Cabinets d’avocats étrangers au Sénégal : l’Ordre durcit le ton et annonce des poursuites
The Senegalese Bar Association is cracking down on the illegal practice of law. In a statement received, it noted the recent establishment of foreign law firms in Senegal, particularly in Dakar, in total disregard of the essential principles of legal practice and the most basic ethical rules.
“Lawyers registered with a bar association located outside the WAEMU area or law firms based outside this community are establishing themselves anarchically in Senegal, in total violation of all the principles and rules governing the practice of the legal profession, in particular Regulation No. 05/2014/CM/WAEMU relating to the harmonization of the rules governing the legal profession in the WAEMU area, Regulation No. 10/2006/CM/WAEMU on the free movement and establishment of lawyers who are nationals of the Union within the WAEMU area, but also Law No. 84-09 of January 4, 1984 establishing the Bar Association,” the members of the bar association stated.
They emphasize that the Senegalese Bar Association reminds us that, according to these texts, only lawyers registered in a bar association of a UEMOA member state can establish themselves primarily or secondarily in another member state, according to well-defined procedures and on the decision of the Council of the host bar association.
"The Senegal Bar Association informs the national and international public that to date, no lawyer registered with a bar outside the WAEMU area or law firm based outside this area has been authorized to establish itself in Senegal," they specify.
However, they reaffirm that any current establishment in Senegal of a foreign law firm constitutes the illegal practice of law, an offense provided for and punishable by law.
"Deeply concerned by this situation, the Council of the Bar Association of Senegal has adopted a resolution by which the President of the Bar Association has been mandated to take all necessary actions, including legal proceedings for illegal practice of law, against the perpetrators and accomplices of these actions," they said.
Before adding: "The Senegalese Bar Association reaffirms its commitment to respecting the rule of law and its firm commitment to combating any form of infringement of the rules governing the practice of law."
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