By DMLF Team
The Federal Advocacy Service Licensing and Administration Proclamation Number 1249/2021 contains the requirements needed for obtaining an advocacy license.
Any person who wishes to join the advocacy profession may obtain advocacy license by fulfilling the following requirements: a) to be an Ethiopian national or a foreign national of Ethiopian origin; b) have a minimum of first degree in law from a recognized Ethiopian Higher Education Institution; c) able to present a statement from his most recent employer indicating that, in his last two years of employment, he had not been subjected to measures for serious disciplinary infractions and can produce proof of good conduct; and d) meet the work experience required in the legal profession and e) pass any qualification examination that may be necessary to obtain advocacy license.
The requirement of being an Ethiopian national or a foreign national of Ethiopian origin is further extended to foreign national advocates or law-firms under Article 8 of the Proclamation. A foreign national advocate or law-firm with valid advocacy license granted in a foreign country may use his foreign license to render advocacy service to clients in Ethiopia under the following conditions: a) where the case involves the law of the Country that issued the advocacy license; and b) only in partnership with an advocate or law-firm licensed under this Proclamation.
The requirement of first degree in law from recognized Ethiopian Higher Education Institution is further extended to first degree in law from recognized higher education institution abroad. However, any person who received his first degree in law from a recognized higher education institution abroad may be granted advocacy license provided he fulfills the criteria set out under in the Proclamation.
There are three types of advocacy license namely: The Federal First Instance Court Advocacy License, All Federal Courts Advocacy License and The Federal Special Advocacy License. To obtain each type of license, the requirement of work experience differs for those individuals having degrees or diplomas from higher education in Ethiopia or abroad.
A Federal First Instance Court Advocacy License may be granted to a person who graduated with first degree in law from a recognized foreign Higher Education Institution with a minimum of five years of professional experience in the field of law in Ethiopia.
On the other hand any Ethiopian citizen or foreign national of Ethiopian origin who has graduated with a first degree in law from a recognized Ethiopian Higher Education Institution is required to have a minimum of three years of professional experience in the field of law; or has graduated with diploma in law and has a minimum of five years of professional experience in the field of law;
All Federal Courts Advocacy License may be granted to a person who graduated with a first degree in law from a recognized foreign higher education institution if he has a minimum of seven years of professional experience in the field of law in Ethiopia.
Any Ethiopian citizen or a foreign national of Ethiopian origin who has graduated with first degree in law from a recognized Ethiopian Higher Education Institution is required to have a minimum of five years of professional experience in the field of law;
Any person who wishes to obtain the Federal Special Advocacy License shall have a first degree in law from a recognized Higher Education Institution and a minimum of five years of professional experience in the field of law. If it is an institution or organization, the institution or organization needs to have a lawyer graduated with first degree in law from a recognized Ethiopian Higher Education Institution and has a minimum of five years of professional experience in the field of law. Federal Special Advocacy Licence holder does not receive payment from his client or section of the society he represents.
For obtaining First Instance Advocacy Licence and All Federal Courts Advocacy Licence, those Ethiopians or foreign nationals of Ethiopian origin who presented higher education qualification from Ethiopia or abroad shall sit for a qualification exam. They have to pass the entrance qualification examination set for the particular type of advocacy license.
Those advocates who fulfill the requirements of the Proclamation are allowed to engage in advocacy services. The Proclamation defined advocacy services as any kind of legal service provided by an advocate or a law firm for payment of a fee or in expectation of direct or indirect future benefit, or pro bono, including the following: a) providing consultation on legal issues; conducting negotiations except in criminal cases; b) drafting legal documents or submitting documents on behalf of a client; c) representing a client and litigating before courts of law; administrative tribunal; quasi-judicial institutions; arbitral bodies and other alternative dispute resolution forums.
Hence, the Proclamation Number 1249/2021 set out the requirements to obtain advocacy licenses for Ethiopians, foreign nationals of Ethiopian origin or foreign lawyers or foreign law firms. The requirements range from having the necessary higher education qualification to a minimum number of years of experience and passing a qualification exam.
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