	Beth Anne Gray J., LL.B. (Hons.) & Victoria Tejada LL.B. P.O. Box 832-0816 - World Trade Centre - Panama City - Republic of Panama International Legal Services

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Translation - Law 9 (1984) which regulates Legal Practice

All material included in the Gray & Co. web sites is for informational purposes only and may not reflect the most current legal developments, verdicts or settlements. The information should in no way be taken as an indication of future results. The material contained herein is not offered as legal or any other advice on any particular matter. This information has been provided to help you stay informed, and is not intended to replace legal or professional advice. While we make every effort to make sure that the information provided is accurate and useful, we recommend that you consult a lawyer or law firm if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation.

Chapter I - Conditions for Practice of the Legal Profession | Chapter II - Illegal Practice of Law | Chapter III - Incompatibilities | Chapter IV - Protection of the Practice of Law | Chapter V - Procedures and Sanctions

Law 9 (April 18, 1984), as amended by Law 8 (1993) and Supreme Court judgements which have held certain phrases to be unconstitutional.

Whereby the practice of law is regulated

The National Legislative Council

Decrees:

Chapter I - Conditions for Practice of the Legal Profession

ARTICLE 1: In order to practice the legal professional a certificate of admission to the bar issued by the Supreme Court of Justice is required.

ARTICLE 2: The National Law Society [Colegio Nacional de Abogados] shall admit as members every lawyer who has obtained their certificate of admission to the bar, according to the previous article, except where the party has been condemned, within the five years previous to the admission to the bar, of any crime against public administration, crimes against property, commission of perjury, or crimes against the administration of justice.

ARTICLE 3: The Supreme Court of Justice shall only issue the certifications of admission to the bar for the practice of law to those who fulfil the following requirements:

A Panamanian citizen;
Holds a professional diploma issued by the University of Panama, the Universidad Santa María la Antigua, or any other university institution established in the future in the Republic of Panama whose diplomas the law recognises as being valid; and
Holds a degree in law, obtained from a recognised University, which has been previously validated by the University of Panama, except where international conventions provide clear and precise terms which exempt the applicant from the obligation of validating their professional degree.

ARTICLE 4: The profession shall be practiced by duly issued powers of attorney or advising the interested party, and, among other things, includes:

Legal representation before courts in civil, criminal, labour, minor, electoral, administrative, maritime and any other matters which exist or which are created in the future.
The provision of legal opinions in writing or verbally.
The drafting of complaints, last wills and testaments, resolutions, and applications addressed to any public servant.
The preparation of legal documents relating to the incorporation, operation, dissolution and liquidation of a corporation.
The drafting of any type of contract.
The presentation of administrative applications.
The filing of documents in the Public or Civil Registry and the applications, recourse, and claims which may arise from their rejection and the amendment thereof.
Accompanying any person in any application or hearing in which their services are requested.
Being a registered agent according to Article 1 and 2 of Law 32 of 1927.
Any other activity or transaction not expressly included in this article for which the profession of law is required.

ARTICLE 5: Hereafter, no new authorisations to act as a judicial or administrative agent shall be issued.

Those judicial or administrative agents to whom the Supreme Court of Justice has issued a certificate of admission to practice before the entry into effect of this Law, shall only be able to act before the Municipal Judges and Magistrates and administrative public servants who have jurisdiction in a single district, and before the Circuit Court Judges and administrative public servants, in appeals, in those cases where they have presented the first instance cases.

ARTICLE 6: Any person that believes that they have the right to obtain a certificate of admission to practice law shall apply to the Supreme Court of Justice, and must include that evidence indicated in ARTICLE 3 of this Law. The Supreme Court of Justice shall decide regarding the application within the following fifteen days, and if the resolution is favourable, shall issue to the applicant the corresponding certificate.

ARTICLE 7: In every court a special registry shall be kept in which the names of the persons authorised to practice law shall be registered. To this end, the Supreme Court shall publish the resolution in which the issuing of the certificate is authorised. The applicant may register the corresponding certificate before any public office in which they are authorised to act.

For the effects of publicity, the National Law Society shall prepare periodic lists of its members.

ARTICLE 8: The National Law Society shall not reject the application of any duly licensed lawyer to membership, by reason of race, creed, ideology or political persuasion; likewise it shall protect the social wellbeing of its members and guarantee a Code of Ethics and Professional Responsibility for Lawyers.

Chapter II - Illegal Practice of Law

ARTICLE 9. The crime of illegal practice of law is committed where:

The person practices without fulfilling the requirements of ARTICLE 1 of this Law, or declares themselves to be or passes themselves off to be a lawyer, or offers personal services which require them to be a lawyer or acts without legal authorisation.
The court officer, or officer of the Prosecution or Administration who is proved to directly or through another person acts in matters which imply the practice of law.
Students who have graduated in Law, acting as advocates in criminal hearings, are excepted from this case.

Those who breach this article shall be sanctioned the first time with a fine of five thousand to one hundred thousand balboas [dollars], according to the severity of the crime committed. Any recurrence shall be punished with the maximum fine. If the accused is a public servant, they shall be suspended for thirty days the first time, and dismissed if they repeat the offence.

ARTICLE 10. The public servant who accepts as an attorney, adviser or advocate a person that is not licensed to practice law, or in any way facilitates, authorises, permits or supports the illegal practice of law shall be sanctioned with thirty days suspension from their office the first time, and in the case of repeating the offence shall be dismissed.

Likewise, the sanction shall be applied to the public servant to refuses to accept the representation of a lawyer or when for any reason or motive they obstruct the practice of law by a lawyer.

ARTICLE 11. Administrative, judicial and prosecution officers are prohibited from appointment as curators, receivers in bankruptcy or reorganisations, separation of assets, defence attorneys, advisers or advocates in any civil, criminal or administrative matter, unless they are duly licensed to practice law and authorised by the Law to act. Surveyors who are required in the division of assets are exempted from this prohibition to act where the division of real property is involved.

ARTICLE 12. Civil court judges, in the criminal branch, shall have jurisdiction to hear cases of breaches for practicing law illegally, as outlined in the previous articles.

Any person may present complaints for the breaches committed in the illegal practice of law.

Chapter III - Incompatibilities

ARTICLE 13. Those lawyers who provide services as public servants, or al legal advisers or consultants in any Government or Municipal Office, or who act as such under contract and, by reason of these responsibilities, may issue authorisations, opinions, permits, certifications, or decide regarding acts or matters of any nature, are prohibited from litigating in the administrative review proceedings related to their role, or to the Ministry, entity or official department in which they work.

The lawyer who breaches this provision shall be sanctioned with the suspensions indicated in Chapter V of this Law.

Chapter IV - Protection of the Practice of Law

ARTICLE 14. Administrative, judicial and prosecution officials are prohibited from accepting or processing applications or writs, relating to the practice of law, which have not been signed by a lawyer, except in those cases prescribed by the Constitution or the law.

Notary Publics shall not protocolise or issue documents based on minutes which have not been prepared and signed by lawyers, unless the documents are of a personal nature such as conveyance, sale and encumbrance of personal or real property of the person in question.

Any actions in breach of these prohibitions of this article shall be annullable, which may be declared upon request or summarily.

ARTICLE 15. The administrative, judicial or prosecution officer who claims any payment of fees which is not authorised by Law, is committing the crime of {concusión}, which is typified and punishable under the Criminal Code.

Where any fees are paid, the public servant shall issue a receipt which includes the legal provision which authorises the charge of the fees.

ARTICLE 16. The practice of law through a corporation (limited liability company) or other commercial entities is prohibited.

It is permitted to practice law through partnerships only, which shall be incorporated solely for this purpose by duly qualified lawyers.

ARTICLE 17. Where there is no service contract (letter of engagement or retainer agreement) between the client and the lawyer, it shall be understood that the rates to apply are those established by law.

The rates which regulate these professional fees, duly authenticated, or an authenticated copy of the relevant part thereof and an authenticated copy of the documentation or representation or the expert opinion of the lawyer, shall be sufficient proof for summary judgement where the client has not paid the legal fees.

Chapter V - Procedures and Sanctions

ARTICLE 18. The breach of the rules in the Code of Ethics and Professional Responsibility of the National Law Society and any legal provision in effect with respect to a particular matter shall be a violation of ethics.

ARTICLE 19. If the material facts in a disciplinary hearing are, additionally, a criminal act which may be prosecuted without complaint, the disciplinary tribunal shall make them known to the prosecutor's office to follow through.

The existence of a criminal complaint regarding the same material facts shall not result in the suspension of the disciplinary hearing.

ARTICLE 20. The sanction which apply to lawyers who breach the law which regulates the practice of law, and of the rules of the Code of Ethics and Professional Responsibility of the National Law Society or any legal provisions in effect regarding the practice of law and legal ethics, are the following:

A private admonishment, which consists in the private reprimand which is made to the accused for the breach committed.
A public admonishment, which consists in the public reprimand made to the accused for the breach committed.
For first offences, a suspension of the license to practice law for a period of more than one (1) month and less than one (1) year.
For non-first offenders, a suspension of the license to practice law for a minimum term of two (2) years.

{i.e. disbarred from practicing}

ARTICLE 20-A. The sanctions contemplated in subsections 3 and 4 shall apply only where there is no criminal sentence issued by a Criminal Court with a similar effect.

ARTICLE 21. The National Law Society shall create an Honour Tribunal to investigate violations of ethics which are presented by interested parties or public servants of the Judicial Branch, the Prosecution or the Administrative Branch, which know of the case in which the breach took place.

ARTICLE 22. The Honour Tribunal shall be composed of five (5) lawyers, elected according to the Bylaws of the National Law Society, for an individual period of four (4) years.

The Bylaws of the National Law Society shall provide for a rotating election of these five (5) members.

The members of the Honour Tribunal shall fulfil the following requirements:

Have at least ten (10) years experience practicing law;
Have good moral and professional standing; and
Not be a public servant in the Public Administration, Judicial Branch or Prosecutor's office.

Each member shall have one (1) deputy, who shall replace them in the case of being indisposed or in temporary or permanent absence. The Honour Tribunal shall elect its President and Secretary, from its members, and its internal regulations shall be established in accordance with the Bylaws or special regulations of the National Law Society.

PARAGRAPH: For the following election, three (3) members shall be elected for a period of two (2) years. In the following biannual elections, each group of members shall be elected for a complete term of four (4) years.

ARTICLE 23. When the Supreme Court of Justice advises that there have been acts which constitute a violation of professional ethics or when a complaint is received from an interested party, the Honour Tribunal shall be asked to conduct the corresponding investigation. The tribunal shall proceed immediately to investigate the alleged facts resulting in the violation of professional ethics, and such investigation shall be limited to the facts indicated in the complaint. The investigation shall be concluded within the fifteen (15) days following receipt of the communication from the Supreme Court of Justice.

ARTICLE 24. The investigation shall be undertaken for the following purpose:

Confirm that the act constitutes or not a violation as presented, through the practice of any hearing and investigations required to arrive at the truth;
Establish the circumstances which gave rise to the act and those which justify, mitigate or amplify it;
Verify that the person against whom the complaint is laid is licensed to practice law, how long they have been practising law and any prior disciplinary hearings; and
Determine, in addition to the principal, if there are any other participants. The accused lawyer shall have the opportunity to recount, in writing, to the Tribunal the circumstances which, in their view, release them from responsibility of the acts of which they are accused.

ARTICLE 25. The Honour Tribunal shall reject the accusation and order the filing of the investigation when it is patently obvious that the alleged violation did not take place, or where the act in question does not actually meet the requirements for a violation of ethics or where judgement will not ensue for lack of merit.

The resolution which endorses the filing of the investigation shall be well-reasoned and shall not be subject to appeal.

ARTICLE 26. If the Honour Tribunal considers that a hearing is warranted, they shall request that the General Business Chamber of the Supreme Court of Justice decree a citation to judge the accused.

ARTICLE 27. The requirement for the hearing shall contain the personal details of the accused lawyer, or those which are necessary to identify them and a clear, precise, circumstantial and specific narration of the facts which constitute the violation of ethics and the legal description. This act shall be adopted by a majority vote of the Honour Tribunal, and shall be signed by those members of the Tribunal that approve it.

ARTICLE 28. Upon receiving the request from the Honour Tribunal, the General Business Chamber of the Supreme Court of Justice shall notify the accused, who may, in the following five (5) days:

Present exceptions;
Contest the hearing, requesting the filing of the proceedings.

ARTICLE 29. When the term indicated in the previous article has expired or upon deciding the pleadings, as the case may be, the Chamber of the Supreme Court of Justice shall order the filing of the file for lack of merit or shall declare that a hearing be held, as appropriate. This order shall close the investigation.

ARTICLE 30. If is it not possible to find the accused to notify them of the requirement of the Honour Tribunal, they shall be summons by public notice fixed in the Secretarial Section of the Supreme Court of Justice for a term of ten (10) days and a copy of the notice shall be sent by regular mail to the professional address or domicile which is available. If within the following three (3) days after the notice is removed the accused has not appeared, a public defender shall be appointed to represent them in the proceedings.

ARTICLE 31. The resolution which transforms the investigation into a hearing shall specify those facts required for this in Article 27 of this Law and, additionally, the name and general details of the complainant or the indication of the authority or public office that presented the accusation.

ARTICLE 32. In this same resolution which initiates the hearing, a term of no less than ten (10) days and no more than fifteen (15) days shall be established for the oral hearing, in which the evidence shall be presented by the parties.

ARTICLE 33. At the hour established for the hearing, the presiding justice shall declare the hearing open, the secretary shall read the resolution which has the charges and the evidence shall be presented. Immediately thereafter, the accused or their counsel shall be heard.

Once the hearing is finished, the members of the General Business Chamber of the Supreme Court of Justice shall meet in a private session to deliberate. The decision shall be given immediately and, if they condemn, they shall indicate the corresponding sanction to the accused.

Only when said Chamber of the Supreme Court of Justice considers that a longer period is required in order to decide, the sentence shall not be pronounced in the hearing.

ARTICLE 34. {Declared unconstitutional}.

ARTICLE 35. Given the disciplinary character of these rules, the Supreme Court of Justice is hereby given a wide discretion to impose the sanction which corresponds, taking into account the nature, severity and type of breach, the personal and professional background of the accused, without prejudice to the actions and civil and criminal sanctions which may be available.

ARTICLE 36. Only when the sanction imposed is the suspension or disbarment from the practice of law, the sentence may be petitioned for reconsideration, within three (3) days of notification.

ARTICLE 37.

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