Oman's New Advocacy and Legal Consultancy Law Introduces Significant Reforms to the Legal Profession

Oman promulgated its new Advocacy and Legal Consultancy Law (Royal Decree No. 41/2024) (the Law), marking a transformative moment for the regulation of legal services within the Sultanate. This long-awaited reform introduces substantial changes that impact both local and international legal practices in Oman. The Law will enter into force in six months, with existing firms given one year to comply with its requirements.

Impact on the Legal Market

The new Law represents a substantial shift in Oman’s legal landscape, particularly in terms of raising the bar for qualification, increasing accountability and opening opportunities for foreign legal entities to enter the Omani market. These changes reflect the government’s broader commitment to enhancing the quality and credibility of legal services in Oman.

Key Changes:

1. Qualification Exams for Advocates
For the first time, the law introduces mandatory written exams for advocates to qualify and advance to different levels of court representation. To progress from a trainee advocate to primary court, court of appeal and the supreme court, passing the corresponding exams is now required. This replaces the previous apprenticeship-based system, ensuring a more standardized process to assess legal capabilities.

2. Opening the Door for International Law Firms
A key feature of the Law is the permission granted to international law firms to establish legal consultancy offices in Oman without the need for a local partner. This marks a significant shift from the prior requirements, which constrained foreign firms’ operations by requiring partnerships with local firms under contractual arrangements. This move is expected to boost foreign investment and enhance the quality, competition and diversity of legal consultancy services in Oman.

3. Separation of Advocacy and Legal Consultancy
The legal profession in Oman will now be divided into two distinct categories:

• Advocacy Offices: Licensed to engage in litigation, legal advice, contract drafting, and company formation.
• Legal Consultancy Offices: Authorized to provide legal advice, draft contracts, and handle company formation procedures.

Advocates must be Omani nationals, while both Omani and foreign lawyers can serve as legal consultants, subject to registration with the Ministry of Justice and Legal Affairs (MJLA). The requirement for non-advocates to formally register with the MJLA is a new development under the Law.

Key Provisions Impacting Legal Professionals:

1. Regulation of Legal Consultants
As mentioned above, all lawyers, whether advocates or legal consultants, must now register with the MJLA. The law emphasizes regulatory oversight, with foreign legal consultants also required to register. The specific qualifications and requirements for legal consultants will be further detailed in the forthcoming executive regulations.

2. New Code of Conduct for Legal Consultants

A new code of conduct will be issued for legal consultants, different than that for advocates.

3. Professional Indemnity Insurance Requirements
All law firms—both advocacy and legal consultancy—must maintain professional indemnity insurance, ensuring greater client protection and professional accountability.

4. Qualification Periods Reduced

Under the Law, the time required to transition from the primary court to the court of appeal has been shortened from five years to three years. Similarly, the period necessary to move from the courts of appeal to the supreme court has been reduced from seven years to five years.

5. Pro Bono Work and Ethical Obligations
The Law imposes formal obligations on firms engaging in pro bono work and restricts their marketing practices.

CMS Oman is committed to keeping pace with these developments, equipping our clients and lawyers with the knowledge and insights needed to successfully navigate the evolving legal landscape.