Justice annuls the decision of the Bar Council on the distribution of property files among its members – Telquel.ma

USAThis decision follows the King’s Attorney General’s appeal to the Marrakech Court of Appeal, challenging the legality of the Council of the Bar’s decision from January 2024.

The Attorney General argued that this decision was contrary to the fundamental principle of the independence of the legal profession, as laid down in the Lawyers Act. According to him, the decision to generalize and spread cases about property and physical violence also violated the applicants’ rights as it limited their freedom to choose their own lawyer.

In response, the current president defended the Bar Council’s decision by pointing to an in-depth investigation conducted by its members into the workload of lawyers.

However, the Court ruled that the Bar Association’s decision exceeded its powers and was contrary to the free and independent nature of the legal profession, as defined by law.

She emphasized the importance of contractual freedom between the lawyer and his client, recalling that professional bodies have the power to regulate the conduct of lawyers to protect professional ethics and freedom of competition.

Consequently, the Court annulled the decision of the Bar Association and confirmed that it did not respect the fundamental principles of the legal profession as defined in the law.