The Bar Association denounces the illegal exercise of the profession by foreign firms

The Senegalese Bar Association is sounding the alarm over the establishment of foreign law firms on the national territory, a practice that it considers to be a clear violation of the rules governing the exercise of the profession.

In a press release made public, the Council of the Order states that it has noted “for some time now the establishment of foreign law firms in Senegal, particularly in Dakar, in total disregard of the essential principles of practicing the legal profession and the most basic rules of ethics.”

According to the institution, lawyers registered in bars located outside the UEMOA area as well as firms established outside this community zone would carry out their activities in Senegal without respecting the regulatory provisions in force. The Order cites in particular Regulation No. 05/2014/CM/UEMOA relating to the harmonization of the rules governing the legal profession, Regulation No. 10/2006/CM/UEMOA on the free movement and establishment of lawyers who are nationals of the Union, as well as Law No. 84-09 of January 4, 1984 establishing the Order of Lawyers.
The Council of the Order recalls that “only lawyers registered in a bar of a WAEMU member state can establish themselves on a primary or secondary basis in another member state”, and this “according to well-defined terms and by decision of the Council of the Order of the host bar”.

In this context, the Senegalese Bar Association specifies that “to date, no lawyer registered with a bar outside the UEMOA area or law firm based outside this area has been authorized to set up in Senegal.” The institution therefore considers that “any current installation in Senegal of a foreign law firm constitutes the illegal exercise of the legal profession”, an offense provided for and punished by Senegalese legislation.

Faced with what it describes as a worrying situation, the Council of the Order announces that it has adopted a resolution mandating the President of the Bar to “take all required actions, including legal proceedings for the illegal exercise of the profession of lawyer, against the authors and accomplices of these actions”.
In conclusion, the Senegal Bar Association reaffirms “its commitment to respecting the rule of law” as well as “its firm commitment to combating any form of violation of the rules governing the exercise of the legal profession”.

This position comes in a context where questions related to the regulation of legal professions and compliance with community standards within the UEMOA remain at the heart of the concerns of professional bodies.

YEAR