Running a legal firm without a law degree may soon be a thing of the past. To uphold the integrity of the legal profession, the Bar Council is tightening rules on legal firms operating with trade licenses but without proper law qualifications. The council says efforts are underway to phase out such firms, arguing that limited legal knowledge undermines the standard of practice.
Legal firms offer a range of services, including legal advice, drafting legal documents, representing clients in court, and facilitating mediation or negotiation between disputing parties.
Individuals seeking to open a legal firm must meet strict eligibility criteria, such as a recognised legal qualification approved by the Bar Council, passing the bar examination, and obtaining security clearance to obtain a trade license.
Since 2018, the Bar Council has been considering the need to monitor law firms. Only registered lawyers and paralegals with the Bar Council were issued clearance letters from the office, after which the individuals could apply for trade licenses.
“When we visit other districts, we have received many complaints about individuals who, without clearance from the bar council, are providing legal services after obtaining only a trade license,” said Rinzin Penjor, the vice president of the Bar Council of Bhutan.
He added that these trade licenses were issued with a clearance letter from the Supreme Court after the individuals completed basic training in legal aspects. This practice could impact the standard and integrity of the legal profession in the country.
The vice president said, “We have asked the Department of Trade not to renew licenses for individuals who do not have clearance from the Bar Council, as this would violate the Jabmi Act and could lead to problems. While the Department has agreed and is no longer issuing such licenses, some offices continue to operate, with these individuals conducting business without paying the required taxes.”
Therefore, the Bar Council of Bhutan hopes that the revenue and customs office will join hands to monitor these offices and ensure that all legal firms operate in compliance with the law, including proper licensing and tax obligations.
Meanwhile, the Department of Industry under the Ministry of Industry, Commerce, and Employment has issued over 35 licenses for legal activity or consultancy firms since 2023.
There are around 200 jabmis currently registered with the Council.
The bar council urges the public to seek legal services only from licensed professionals, reinforcing the commitment to uphold the integrity and standards of Bhutan’s legal system.
Kinzang Lhadon
Edited by Tandin Phuntsho
