Lawyers in Morocco: the end of "at the client’s discretion" fees? A new law will change everything

– bySaid · 2 min read
Lawyers in Morocco: the end of "at the client's discretion" fees? A new law will change everything

A small revolution is brewing in the courts of the Kingdom. The era of verbal agreements and fees set on the fly is coming to an end. The new draft law No. 66.23 aims to impose a mandatory "written mandate" between the lawyer and his client, marking a complete break with current practices.

The text is clear: transparency will no longer be an option. From now on, before pleading, the lawyer will have to sign a detailed contract with his client. This document will have to specify the identity of the parties, the exact nature of the mission (first instance, appeal, etc.) and above all, the amount of the fees and the payment terms.

The objective of the Ministry of Justice is to put an end to the financial "gray areas" that often poison the relationship of trust and generate thousands of disputes each year.

Another major change for the litigant: the management of funds. The draft law imposes a strict separation between the lawyer’s money and that of his clients (deposits, compensation). A unified institutional system for managing deposits will be set up, under the aegis of a new "Bar Council", to ensure that the sums received are not mixed with the firm’s own funds.

While the government presents this reform as a necessary modernization to align Morocco with international standards and fight money laundering, the pill is hard to swallow for professionals. The professional association has already expressed its rejection of the text.

However, the project also opens new doors, particularly for young lawyers, by facilitating "partnership contracts" and cooperation with foreign firms. It remains to be seen whether this legislative tug-of-war will result in the adoption of the text as it stands.