INTERNAL REGULATIONS

OF THE BAR ASSOCIATION OF THE KINGDOM OF CAMBODIA

 

The Bar Association of the Kingdom of Cambodia

CHAPTER I:

PROFESSIONAL RULES

 Article 1: professional rules

The attorney entered in the Bar Association of the Kingdom of Cambodia shall apply and respect the professional rules determined by the "Code of Ethics of the Attorney Entered into the Bar Association of the Kingdom of Cambodia."

CHAPTER II:

ASSEMBLIES OF THE ASSOCIATION

 Article 2: Organization of the Assemblies of the Association

The General Assembly brings together all attorneys entered into the Role and on the List of the Stage.

It [the General Assembly] is informative or consultative. It can issue votes or motions on which the Council of the Association is required to comment within 3 months.

Only those attorneys having the right to vote participate in the deliberations.

Other than in regard to elections, the General Assembly is convened at least one tune per year by decision of the Council of the Association which determines the agenda. Except for an emergency, this is brought to the attention of the members by all appropriate means at least l month in advance.

All attorneys may initiate the entry of a question onto the agenda, by request addressed to the Council of the Association at least fifteen days in advance by registered letter with receipt or placed at the secretariat against a receipt.

The General Assembly is presided over by the President.

When a vote takes place, it is done by raised hands. A vote by secret ballot may be ordered by the President or upon the request of at least one quarter of those present.

Article 3: Organization of Elections

Elections of members of the Council of the Association take place every 3 years. The election of the President takes place every 2 years.

The elections are organized on the 16th of October of each year during a public session and their modalities are determined by the Council of the Association. The elector attorneys are convened by appropriate means (circular letter or public notice and posting at the Association) 1 month in advance.

Candidacies are established by written request to the President at least l month prior to the balloting; [failure to meet this deadline] may result in inadmissibility. The names of the candidates are sent out by all appropriate means and appear at the polling station.

Elections cannot proceed unless over half of the members are present or represented. The polling stations are presided over by the eldest lawyer present.

The President, or his or her delegate, resolves problems that may arise in the course of the proceedings or ballot counting.

The lawyer proves his or her qualification as a voter by presenting his or her professional card at the entrance to the offices.

Voting by proxy is permitted. No lawyer may hold more than one power [of attorney].

Any vote received by an ineligible person is considered void. Blank or null votes are set aside and are not taken into account in the calculation of the majority.

The results are announced by the President at the end of the proceedings and are notified to the Prosecutor General of the Court of Appeals. The Council of the Association takes note of them during its next meeting.

CHAPTER III:

THE BAR COUNCIL OF THE ASSOCIATION

 Article 4: meetings and deliberations of the Council of the Association

The Council of the Association meets at the initiative of the President, who sets the agenda.

Meetings of the Council of the Association are not public, subject to proper arrangements in disciplinary procedures.

The Council cannot sit unless a half of its members are present. Decisions are made by a majority of the votes cast. The President votes with the members of the Council; his or her vote is not preponderant.

The minutes of the meeting are prepared by the Secretary of the Council. They are not definitive until approved by the Council.

Any member of the Bar can request to examine the minutes of the meetings of the Secretariat of the Association. He or she or she may obtain a copy [of the minutes], unless the President opposes.

Article 5: meetings and deliberations of the Council of the Association

The Council of the Association, at the first meeting following each turnover, designates a Secretary, an Assistant Secretary, a Treasurer, and an Assistant Treasurer. They receive from the President a signatory delegation for banks.

CHAPTER IV:

LEGAL ASSISTANCE

 Article 6: designation by the President of a Voluntary Attorney

In conformity with Article 29 of the law, a special account is open and reserved for legal assistance to the most needy.

A person who is the beneficiary of legal assistance transmits to the President a request for legal assistance (Annex No.1), previously examined by the President of the Court or the Chief Clerk who have established the insufficiency of resources of the petitioner.

Within a period of 15 days maximum, the President designates one of his or her colleagues who are designated as volunteers to intervene in the framework of legal assistance.

Each volunteer shall report to the President.

The Council of the Association shall determine the number of lawyers required for the proper functioning of legal requests.

 

Article 7: rate of compensation of the Attorney

The lawyer designated to the legal assistance staff shall receive a monthly compensation (including all costs) the amount of which shall be determined each year by the Council of the Association.

The lawyer undertakes to be responsible for all cases to which he or she shall be assigned. The amount of [his or her] remuneration is independent of the number of cases handled.

Prior to receiving the compensation due to him or her or her, the lawyer shall submit on the 15th of each month a report (Annex No.2) specifying the state of progress of the cases for which he or she has been designated.

If the volunteer lawyer does not provide the diligence necessary to the normal course of the proceedings, the President may withdraw his or her name from the list of volunteers and may Initiate disciplinary proceedings against him or her or her. The lawyer must return money improperly received.

CHAPTER V:

PROFESSIONAL TRAINING CENTER ACCESS TO THE PROFESSION

 Article 8: the Professional Training Center

The Professional Training Center specified in Article 31 is an association consisting of:

The President in office, who is the President and 6 following members:

Article 9: program and examination of the CAPA (certificate of aptitude in the legal profession]

The Professional Training Center defines the substance upon which the CAPA shall be based, as well as the modalities of the examination.

The examination takes place each year in the month of November.

The Council of the Association determines at the beginning the maximum number of lawyers to recruit.

The President shall constitute the jury of examiners, comprised of:

The jury may call upon specialized examiners to correct written tests.

Article 10: transitional measures

Until the graduation of the first licensees in law from the University of Phnom Penh, the recruitment is organized on the basis of the conditions specified by Article 80 of the law and is managed by the jury of examiners of the CAPA defined in Article 9.

The Council of the Association determines the maximum number of candidates to retain.

CHAPTER VI:

ORGANIZATION OF THE INTERNSHIP

 Article 11: organization of the Internship

The internship has a duration of one year which may be extended for one year by decision of the Council of the Association.

The internship must be comprised of complementary training activities organized by the Association which are delegated to the Professional Training Center and a collaboration within a law office.

The internship may take place partially in a foreign law office.

Article 12: Supervising Attorney and Intern

The supervising attorney and the intern sign a collaborative contract (Annex No.3) which shall be submitted to the Council of the Association in conformity with Article 52 of the law.

The supervising attorney is obligated to participate actively in the professional and ethical training of the intern.

The modalities of the internship are freely determined between the supervising attorney and the intern.

The Council of the Association may withdraw approval of a supervising attorney if the requirements of the training do not meet the norms.

Article 13: interruption and completion of the Internship

All interruptions of the internship must be authorized by the President.

In the event of prolonged and repeated interruptions, the President may call the lawyer before the Council of the Association with a view towards his or her deletion from the List of the internship.

The deletion may also be pronounced with respect to the lawyer who does not respect the undertakings of the internship and who does not prove an effective collaboration.

CHAPTER VII:

HANDLING OF FUNDS AND SEQUESTRATION

 

Article 14: Settlement Fund of the Association

In conformity with Articles 70 and 71 of the law, funds arising out of collateral deposits, moneys transferred to winning parties, or sequestration are deposited by the lawyer in a special account opened by the Bar Association of the Kingdom of Cambodia, entitled: "Settlement Fund of the Association."

Article 15: functioning of the Fund

The lawyer deposits funds that he or she has thus received (checks, credit transfers, or cash) in the Settlement Fund of the Association.

He or she indicates only his or her name, the name of his or her client and the case involved (Annex No.4).

In exchange, a receipt (Annex No.5) containing the same information is delivered to him or her or her.

Upon the written demand (Annex No.6) of the lawyer, the fund delivers to his or her beneficiary(ies) the funds which it has held within the framework of a case.

A statement is sent to the lawyer in order to advise him or her of the total hinds remaining available for this case.

The balance of a case cannot be in debit.

Article 16: deduction of fees

The lawyer may not deduct fees from the fluids deposited by his or her client except under the condition of producing a written authorization from his or her client indicating the name of the case and the amount td deduct.

This authorization shall be explicitly communicated by the lawyer to the Settlement Fund of the Association during the request for dispensation of funds.

Article 17: supervision by the President

The President may request of the lawyer a full justification concerning the source and beneficiaries of funds thus deposited.

In the event of difficulties and if a case presents negative balance, the President may initiate disciplinary proceedings.

CHAPTER VIII:

BOOKKEEPING AND CONTROL REQUIREMENTS

 Article 18: bookkeeping requirements

The lawyer must maintain accounting records of his or her professional activities, distinguishing those that relate to the management of his or her office and those undertaken on the account of his or her clients.

The accountability of activities relating to the management of the office is conducted in conformity with legal rules or, that lacking, on a receipt/expense system.

The activities that relate to the payment of fees, charges and expenses performed on behalf of clients are the object of a distinct system of accounting.

Article 19: audits and verification

The President initiates through lawyers whom he or she designates, if necessary in the company by a competent person or certified public accountant, the auditing of the activities for the management of the funds, sequestration and the verification of accounting documentation.

The auditing lawyers are designated each year by the President and are subject to evaluation every 5 years.

The lawyer is required to present his or her accounting records to the designated person. The audits take place at the office of the audited lawyer.

The auditors may require the submission of accounting documents, files, should the occasion arise the personal accounts of the lawyer, and request all possible explanations of the audited lawyer.

Each audit gives rise to a detailed report which is given to the President.

 

ANNEX NO.1

REQUEST FOR LEGAL ASSISTANCE

Applicant:

Date of Request:

Family Name

Given Name

Address

 

Certification of the President of the Court.

Mr./Ms President of the Court affirms the insufficient resources of Mr./Ms

Signature of the President of the Court Date

Certification of Chief Clerk of Court:

Mr./Ms Chief Clerk of the Court affirms the insufficient resources of Mr./Ms

Signature of the Chief Clerk of the Court Date

Designation of the Lawyer

The President of the Bar Association of the Kingdom of Cambodia assigns

to assist Mr./Ms.

in a proceeding (precise nature of the proceeding)

against

 

Certification of the Association Date of designation

Complete in three copies (1 for the requester, (for the lawyer, (for the Association)

 

ANNEX NO.2

REPORT OF LEGAL ASSISTANCE

 

Established by:

../../199.

 

Name of Client

Name of Case

Action

Case Progress

ex: Durand

Durand Dupont

Improper dismissal

2 meetings of 1 hour

Summons delivered

 

 

 

 

 

 

Signature of the lawyer

 

ANNEX NO.3

TYPICAL CONTRACT OF COLLABORATION

BETWEEN

........................, lawyer of the Bar of the Kingdom of Cambodia

OF ONE PART, AND

.........................

OF THE OTHER PART

IT HAS BEEN DECIDED AND AGREED AS FOLLOWS:

Article I

.............., and ............ , conclude between them a contract of collaboration commencing.....................

 

Article II

............, entrusts to ............... the preparation of all files, the conduct of hearings, the pleadings and the execution of all work compatible with the profession.

.............., shall have the opportunity to perform all acts of the profession of the lawyer on his or her own account and to develop his or her own clientele.

Article III

.................puts at the disposal of.............. the premises, library, materials and staff which are necessary to him or her both for the needs of his or her collaboration and for the development of his or her own clientele under the following conditions:

...................shall install a nameplate conforming to the Internal Regulations.

Article IV

.................... shall execute with punctuality the work whose completion shall be entrusted to him or her as if it were his or her own.

He or she may nonetheless request to be relieved of an assignment which would be contrary to his or her conscience. Re or she must take care to make this request within the time limits to allow his or her replacement without prejudice to the office or the client.

He or she shall organize his or her activities in accordance with the business which will be confided in him or her by the office, by his or her own clients, and the activities of the internship.

The personal business of .............. and............... shall be handled with the same care and diligence.

Article 5

..............shall retrocede fees to.............in compensation for his or her collaboration, under the following conditions, the latter making his or her business the social and fiscal charges accruing from his or her activity:

The costs of relocating under the rubric of the collaboration shall be regulated separately according to the following conditions:

Article 6

.................shall advise................of his or her absences.

The dates for foreseeable absences shall be determined by reciprocal accord sufficiently in advance that the two parties shall not be inconvenienced.

Article 7

The present contract for collaboration is of an undetermined duration.

The parties may terminate it with a three-month notice.

However, during the first two months, the parties shall be able to terminate the contract without a period for notice.

............. may remain domiciled at the office of ..............until he or she has notified the Association of the new conditions of practice, within a maximum period of three months. Even after this period, his or her mail normally shall be forwarded to him or her.

Article 8 (internship)

.........undertakes, in return for his or her collaboration, to assure the professional training of .........notably in having him or her participate in a complete way in the activities of his or her office and in contacts with the clientele.

The mandatory activities of the intern shall be privileged.

Article 9

All difficulties arising in the course of the execution, the non-execution or the breach of the present contract shall be submitted to the arbitration of the President.

Completed at .............. in three original documents, [date], of which one shall be returned to the secretariat of the Association.

 

ANNEX NO.4

DEPOSIT FORM

....................has deposited on .../.../ 1996 the sum of ..................

to the account of the Settlement Fund of the Association

concerning the matter of .....................

Date

Signature of the lawyer

 

 

ANNEX NO.5

RECEIPT OF THE ASSOCIATION

The President attests to having received on ../../19..

the sum of ..................

in cash - checks (1)

from ............., Esquire

concerning the matter of....................

Stamp of the Association Date

 

 

(1) strike out the inappropriate item

 

ANNEX NO.6

TRANSFER REQUEST FORM

.................... requests that there be transferred to Mr. / Ms

the sum of ....................

concerning the matter of ..........................

Signature of the lawyer Date