Lawyering in Tunisia: A noble profession
A lawyer is a legal professional whose traditional role is to advise, represent, and defend their clients, whether individuals or legal entities, in court by advocating for their rights.
The new constitution of the Tunisian Republic, dated January 27, 2014, recognizing the essential role of lawyers in their fight for freedoms, has granted them a privileged and significant position.
Article 105 of the constitution provides that the legal profession is free and independent, contributing to the establishment of justice and the defense of rights and liberties.
Lawyers enjoy legal guarantees that ensure their protection and enable them to carry out their duties.
Thus, a lawyer is no longer just an auxiliary of justice but a partner in the establishment of justice.
The legal profession in Tunisia is regulated by Decree-Law No. 79-2011 of August 20, 2011, which organizes the legal profession.
Article 1 of this decree defines the legal profession as a liberal and independent profession that contributes to the establishment of justice and defends freedoms and human rights.
According to Article 2 of this decree, lawyers are exclusively entrusted with the mission to represent parties, regardless of their legal status, to defend, assist, advise them, and to undertake on their behalf all procedures before courts and all judicial, administrative, disciplinary, and regulatory bodies, as well as before the judicial police, in accordance with legislative provisions relating to civil, commercial, tax, and criminal procedures.
Lawyers have exclusive competence in drafting company bylaws, as well as increasing or reducing their capital whenever it involves contributions in real estate or business assets. They are also exclusively competent in drafting contracts and acts of property transfer, without encroaching upon the domain reserved by law for notaries. Acts performed by individuals other than those mentioned above are null and void.
Lawyers may engage in missions of arbitration, mediation, conciliation, escrow, amicable liquidation, as well as being entrusted with mandate contracts, negotiation and representation operations with tax and administrative services, as well as training missions.
They can represent their clients or assist them in general assemblies or in collective management structures in accordance with the provisions stated in the articles of association of commercial companies.
Lawyers registered with the Court of Cassation may be members of the board of directors or supervisory boards of commercial companies.
Within the scope of their competencies, lawyers carry out assignments assigned to them by courts, as well as other judicial or regulatory bodies.
They may also act as sports agents or agents for artists, or as agents in matters of intellectual or industrial property, or undertake trust missions.
Lawyers are free to travel outside their offices and, where necessary, outside Tunisian territory to perform the tasks, if it does not contravene the laws and regulations in force in the respective states.
Ben Slama
Law Firm for Investing in Tunisia
Tunisian legislation pertaining to investment provides numerous opportunities, facilities, and guarantees for investors, with an attractive and recently amended legal framework aimed at introducing more flexibility, openness, and attractiveness for both local and foreign investors.