Article 1
Advocacy in the Republic of Albania is a free, independent, self-regulated and self-directed profession.

Article 2
The lawyer provides legal assistance through:

• Legal advice on various issues;
• Preparation of claims or requests during criminal proceedings, as well as appeal requests, recourses against court decisions, those of the prosecution body, arbitration or public administration bodies;
• Preparation of requests addressed to the Court of Appeal, the Constitutional Court, international courts and any organization to which the Republic of Albania adheres
• Preparation of complaints and requests of natural or legal persons
• Compilation of acts subject to notarial actions;
• Drafting of contracts and agreements, as well as any other document that brings or intends to bring legal consequences;
• Presence as a defender at the time of escorting, detention, arrest, during the process of investigation, judicial examination of persons in criminal cases;
• Representation of natural or legal persons in civil and administrative matters, in court, in arbitration and in other public administration bodies;
• Other actions of legal aid that are provided by law.

Article 3
(point 1 amended by law no. 9795, dated 23.7.2007)

The lawyer practices his profession individually or in cooperation with other lawyers, after he has been provided with the permit to practice the profession and has been registered with the tax authorities.
Lawyers can be organized in law offices, which are registered with the tax authorities.
A lawyer cannot be a member of more than one law firm.

Article 4
A lawyer, while practicing his profession, cannot be, at the same time, a judge, prosecutor, notary, civil servant or employee of the public administration.

Article 5
(Added para. II in point 1 by Law No. No. 9795, dated 23.7.2007)

The lawyer can practice his profession throughout the territory of the Republic of Albania and before any court, prosecution or public administration body.
In any case, the lawyer, in the practice of the profession, is identified with the number of the permit to practice the profession, as well as his fiscal code or that of the law office where he belongs.
The lawyer can practice his profession even outside the territory of the Republic of Albania, in accordance with the law of the state where legal aid is provided.

Article 6

• The lawyer, in the exercise of his profession, has the right to request from public administration institutions, in accordance with the law, explanations, data and documents related to the case or the person represented or defended by him.
• Public administration institutions, according to the competence and legal procedures that regulate their activity, are obliged to fulfill the demands of the lawyer.
• In case of non-fulfillment of the obligation of public administration institutions or other non-public entities, the lawyer has the right to submit within 5 days to the court the request for the fulfillment of the obligation through a judicial decision.

Article 7

• The lawyer has the right to meet the person protected by him, privately and without time limit, in any state of restriction of personal freedom. The competent bodies have the right to supervise the meeting between the lawyer and the protected person, but, in any case, they are forbidden to listen to the conversation between them.
• The prosecution body, the court, the prison administration and the State Police are obliged to ensure the presence of the lawyer, when the person protected by him, detained, arrested or who is serving the sentence, requests it. In all cases, the presence of the lawyer must be ensured immediately.
• The lawyer does not have the right to request and offer legal assistance to a detained or arrested person, without the latter's request.

Article 8
The lawyer has the right, in accordance with the investigative procedures, to participate in the process, to question the person protected by him, witnesses and experts, to read and recognize at the end of the investigation all acts and documents that are related to the case and sign them.

Article 9

• The lawyer has the duty to exercise his profession with honesty and dignity, to respect the rules of professional ethics and to use all the legal means for the faithful protection of the rights and interests of the persons who are protected or represented by him.
• The lawyer must ensure that no conflict of interest exists between him and the person he defends or represents.
• The lawyer is forbidden to make public the data that he has learned through the person protected or represented by him or from the documents that the latter has made available to him, in function of the requested protection, except for the case when he has given his written approval.
• The lawyer is forbidden to make a report to the criminal prosecution body and cannot be questioned as a witness about the person to whom he has provided legal services and assistance, as well as about circumstances that he has learned while practicing the profession of lawyer.
• A lawyer is prohibited from participating in a case, when he has previously been assigned to it as a judge, prosecutor, Judicial Police officer or as a witness.
• A lawyer is not allowed to provide legal assistance or represent a person, when he has previously advised or represented the opposing party in the same case, or when the lawyer is related by blood or has the same interest as the opposing party.
• Lawyers, serving in the same law office, are not allowed to represent opposing parties in the same case.
• Lawyers, who practice their profession under the same law office, are presumed to be aware of and possess the documents for anyone who has been defended or represented by their office.
• Except for the cases provided above in this article, the lawyer is obliged to ensure that he does not act in conflict with the interests of the person who is protected or represented by him. When the lawyer suspects that he is acting in a conflict of interest, he must obtain written approval from the parties who are believed to be affected by this conflict of interest.

Article 10
Lawyers, in accordance with the standard documentation, approved by the Governing Council of the National Chamber of Advocacy, must keep a notebook where all legal services provided, contracts, in writing, using the numerical system, their name, as well as the name of the law office.

Article 11

• The lawyer's remuneration for the work performed is determined in one of the following ways:

• By agreement between him and the party protected or represented by him.
• By the court or the prosecution, when it is mainly appointed or when the protected or represented person does not have financial means and the legal aid for him is free.
  The amount of remuneration for these cases is determined by a joint decision of the Minister of Justice and the Governing Council of the National Chamber of Advocacy.
• By law.

In all cases, the lawyer is not allowed to receive any other remuneration.

Article 12

• The lawyer cannot ask the person he defends or represents to be rewarded by him with a percentage during the trial process.
• The percentage fee, pre-calculated or not, can be paid only when it is provided for in the agreement between the lawyer and the person he defends or represents, for the case of successful defense or representation of the case.
• The lawyer is allowed to be paid with a commission in cases where he ensures the return of the loan for the person who is defended or represented by him extrajudicially.

Article 13

• If the lawyer decides to give up further representation or protection of a person, he is obliged to notify him 15 days before the end of his service.
• The lawyer is obliged to serve his client during the 15-day period before the end of the service and to notify him of any information about any amount of money, property or compensation that the lawyer holds for the client.
• Within 15 days of the notification, the lawyer must return all documents related to the case to the client or send them to the address indicated by the newly assigned lawyer. Also, the lawyer is obliged to return to the client the advance payment received from him, unless they mutually agree otherwise.

Article 14
If the person, who receives legal assistance from the lawyer, decides to terminate the contract before the end of the case or service, the lawyer has the right to request remuneration for the work performed.

Article 15
The lawyer has the right to transfer from one bar to another bar, as long as he pays the corresponding membership fees. In this case he must obtain an approval, both from the chamber he is leaving and from the chamber where he wishes to become a member.

Article 16

• The lawyer, mainly or because of the law, must temporarily give up the exercise of his profession, as long as he is in a working relationship with the public administration.
• For all the cases indicated in point 1 of this article, the lawyer must notify in writing the chamber of lawyers he belongs to.
• In case of termination of practicing the profession of lawyer due to reasons of age or health, if he does not exercise another activity, the lawyer has the right to be a member of the bar association, as well as to participate in the activities organized by it.

Article 17

• The National Chamber of Advocacy is a legal entity that exercises its activity independently of the state.
• The National Chamber of Advocacy is responsible for the regulation and control of practicing the profession of lawyer in the Republic of Albania.
• The detailed rules of organization and operation of the National Chamber of Advocacy are provided in its statute.
• The National Bar Association is responsible for the establishment of bar associations. The minimum number of lawyers who can form a bar association is set in the Statute of the National Bar Association.
• Each lawyer can be a member of only one bar association. Each Chamber is composed of lawyers, who are its members and who practice or have practiced for the last time the profession of lawyer in its jurisdiction.
• Each bar association exercises its activity independently, respecting the rules provided in the law and in the statute and other decisions, approved by the National Bar Association.

Article 18
The governing bodies of the National Bar Association and the bar associations are, respectively, the General Council and the Governing Council.

Article 19

• The highest representation and decision-making body of the National Bar Association is the General Council.
• The General Council of the National Chamber of Advocacy consists of no less than one representative chosen for this purpose by each chamber of advocacy, according to the statute.
• The General Council of the National Bar Association exercises the following powers:
  • Approves the Statute of the National Bar Association
  • Approves the "Lawyer's Code of Ethics";
  • Determines, based on the criteria of seniority in the profession of lawyer, demonstrated professional skills and special professional and academic education and after consultations with the Minister of Justice, the list of lawyers who can practice their profession before the courts of the first degree first and appeal, as well as in the Supreme Court and the Constitutional Court. The most detailed criteria for this selection are defined in the Statute of the National Chamber of Advocacy
  • It elects no less than 5 of its members to the Governing Council of the National Chamber of Advocacy;
  • Determines the contribution that the advocacy chambers pour into the National Chamber of Advocacy;
  • Examines and approves the annual accounts and budget of the National Bar Association
  • Analyzes the activity of the chambers of advocacy, if it is in accordance with this law and with the Statute of the National Chamber of Advocacy
  • Assists and coordinates the activities of the bar chambers, in order to guarantee the protection of the rights and interests of lawyers, as well as of the bar chambers
  • Approves the general rules for conducting the qualification exam for practicing the profession of lawyer;
  • approves the rules and conditions that must be met by assistants in the internship period for lawyers, as well as for their professional training.
• The decisions of the General Council of the National Chamber of Advocacy, for the approval of the acts provided for in the letters "a", "b" and "c" of point 3 of this article, are called approved when no less than two have voted for them thirds of all its members.

Article 20

• The Governing Council of the National Chamber of Advocacy, in its first meeting, elects its Chairman, Vice-Chairman and General Secretary with the majority of votes of all members.
• More detailed rules for the organization and operation of the supporting administration of the Governing Council are set out in the statute.
• The Governing Council of the National Bar Association exercises the following powers:
  • Summons the General Council of the National Chamber of Advocacy;
  • Prepares the Statute of the National Bar Association;
  • Prepares the "Lawyer's Code of Ethics";
  • Represents the National Chamber of Advocacy in third party relations, according to the rules specified in the statute;
  • Prepares the annual accounts for review and approval by the General Council of the National Bar Association;
  • Examines and approves requests for permission to practice the profession of lawyer;
  • Revokes with or without a deadline, or withdraws the license to practice the profession of lawyer, in accordance with the law and the Statute of the National Chamber of Advocacy;
  • takes measures for the continuous follow-up of the implementation of the decisions taken by the General Council of the National Chamber of Advocacy.

Article 21

• The general council of each bar association has the following powers:

• It elects its representatives to the General Council of the National Chamber of Advocacy, in accordance with the maximum number of participants, decided by the latter.
• Elect the members of the Governing Council, the chairman and the secretary of the chamber.
• Examines and analyzes the work progress and professional training of lawyers and assistants, who are part of the lawyer's room.
• It promotes among its members the protection and respect of human rights and fundamental freedoms, the law, the statute and the "Lawyer's Code of Ethics".
• Represents and protects the interests of its members.
• Examines and, if approved, approves the decisions made by the Governing Council of the Bar Association.
• It keeps the register of members who practice or have practiced the profession of lawyer in that jurisdiction, as well as notifies the National Chamber of Advocacy and the Ministry of Justice of any change in its composition.

Article 22

• The Governing Council of the Bar Association exercises the following powers:

• Convenes the general meeting of the bar association.
• prepares the annual accounts every year, for review and approval by the General Council.
• Handles every request for membership and, if necessary, recommends to the National Chamber of Advocacy the granting of a permit to practice the profession of lawyer.
• examines and approves the statute of law offices, which are located in its jurisdiction, when it assesses its compatibility with the law and the rules approved by the General Council of the National Chamber of Advocacy.
• Designates, with their consent, the lawyer or law office where the intern will fulfill his obligations.
• Appoints a lawyer to follow court cases, when requested by the court.
• Appoints a lawyer to take over cases that have been abandoned by a previous lawyer and the client has not been able to find another.
• Examines complaints against assistant attorneys practicing in their jurisdiction, as well as takes disciplinary measures deemed appropriate, in accordance with the law, the "Lawyer's Code of Ethics" and the statute of the Bar Association itself.
• Performs other duties provided for in the statute of the bar association or assigned by its General Council.

Article 23

• The Chamber may open a bank account in a bank, which is licensed to carry out banking business in the Republic of Albania, to hold the money of various clients of the lawyers who are members of the Chamber, as bank guarantees for matters that foresee large payments.
• The withdrawal of amounts from that account must be carried out with two signatures, one of which must be from the chairman, vice-chairman or general secretary of the chamber and the other signature must be from the respective client. The bank interest gained from this operation must pass to the chamber.

HEAD V
CONDITIONS FOR EXERCISE OF THE LAWYER PROFESSION

Article 25
(letter "ë" added by law no. 9795, dated 23.7.2007)

• Any Albanian citizen who meets the following conditions can exercise the profession of lawyer in the Republic of Albania:

• To have completed higher legal education within the country or abroad, but united with it.
• To be registered in a bar and in the Ministry of Justice as an assistant to a lawyer, to have completed the one-year internship period and to have received the positive opinion of the lawyer.
• To have received more than 50 percent of the points in the qualification exam for practicing the profession of lawyer.
• To enjoy moral and civic integrity, to protect human rights and fundamental freedoms, as well as to meet the ethical requirements for practicing the profession of lawyer.
• Not to have been convicted for criminal offenses committed intentionally, according to the provisions of the "Lawyer's Code of Ethics".
• Not to be a participant in public or private relationships or activities, which, according to the law, the Statute of the National Chamber of Advocacy and the "Lawyer's Code of Ethics", are incompatible or inappropriate with the figure and practice of the lawyer's profession.
• To be a member of the bar association in whose jurisdiction his work office is located.
• To be equipped with a permit to practice the profession of lawyer and to be registered with the tax authorities.

Article 26

• The qualification exam for practicing the profession of lawyer takes place before a commission with the following composition:
  • Three members appointed by the Governing Council of the National Bar Association.
  • A member appointed by the Minister of Justice.
  • A designated member among the academic staff of the School of Magistracy.
• The rules of operation, the number of lawyer candidates, as well as the way the exam will be conducted, are decided on a case-by-case basis by the Governing Council of the Bar Association.

Article 27

• The Governing Council of the National Chamber of Advocacy, primarily or at the request of the person seeking to practice the profession of lawyer, has the right to exempt him from the obligation to participate in the qualification exam, if it is decided by the majority of secret votes of all its members.
• Exemption from the obligation to participate in the qualification exam for practicing the profession of lawyer is based on their duration in the practice of the profession of lawyer, the demonstrated professional skills and special professional and academic education. Detailed rules for the conditions and criteria for exemption from the qualification exam are determined by the Statute of the National Chamber of Advocacy.
• The decision on the exemption from the obligation, for giving the qualification exam for practicing the profession of lawyer, is approved by the Minister of Justice.

Article 28
Persons who have worked for no less than 2 years as judges, prosecutors, notaries, as well as for no less than 3 years in the position of manager, adviser or specialist of the legal-professional structures of the Presidency, the Assembly, the Constitutional Court, the Supreme Court, the apparatus of the Council of Ministers, the Ministry of Justice, the lawyers of the structures of the State Bar, as well as that of the internal academic staff of legal subjects in higher schools, are exempted from fulfilling the obligation provided for in letter "b" point 1 of Article 25 of this law.

Article 29

• The lawyer has the right to have one or more assistants.
• The assistants are selected by the lawyer himself from among persons who have graduated in law, who have not received the permit to practice the profession of lawyer.
• The lawyer has the duty to, within 15 days of establishing the working relationship with the assistant, deposit his documentation for registration in the bar association where he is a member, in the National Bar Association, as well as in the Ministry of Justice.
• With the written authorization of the lawyer and, whenever, with the written consent of the client, the assistant represents or defends the interested parties in the investigative period, in the trial of criminal misdemeanors and in the preparatory sessions for civil cases.

Article 30

• The request for practicing the profession of lawyer is addressed, as a rule, to the bar association where the applicant has his residence.
• The Chamber of Advocacy, within 30 days of receiving the request to practice the profession of lawyer, must consider the request and, together with its opinion, forward it to the Governing Council of the National Chamber of Advocacy.
• The Governing Council of the National Chamber of Advocacy, within 30 days of receiving the request, must notify the applicant if he meets the conditions to participate in the qualification exam, as well as the day set for its conduct.

Article 31

• The Governing Council of the National Chamber of Advocacy announces the dates of the qualification exams for practicing the profession of lawyer for that calendar year.
• The Governing Council of the National Chamber of Advocacy, within the month of January of each year, also approves its representatives in the commission of the qualification examination for practicing the profession of lawyer.

Article 32
If the lawyer candidate does not manage to accumulate the minimum necessary qualifying points for practicing the profession of lawyer, he can take part in the qualifying exam again, provided he completes another six months of internship as an assistant to a lawyer .

Article 33

• The Disciplinary Committee of the National Chamber of Advocacy, primarily or upon the proposal of the Chamber of Advocates, judicial bodies, the prosecution, the Minister of Justice or interested persons, is the competent body for revoking the license to practice the profession of lawyer.
  The Disciplinary Committee of the National Chamber of Advocacy is responsible and controlled by the Governing Council of the National Chamber of Advocacy, according to the rules defined in the statute or by it itself.
• Detailed rules for the composition and functioning of the Disciplinary Committee and the special disciplinary commissions of the National Chamber of Advocacy are set out in the statute.
• The permit to practice the profession of lawyer is revoked, when one of the following cases is proven:
  • It was issued in violation of the conditions provided for in Article 25 of this law.
  • It is proven that the lawyer used forged documents to obtain the permit to practice the profession of lawyer.
  • Suffers from an illness, mental illness or physical impairment, which makes the normal exercise of the profession impossible.
  • He was declared bankrupt.
  • He has not paid the membership fee.
  • Has seriously or repeatedly violated the rules for practicing the profession of lawyer.
  • He was convicted by the court for committing the criminal offenses, intentionally, which are provided for in the "Lawyer's Code of Ethics".
• For foreign lawyers, except for the cases provided for above in this article, the removal of the special permit to practice the profession of lawyer in the Republic of Albania is also done in the case when he has been revoked the permit to practice the profession of lawyer in the state of his.
• Repealed by Law No. 10 047, dated 24.12.2008
• The lawyer who has been subject to disciplinary proceedings has the right to participate and be heard by the disciplinary commission, personally or through a representative designated by him, among lawyers.
• The representative lawyer must be present during the entire period of consideration of the case.
• Repealed by Law No. 10 047, dated 24.12.2008

CHAPTER VI
REGISTERS OF THE NATIONAL BAR CHAMBER

Article 34
(added the letter "ë" in point 2 by law no. 10 047, dated 24.12.2008)

• The National Chamber of Advocacy and the Ministry of Justice keep with them the register of all lawyers, as well as administer the relevant documentation related to the right to exercise the profession of lawyer.
• The register of lawyers, for each of them, contains the following data:
  • Identity.
  • The date of birth.
  • The high school where the lawyer graduated as a lawyer.
  • Scientific titles and degrees.
  • The level of knowledge in foreign languages.
  • The bar association where he is a member, in whose jurisdiction, as a rule, the lawyer practices his profession.
  • The address of his office or the address and name of the law firm, if the lawyer is a member thereof.
  • data on breach of discipline.
  • Copy of the lawyer's or law office's seal. The seal must be unique and must contain the title "Lawyer" and the identity of the lawyer or law firm. The Governing Council of the National Chamber of Advocacy determines the form, content, procedure of their preparation and distribution.
• The General Council of the National Chamber of Advocacy has the power to decide that, in addition to the data indicated in point 2 of this article, other data should also be reflected in the lawyers' register.
• The Chamber of Advocacy, for its jurisdiction, maintains the register of lawyers and relevant documentation, according to the list of data indicated in this article.

Article 35

• The National Bar Association, the bar associations for its jurisdiction, as well as the Ministry of Justice, keep the register of assistants, as well as administer the relevant documentation for the exercise of their activity.
• The register of assistants, for each of them, contains the following data:
  • Identity.
  • The date of birth.
  • The high school where the lawyer graduated as a lawyer.
  • Scientific titles and degrees.
  • The level of knowledge in foreign languages.
  • The date of the beginning and end of the internship period, necessary for the acceptance of his participation in the qualification exam, for practicing the profession of lawyer.
  • Qualification exam dates, if not qualified.
  • The name and address of the lawyer, with whom he exercises his activity as an assistant.
• The General Council of the National Chamber of Advocacy has the power to decide that, in addition to the data indicated in point 2 of this article, other data should also be reflected in the register of assistants.

CHAPTER VII
FOREIGN LAWYER

Article 36

• A foreign citizen may practice the profession of lawyer in the Republic of Albania if he meets the conditions provided for in this law for Albanian citizens and after passing the qualification exam in the Albanian language.
• The rules for granting permission to practice the profession of a foreign lawyer are determined by the National Chamber of Advocacy.

CHAPTER VIII
COMPLAINTS AND DISCIPLINARY PROCEDURES
(the title of the chapter was changed by law no. 10 047, dated 24.12.2008)

CHAPTER VIII
DISCIPLINARY PROCEDURE OF LAWYERS

Article 37
(Amended by Law No. 10 047, dated 24.12.2008)

The entities defined in point 1 of article 39 submit a complaint for:

1. a) "Unprofessional behavior of the lawyer", which includes actions contrary to legal or bylaw provisions, as well as those of the Code of Ethics.
2. b) "Inappropriate professional services", which includes actions or omissions towards the representative, which are clearly below the level of his expectation for a lawyer

Article 38

1. The lawyer is subject to disciplinary proceedings if:
2. a) acted contrary to the established rules:
3.     in the legal and by-law provisions that regulate the lawyer's profession;
4.     in the provisions of the "Lawyer's Code of Ethics";

      iii. from the National Bar Association and bar associations;

1.     in tax legislation;
2. b) has acted contrary to the legal procedural provisions that regulate the activity of the lawyer, severely or repeatedly violating the regular legal process;
3. c) has committed serious acts and behaviors that seriously discredit the position and figure of the lawyer.

2. In case of criminal proceedings, arising from the same circumstances as the circumstances leading to disciplinary proceedings, the disciplinary proceedings are suspended and the time limit is postponed until the end of the criminal proceedings and any criminal punishment is accepted in the disciplinary proceedings.

Article 39

1. Complaints against the lawyer may be submitted by:
2. a) any person who is protected, represented or legally assisted by him;
3. b) any interested person who claims to have been harmed by the lawyer's behavior or actions;
4. c) governing bodies of bar associations; ç) another lawyer;
5. d) Minister of Justice;
6. dh) judges and prosecutors;
7. e) tax authorities;

ë) any other state body, provided by law.

2. Complaints can be filed within 6 months from the date of the lawyer's behavior or action or from the date of ascertainment of the lawyer's behavior or action, but, in any case, no later than 1 year from the moment the violation was committed. After the expiry of this deadline, the complainant has the right to ask the Complaints Commissioner for reinstatement within the deadline, in accordance with the provisions of the Code of Civil Procedure.
3. The time limit for the completion of the disciplinary process is 3 months from the date of filing the complaint. This term can be extended with the written consent of the complainant and the lawyer or by the Complaints Commissioner himself, when there are reasonable grounds, for a period not exceeding 6 months from the date of filing the complaint.

Article 40

1. Complaints about any behavior or actions of the lawyer are addressed to the President of the National Chamber of Advocacy, who forwards the complaint to the Commissioner of Complaints within 5 days, notifying the complainant about this.
2. If the President of the National Chamber of Advocacy does not forward the complaint within the deadline defined in point 1 of this article, the complainant has the right to submit it to the Complaints Commissioner.

Article 41

1. The Complaints Commissioner is appointed by the Governing Council of the National Chamber of Advocacy, a person with high moral and professional integrity. The criteria for appointment and dismissal, status, as well as the manner of exercising his responsibilities are defined in the statute of the National Chamber of Advocacy.
2. The Complaints Commissioner is responsible for initiating disciplinary proceedings, as well as for reviewing and investigating the complaint submitted, within 20 days from the moment the complaint is registered. At the end of the investigations, he prepares a detailed report for the appeal to the disciplinary committee. For the appeal to be passed to the disciplinary committee, the Appeals Commissioner notifies both the appellant and the lawyer who is the subject of the appeal.
3. The Complaints Commissioner exercises the following responsibilities:
4. a) informs and helps the complainant during the process of preparing the complaint;
5. b) registers and verifies the complaint for meeting the criteria provided for in points 1 and 2 of article 39 of this law;
6. c) rejects appeals that do not meet the criteria provided for in points 1 and 2 of Article 39 of this law;

ç) informs the complainant about the non-acceptance of the appeal, as well as the right to file an appeal against the decision of non-acceptance before the disciplinary committee;

1. d) requests from the lawyer who is the subject of the appeal written explanations regarding the appeal, within 15 days from the date of notification;
2. dh) presents the relation for the complaint to the disciplinary committee, notifying the complainant about this;
3. e) reports before the disciplinary committee, whenever requested by this committee;

ë) fulfills his duties, in accordance with the legislation in force and the statute of the National Chamber of Advocacy.

4. If the Complaints Commissioner does not respect the deadline defined in point 2 of this article, the complainant or, in the case of a judge complainant, the Minister of Justice, has the right to submit the complaint, within 15 days from the expiry of the deadline, directly to the disciplinary committee, who, after verifying the violation of the deadlines, designates one of its members as the relator of the case. He exercises, to the extent possible, the responsibilities of the Complaints Commissioner and does not participate in the final vote of the commission.
5. Against the decision of the Commissioner of Appeals, the appellant or, in the case of a judge appellant, the Minister of Justice, has the right to file an appeal, within 15 days from the date of notification of the decision, to the disciplinary committee.

Article 42

1. The disciplinary committee is a collegial body composed of:
2. a) 6 lawyers, who are elected by secret ballot from the membership of the General Council of the National Chamber of Advocacy;
3. b) a representative, appointed by decision of the High Council of Justice;
4. c) a representative of the Ministry of Justice;

ç) a representative of civil society or the academic world, elected according to the rules defined in the statute.

2. The chairman of the disciplinary committee is elected by the Governing Council of the National Chamber of Advocacy from among the members defined in letter "a" of point 1 of this article, for a two-year term, while its members are elected for a five-year term, with the right to re-election.
3. The disciplinary committee exercises the following responsibilities:
4. a) reviews the decisions of the Complaints Commissioner, deciding on:
5. i) accepting the complaint and taking the disciplinary measure against the lawyer;
6. ii) rejection of the complaint;
7. b) in case he decides to accept the complaint rejected by the Complaints Commissioner and the initiation of the review of the submitted complaint, he appoints three of his members to exercise the functions of the Complaints Commissioner.
8. The disciplinary committee holds meetings when the majority of its members are present.
9. The disciplinary committee examines and makes a decision on the appeal within 30 days from the date the appeal was submitted or sent to it. The decisions of the disciplinary committee are taken by majority vote of the members present at the meeting, must be reasoned and notified to the complainant and the lawyer against whom the complaint was filed.
10. If the disciplinary committee does not respect the deadline set in point 3 of this article, the complainant has the right to submit the complaint, within 15 days from the date of expiry of the deadline, directly to the competent court that has the power to compel the disciplinary committee to perform its duties and delay time.
11. Against the decision of the disciplinary committee, the appellant and the lawyer, who is the subject of the appeal, have the right to submit an appeal, within 30 days from the date of notification of the decision, to the competent court for the resolution of administrative disputes.
12. The detailed rules of the disciplinary process, the functioning of the disciplinary committee, the manner of exercising its responsibilities, as well as the remuneration of its members are defined in the statute of the National Chamber of Advocacy.

Article 43

1. The competent court examines appeals against the decisions of the disciplinary committee or appeals for disciplinary proceedings of lawyers, in the case provided for in point 7 of article 42 of this law, according to the deadlines for examining administrative disputes.
2. During the exercise of responsibilities, according to this article, the court applies the provisions of the legislation in force for the review of administrative disputes, the Code of Civil Procedure, as well as, as far as possible, the rules defined in this law.

Article 44

1. Disciplinary measures are justified and taken according to a transparent procedure and in accordance with the right to due process of law, which guarantees the right to be informed, to request clarifications about the facts, to be heard and to be protect.
2. The parties in the disciplinary proceedings have the right to appear and give explanations at the hearing, by themselves or through defense and representation with a lawyer. If one or both parties do not appear at the session, without reasonable reasons, the Disciplinary Committee of the National Chamber of Advocacy examines the case and makes a decision in their absence.
3. Explanations of the parties and testimony at the hearing may be given orally or in writing.
4. The lawyer, to whom the complaint/request was submitted, must present, in writing, his arguments for the complaint/request within 15 days from the date of receipt of the notification. Failure to present claims by the lawyer does not constitute a reason for not continuing the disciplinary proceedings.
5. The Disciplinary Committee of the National Chamber of Advocacy accepts the testimonies and documents presented before it, with the quality of evidence, and evaluates them according to the conviction formed, after examining them in their entirety.
6. In complicated cases, the Appeals Commissioner calls a lawyer to co-represent the case against the lawyer before the disciplinary committee.

Article 45

1. Disciplinary measures are given based on the nature and seriousness of the violation. The decision may provide for a measure consisting of two or more types of disciplinary measures, if this is appropriate and proportionate to the violation.
2. For violations that are classified as unprofessional behavior, the disciplinary committee gives one of the following disciplinary measures:
3. a) removal of the right to exercise the profession of lawyer;
4. b) suspension of the permit to practice the profession of lawyer, for a period of 3 months to 2 years;
5. c) fine from 5,000 to 50,000 ALL;

ç) refunding the payment or canceling the service payment to the representative;

1. d) ordering the lawyer to take an exam, within a certain period, related to professional ethics, according to the rules defined in the statute of the National Chamber of Advocacy;
2. dh) ordering the lawyer to do additional ongoing training, including training in a specific field of law;
3. e) written notice;

ë) advice on how to behave in the right way in the future;

1. f) order to apologize in writing to the complainant.
2. For violations that are classified as inappropriate professional service, the disciplinary committee gives one of the following disciplinary measures:
3. a) order to publicly apologize to the complainant;
4. b) refund of payment or cancellation of service payment to the representative;
5. c) payment of compensation for the complainant up to the value of 100,000 ALL;

ç) ordering the lawyer to do additional ongoing training, including training in a specific field of law.

4. The decisions of the disciplinary committee, which have become final, constitute executive titles. The rules for the execution of disciplinary measures, as well as for the supervision of their execution, are defined in the statute of the National Chamber of Advocacy.

Article 46

1. The Disciplinary Committee of the National Chamber of Advocacy, primarily or upon the proposal of the Chamber of Advocates, judicial bodies, the prosecution, the Minister of Justice or interested persons and in accordance with Article 44 of this law, has the authority to revoke the permit to practice the profession of the lawyer, when one of the following cases is proven:
2. a) the permit was issued in violation of the conditions provided for in Article 25 of this law;
3. b) the lawyer used forged documents to obtain the permit to practice the profession of lawyer;
4. c) the lawyer suffers from an illness, mental illness or physical damage, which make the normal exercise of the profession impossible;

ç) the lawyer has been declared bankrupt;

1. d) the lawyer has not paid the membership fee;
2. dh) the lawyer has seriously or repeatedly violated the rules for practicing the profession of lawyer;
3. e) the lawyer has been convicted by the court for committing a criminal offense, with the exception of some criminal offenses that do not have a high social risk, according to the provisions in the "Lawyer's Code of Ethics".
4. For foreign lawyers, as defined in point 2 of article 36, except for the cases provided for above in this article, the removal of the special permit to practice the profession of lawyer in the Republic of Albania is also done in the case when he has been revoked practicing the profession of lawyer in his country.

Article 46/1

1. When, at the end of the disciplinary process, the disciplinary committee declares the lawyer guilty, in addition to the disciplinary measures provided for in this law, it may order the lawyer to:
2. a) undertake all necessary measures to solve the problem in question;
3. b) to compensate the damage caused to the complainant or other parties damaged by his actions or omissions, to the extent deemed fair by the disciplinary committee.
4. The disciplinary committee orders the lawyer declared guilty to pay the costs of the parties and the National Chamber of Advocacy for handling the disciplinary case against him. The calculation of expenses is done according to the rules determined by the decision of the Governing Council of the National Chamber of Advocacy.

Article 46/2

The National Chamber of Advocacy records the decisions on the assignment of disciplinary measures in the register of disciplinary measures of lawyers and notifies the Ministry of Justice of these decisions.

Article 46/3

If the measure to remove or suspend the right to exercise the profession of lawyer is taken against a lawyer, according to article 45 or 46, the lawyer has the right, within 15 days, to appeal the decision before the court. The appeal does not suspend the decision on the removal or suspension of the right to practice the profession of lawyer, except in cases where the suspension is ordered by the court."

Article 15

In Article 48, points 2 and 3 are repealed.

Article 16

After Article 48, Article 48/1 is added with the following content:

Article 48/1

1. Requests/complaints for the initiation of disciplinary proceedings against a lawyer, which were submitted before the entry into force of this law and for which no decision has been given, are recorded by the President of the National Chamber of Advocacy and sent to the Complaints Commissioner within 15 days of appointment his. These requests/complaints are reviewed according to the procedures defined in this law and are considered as submitted on the date of their filing with the Complaints Commissioner.
2. The National Chamber of Advocacy, within 3 months from the entry into force of this law, takes measures to change its statute, as well as the approval of by-laws, in accordance with the provisions of this law.
3. The new disciplinary bodies, defined in this law, are elected or appointed within 3 months from the entry into force of this law. The Minister of Justice and the Supreme Council of Justice shall notify the National Bar Association of their representatives in the disciplinary bodies within 3 months from the entry into force of this law.
4. The rules defined in this law for the training program for lawyer candidates and the continuing training program for lawyers start to be implemented within 1 year from the entry into force of this law.
5. The requirement for the insurance contract, defined in point 11 of article 9, applies from January 1, 2014.

Article 17

This law enters into force 15 days after its publication in the Official Gazette.

Approved on 27.9.2012

Promulgated by decree no. 7792, dated 15.10.2012 of the President of the Republic of Albania, Bujar Nishani

CHAPTER IX
TRANSITIONAL AND FINAL PROVISIONS

Article 48
(point 4 added by law no. 10 047, dated 24.12.2008)

• The Ministry of Justice ensures that the legal profession is exercised normally and in accordance with the law.
• The detailed rules for exercising the profession of lawyer, in accordance with this law, are set in the statute and in the "Lawyer's Code of Ethics", approved by the General Council of the National Chamber of Advocacy.
• The Minister of Justice and the Governing Council of the National Chamber of Advocacy, after receiving the opinion of the Ministry of Finance, determine the remuneration rates of lawyers for the provision of legal aid.
• The Minister of Justice and the Governing Council of the National Chamber of Advocacy determine by joint decision the expenses for the registration of candidates for lawyers, the organization of the exam and the announcement of its results, which must be equal to the cost that must be borne in this case , as well as the license fee for lawyers.

Article 49
(Repealed by Law No. 10 047, dated 24.12.2008)

Article 50
(Repealed by Law No. 10 047, dated 24.12.2008)

Article 51
Law no. 7827, dated 31.5.1994 "On advocacy in the Republic of Albania", is repealed.

Article 52
This law enters into force 15 days after its publication in the Official Gazette.

Promulgated by decree no. 3923, dated 30.7.2003 of the President of the Republic of Albania, Alfred Moisiu