The Bar Council of the Maldives is a unified, self-regulating institution, established on 27 June 2019 under the Legal Profession Act (Law No. 5/2019). The Bar Council of the Maldives is statutorily mandated to regulate the legal profession.
In order to ensure that the legal profession is able to carry out their duties effectively and efficiently, the Bar Council of the Maldives aims to ensure the freedom to practice, prevent unfair disciplinary action against lawyers, ensure access to legal services in both central and outer-lying areas of the Maldives, and enhance public trust in the legal and justice system.
Through ensuring that all Maldivian lawyers, including private lawyers, state attorneys, and public prosecutors are competent and capable of carrying out their fundamental professional duties of serving the administration of justice and upholding the rule of law, the Bar Council of the Maldives also protects the general public and plays a key role in access to justice.
The Bar Council of the Maldives is governed by a nine-member Executive Committee. The President, Vice President and 7 Members of the Executive Committee are elected every 3 years by all lawyers licensed in the Maldives.
The Secretariat of the Bar Council of the Maldives is headed by the Secretary General.
Mission:
The Bar Council of the Maldives regulates the legal profession, fosters high standards of professional and ethical conduct for lawyers, enables its members to better serve their clients and the public, and increases access to justice in the Maldives.
Vision:
Vision: The Bar Council of the Maldives is a trusted and independent organization that has created a solid structural foundation and is steadily evolving and strengthening its core functions that serve lawyers and the public.
Core Values:
Integrity & Independence
We strive to earn and maintain your trust through a commitment to truth, transparency, and accountability for what we say and do as individuals, as professionals, and as an organization.
Member Driven
We will work to ensure general members are invested and engaged in the work of the BCM.
Innovation
We will continually explore and advance new ways to efficiently carry our mission, always seeking to make the BCM as accessible as possible to members and the public.
Inclusion
We recognize we are more effective when we bring different perspectives, experiences and backgrounds to our collective activities and decision making.
Responsiveness
We will seek out and listen to the needs of members and the public and be flexible as we adjust to the changing environment.
The main objectives of the Bar Council of the Maldives, as prescribed under section 5 of the Legal Profession Act (Law No. 5/2019), include:
- Protecting the rights and privileges of lawyers, issuing licenses to practice law, regulating all professional matters related to the services of lawyers, overseeing, and taking disciplinary action, prescribing the rules of legal services, and ensuring fair and trustworthy legal services.
- Ensuring the delivery of legal assistance and services while protecting the interests of clients.
- Formulating and taking necessary measures to enforce the code of conduct of lawyers.
- Sustaining public confidence in legal services through monitoring, review, and recommending reforms of services provided by all legal practitioners.
- Formulating the rules and regulations that legal practitioners shall adhere to, training legal practitioners, and promoting the legal profession.
- Endeavoring to uphold the integrity and independence of the legal profession.
- Taking the necessary measures to promote and maintain the quality of the legal education provided by higher education institutions in the Maldives.
- Assisting the relevant state authorities in securing legal aid for those accused of serious criminal offences.
The mandate of the Bar Council of the Maldives, as statutorily prescribed, is broad and comprehensive, to allow for a well-regulated legal profession. Section 7 of the Legal Profession Act (Law No. 5/2019) envisions the Bar Council of the Maldives’ regulatory powers governing all aspects of the path to becoming a legal service professional; from law school to admission and thereafter. The specific mandate conferred on the Bar Council of the Maldives includes the following:
- Regulating the legal services sector and formulating the methods and standards of delivery of legal services.
- Formulating and enforcing regulations, rules and policies prescribing the rules and code of conduct to be adhered to when providing legal services.
- Formulating regulations prescribing the rules pursuant to which licenses shall be issued to lawyers, and issuing, suspending, and revoking licenses according to the regulation.
- Developing and periodically reviewing professional standards in respect of the license issued to lawyers.
- Establishing a mechanism to ensure that legal services are provided by licensed lawyers.
- Reviewing and taking the necessary measures, in accordance with the Legal Profession Act (Law No. 5/2019) and the regulations thereunder, in cases of breach, of the prescribed rules and code of conduct, during the provision of legal services.
- Developing a framework on ensuring transparency of clients’ financial transactions, carried out by legal service professionals in respect of legal services.
- Formulating and enforcing the regulations and procedures necessary to the development of legal services.
- Prescribing the standards of services provided by lawyers, review, research and enforce measures required to improve the quality of their services, and regularly overseeing the quality of legal services provided by lawyers.
- Undertaking research into various matters pertaining to legal services and publishing the reports of such research.
- Carrying out all work necessary to develop and promote legal services.
- Representing the Maldivian legal fraternity at national and international meetings, seminars and conferences held in relation to the legal services sector.
- Convening an electoral committee and taking all necessary actions to hold an election among lawyers to elect a member from the legal fraternity for the Judicial Service Commission pursuant to Article 158(j) of the Constitution 2008.
- If 20% of the lawyers registered with the Bar Council of the Maldives file a petition pursuant to Article 165 of the Constitution 2008, to remove the lawyer elected to the Judicial Services Commission, on behalf of the legal fraternity, pursuant to Article 158(j) of the Constitution 2008, arranging a referendum, within 14 days of a petition, on the question of the termination of the lawyer.
- Holding and making all necessary arrangements in respect of statutorily mandated elections related to a lawyer or a representative of the legal sector.
- Providing the required information and advice to statutory bodies regarding lawyers or representatives of the legal sector to be appointed to the bodies.
- Intervening in a case, if the Bar Council considers that a case being heard by a statutory court or tribunal involves public interest or has the possibility of making a legally and constitutionally significant decision that relates to a majority of the society.
- Issuing opinions and information regarding legal and constitutional cases and matters of public interest.
- Formulating regulations on the curriculum, course duration, and entry requirements for law courses offered at higher education institutions operated in the Maldives.
- Evaluating the teaching of law courses offered at higher education institutions operated in the Maldives and instructing the institutions to make rectifications, when required.
- Assessing the examinations of law courses and programmes offered at higher education institutions operated in the Maldives and taking measures, when required.
- Determining education and training institutions in the legal services sector that are approved by the Bar Council, for the purpose of licensing persons to practice in the Republic of Maldives as a lawyer.
- Fostering connections with international organisations engaged in the legal services sector and becoming a member of such organisations.
- Establishing various committees and determining the mandate of the committees, in accordance with the directions of the Executive Committee, to accomplish the objectives of the Bar Council.
- Discharging all the responsibilities assigned to the Bar Council under the Legal Profession Act (Law No. 5/2019) or any other statute.
- Formulating a regulation on classifying lawyers registered with the Bar Council.
The BCM’s work to regulate the legal profession is supported by various national and international organizations in a myriad of ways, including direct funding, collaborative efforts, and the provision of technical expertise and resources.
Membership Organizations
LAWASIA, the Law Association for Asia and the Pacific, is an international organization representing thousands of lawyers from over 40 jurisdictions. It is dedicated to promoting the rule of law, human rights, and high standards of legal practice across the region.
Bar Council of the Maldives (BCM) became a member of LAWASIA in 2021 and has been actively involved since. LAWASIA offers networking opportunities and supports the rule of law through events such as annual conferences and forums.
The International Bar Association (IBA) is a leading global organization of legal practitioners, bar associations, and law societies, dedicated to influencing the development of international law reform and shaping the future of the legal profession.
Bar Council of the Maldives (BCM) was accepted as a Full Member Organization of the IBA on 21 October 2021. As a member, BCM benefits from the IBA’s extensive network and resources, engaging in various international legal discussions and contributing to global legal developments.
The Commonwealth Lawyers Association (CLA) was established in 1983 to promote the rule of law throughout the Commonwealth by ensuring an independent and efficient legal profession.
Bar Council of the Maldives (BCM) became a member in 2021 and has since been actively involved in CLA’s initiatives. Highlights include hosting webinars on topics like cross-examining vulnerable individuals and participating in key conferences such as the 22nd Commonwealth Law Conference in Nassau, Bahamas, and the 23rd in Goa, India. CLA’s training opportunities, which are regularly shared with BCM members, help enhance legal knowledge and practices.
The International Criminal Court Bar Association (ICCBA) works closely with legal professionals to promote the highest standards of ethics and competence for Counsel, independence of the legal profession, and respect for fair trial principles within the context of the International Criminal Court (ICC).
Given that the Maldives has been a State Party to the ICC since 2011, the Bar Council of the Maldives (BCM) joined the ICCBA as an affiliated association in August 2023. This affiliation allows BCM to facilitate learning and professional development opportunities for its members and work on matters of common concern with the ICCBA, thereby enhancing the legal standards and practices within the Maldives.