to registered advocates, subject to limited exceptions in the text.
Who may be admitted?
Article 2 lists admission conditions, including:
- Iraqi nationality, or Palestinian nationality with residence in Iraq, and full civil capacity;
- a first university degree in law or equivalent from an Iraqi university, or from a recognised Arab or foreign university provided the applicant passes an additional examination in Iraqi law set and run by the Bar Council;
- good conduct and reputation;
- no conviction for a felony or dishonouring misdemeanour unless the period in the text has passed;
- no illness preventing practice.
An Iraqi who studied law abroad thus needs recognition of the degree and success in the additional exam before admission. A non-Iraqi who is not a Palestinian resident falls outside the nationality condition in article 2.
Oath and training
Under article 11 a newly registered advocate may do no professional work before swearing the oath at the Court of Appeal in the presence of the head of the Bar or a deputy. Article 18 then requires training by one of two routes: two years in the office of an advocate with at least five years' practice, or staged powers over at least three years. Articles 19 and 20 set what a trainee may handle each year. At the end, the trainee files a court-certified list of cases, and the Bar Council decides registration with full rights of audience or extends training by a year with reasons, under article 21.
Arab lawyers
Article 3(a), without prejudice to special agreements between Iraq and other states, allows a member of an Arab bar to plead specific cases before Iraqi courts at the equivalent level, after confirming continued practice, subject to reciprocity and the approval of the head of the Bar. Members of the Syrian bar are exempt from the reciprocity and approval conditions.
Non-Arab foreign lawyers
Article 3(b) allows an Iraqi advocate to associate, in a specific case, a lawyer who is not a member of an Arab bar, with permission from the head of the Bar and the Minister of Justice's consent, after confirming continued practice and the type of rights held. Three points follow:
- Association is for a specific case, not general practice.
- The foreign lawyer works alongside the Iraqi advocate who associates them, not alone.
- Two approvals are needed: the head of the Bar's permission and the Justice Minister's consent.
A foreign company therefore starts by instructing a registered Iraqi advocate, who then seeks permission to associate foreign counsel if the company wishes. A power executed abroad is made at an Iraqi consulate; see powers of attorney before a notary or consul.
Arbitration and international legal teams
Arbitration differs from court advocacy, but enforcing a foreign award in Iraq returns to the courts, where a registered advocate's role appears. See the New York Convention and Iraq's reservations. Courts in the Kurdistan Region apply a separate statute, the Kurdistan Region Advocacy Law No. 17 of 1999.
Legal basis and sources
Frequently asked questions
Can a foreign lawyer plead alone before an Iraqi court?
Not under article 3; a non-Arab lawyer joins an Iraqi advocate in a specific case with the head of the Bar's permission and the Justice Minister's consent.
Is a foreign law degree enough for admission?
The university must be recognised in Iraq and the applicant must pass an additional exam in Iraqi law under article 2.
Where does a new advocate take the oath?
Before the Court of Appeal in the presence of the head of the Bar or a deputy, under article 11.
Related topics and articles
- 01Iraq’s reservations to the Convention on the Recognition and Enforcement of Foreign Arbitral AwardsIraq’s accession Law 14/2021 to the 1958 New York Convention: reservations on earlier awards, reciprocity, and contractual commercial relationships.
- 02A branch, a subsidiary and a representative office, and what may differ in the RegionA foreign-company branch, an Iraqi subsidiary, and a so-called representative office, with a general note on the Region, under the 2017 regulation.
- 03Powers of attorney and attestation before an Iraqi notary or consulIraqi powers of attorney under Notaries Law 33/1998: attendance and identity, reading and signing, foreign documents and translation, the consul as notary, and cancellation.