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Lawyers

How the Nepal Bar Council licenses and disciplines lawyers

Who may practise law in Nepal, what happens when a lawyer breaches the code of conduct, and who confers the title of senior advocate — the main rules of the Nepal Bar Council Act, 1993.

Rows of thick law books on the shelves of a law library
Representative image: Energyme / Wikimedia Commons / CC BY-SA 4.0
In this article
  1. What the Council does
  2. How a lawyer gets a licence
  3. What happens after misconduct
  4. Who makes a senior advocate
  5. What clients can do
  6. Sources

This article is general information, not legal advice for any person or case. Consult a lawyer before acting on your own matter.

To represent another person in a Nepali court, a lawyer needs a licence. Issuing that licence, monitoring lawyers’ conduct and acting on breaches is the job of the Nepal Bar Council (Nepal Kanun Byawasayi Parishad), a statutory regulator set up under the Nepal Bar Council Act, 2050 (1993). It is distinct from the Nepal Bar Association, which is the profession’s own representative body.

The subject is in the news. The Kathmandu Post reported in October that the Supreme Court had formed a three-justice committee led by Justice Sharanga Subedi to draw up new criteria for selecting senior advocates. According to Bar Council data cited by the paper, Nepal has 23,752 licensed advocates and 740 senior advocates, and nearly a third of licensed advocates have not renewed their certificates. (See our report on the senior advocate review.)

What the Council does

Section 8 of the Act sets out the Council’s functions. The main ones are examining people who want to enter the profession, registering qualified candidates and issuing certificates, monitoring lawyers’ conduct, and taking action on complaints about misconduct.

How a lawyer gets a licence

The Council holds a licensing examination with written and oral components. Under Section 17, a Nepali citizen who has passed the examination and has not been convicted of a criminal offence involving moral turpitude may be registered as an advocate (adhivakta) or a pleader (abhivakta), the Act’s two licence grades. An advocate ordinarily needs a bachelor’s degree in law. Once a lawyer is registered, the Council issues a certificate and informs the Supreme Court. (Our explainer on the advocate examination covers the stages in detail.)

Practising without a licence is an offence under Section 25. There are exceptions: government attorneys, parties appearing in their own case, and foreign lawyers permitted by a court in a particular case.

What happens after misconduct

Under Section 11, the Council may form a disciplinary committee chaired by one of its members. The committee hears complaints that a lawyer has breached the Act, the rules or the code of conduct. It has the powers of a court to examine evidence and summon witnesses, and it must give the lawyer an opportunity to defend themselves before acting. The penalties are:

  • Reprimand — a formal warning.
  • Suspension for a fixed period — the lawyer may not practise during that time.
  • Cancellation of the certificate — the lawyer’s name is removed from the register.

A lawyer dissatisfied with a penalty may appeal to the Supreme Court within 35 days of being notified. The Council issues the code of conduct; the Rules of Conduct, 2079 are published on its website.

Who makes a senior advocate

The title of senior advocate is conferred not by the Council but by the Supreme Court, as an honour. Under Section 21, it may be given, with their consent, to an advocate who has practised for at least fifteen years. The Kathmandu Post reported that the current framework has no clear provision for suspending or withdrawing the title for misconduct, and that the new committee is considering one. Nepal Bar Association president Bijay Prasad Mishra has said the title should not be awarded on the basis of political access or personal connections.

What clients can do

A client who believes their lawyer has acted in breach of professional conduct can complain to the Bar Council. Before engaging a lawyer, it is sensible to ask for their licence number and whether it has been renewed. People who cannot afford a lawyer have options for free legal aid.

Sources

Sections are described from the available text of the Act. A Nepal Bar Council (Second Amendment) Bill was passed by the National Assembly, but Nyayapalika has not been able to confirm its authentication or which amended provisions are in force. For fees, deadlines and detailed procedure, check the Council’s official notices.

Primary sources

Other reporting

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Nyayapalika Desk

The Nyayapalika editorial team.