DRC: Amendment of certain articles of the decision on the organisation of the Bar

Kinshasa, June 3rd,  2025 (CPA). – Amendments have been made to certain articles of the decision on the internal regulations of the Bar Associations of the Democratic Republic of Congo by the National Council of the Bar, has earned on Tuesday CPA from a judicial source.

‘The professional correspondence between lawyers is confidential and cannot be produced in court. However, when such correspondence constitutes a definitive agreement between the parties, it may, with the prior authorisation of the national president of the Bar Association and the president of the Bar Association, be submitted for discussion. Nevertheless, the professional correspondence exchanged between lawyers loses its confidential nature and may be introduced at the hearing without the authorisation of the president of the bar when it relates solely to the communication of documents and conclusions,’ the source informs, referring to the amendment to Article 63 of the above-mentioned decision.  According to the same source, the second amendment concerns Article 101 regarding ‘the eulogy in the event of the death of a lawyer, the eulogy for the deceased lawyer delivered by the national president of the bar association or the president of the bar association or by another member delegated by him shall be limited essentially to requesting the court to take note of the lawyer’s death and to order that he be buried with dignity and honour in the cemetery chosen by his family. No request for the release from the oath shall be made. As for the eulogy of an omitted lawyer, ‘the eulogy is only delivered in the event of the death of a lawyer registered on the Roll, appearing on the list of honorary lawyers or on the list of trainee lawyers, and not of an omitted lawyer,’ has reported the same source. Finally, with regard to the statute of limitations for disciplinary action, the source has stated that ‘it expires five years after the commission of the acts or their discovery.’ The National Bar Association is the federation of all bar associations in the Democratic Republic of Congo. It is responsible, at the national level, for safeguarding the common interests of the profession, unifying rules and practices, and issuing useful guidelines and regulations that are binding on all lawyers, the source has concluded.ACP/

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