Pro Bono Practice and Opportunities in Bahrain

Overview

There are several local firms in Bahrain that offer pro bono legal services to those unable to pay for lawyers and free legal advice and representation before the Bahraini courts. Pro bono services are not specifically regulated under Bahrain law separately from legal aid services. Pro bono legal services in Bahrain continue to be of growing importance and are currently focused on increasing the provision of legal support and representation for those most in need. For example, given the complex interaction between the courts, local authorities, and ministries, pro bono legal service providers in Bahrain have, in recent years, focused on providing clarification and guidance on legal procedures and processes.

Legal representation in respect of pro bono matters in Bahrain has tended to focus on cases heard before criminal courts, but there are also efforts to provide legal services in respect of matters in the civil and family courts. Further, there is increasing interest in providing pro bono legal services to support non-profit organisations and social institutions in Bahrain, for which further details are provided below.

Key drivers of pro bono work in Bahrain include the growing corporate social responsibility efforts within the legal sector and the role of the judiciary in encouraging legal support for disadvantaged individuals. Additionally, regional and international influences, including best practices adopted by multinational law firms operating in Bahrain, have contributed to the expansion of pro bono initiatives.

Download Bahrain Report (PDF)

At a glance

Minimum pro bono hours requirement for lawyers? Specific pro bono licence required? May foreign lawyers practice pro bono? Insurance required for law firm pro bono? Insurance required for in-house counsel pro bono? Rules to limit advertising pro bono work? Does pro bono work count to CLE credit? Limitations for in-house lawyers to do pro bono?
No No No No No No No No

Pro bono practice and opportunities

1. Describe the laws or rules that regulate the provision of legal services, including any licensing required to provide legal services. Please highlight any differences for lawyers working as in-house counsel.

The Legal Practice Act of 1980 (the Legal Practice Act).[1]

According to the Legal Practice Act, only Bahraini advocates have the right to appear before courts and tribunals, in front of police, administrative, and judicial committees. Non-lawyers are prohibited from giving legal advice or performing any legal act.Bahraini lawyers practise under a single title of “Advocate”.

According to the Legal Practice Act, a person practising law before the Bahraini courts must have his/her name registered in the table of advocates. Such registration requires a person to:

  • be of Bahraini nationality;
  • have full civil capacity;
  • hold the degree of Bachelor in Law from a recognised university – the degree must have included the study of Islamic Law and, if not, the applicant must pass an exam prepared by the Ministry of Justice and Islamic Affairs or must have obtained an equivalent certificate in Islamic Law from one of the recognised Islamic law universities; and
  • be of good character and conduct and have no outstanding criminal or disciplinary ruling against him/her.

There are no specific differences in the regulations for lawyers working as in-house counsel; they must meet the same licensing and registration requirements as other advocates.

Advocates must renew their registration annually.

Regulatory landscape for pro bono

2. Describe the laws or rules that regulate the provision of pro bono legal services.

The Legal Practice Act and other Bahraini laws do not distinguish pro bono legal services from legal aid. Consequently, the same laws and regulations governing the practise of legal services generally in Bahrain are equally applicable to the provision of pro bono legal services.

Pursuant to the Bahraini Civil Procedures Act[2], if someone is charged (solely in criminal matters) and cannot afford a lawyer, the Ministry of Justice shall randomly select Advocates to represent them free of charge. However, such work is of the nature of legal aid, i.e., the lawyers are required to take on the cases assigned to them by the courts unless there is a conflict.

Lawyers do not get paid for such work; however, the Ministry of Justice generally gives these lawyers a small fee for their work.

3. Do lawyers need a licence to provide pro bono legal services (beyond the usual local qualification to practice law)?

No separate licence is required to provide pro bono legal services beyond the usual local qualification to practise law.

4. Do foreign-qualified lawyers need any additional license to provide pro bono services (beyond their foreign qualification to practice law)?

Foreign lawyers cannot provide pro bono legal services in Bahrain, as only Bahraini nationals may practise law in Bahrain.

5. Are lawyers required by such rules to work a minimum number of pro bono hours? If so, how many?

Lawyers in Bahrain are not required to work a minimum number of pro bono hours.

6. Are aspiring lawyers required to complete a minimum number of hours of pro bono legal services to become licensed lawyers?

Aspiring lawyers in Bahrain are not required to complete a minimum number of hours of pro bono legal services in order to become licensed lawyers.

7. Aside from mandatory targets (if any), are there aspirational pro bono hours targets for lawyers set by the local bar association, regulatory body, or other body?

Lawyers in Bahrain are not obligated to meet any aspirational targets for pro bono hours.

8. Do lawyers receive any “Continuing Legal Education” (CLE) or equivalent credit for pro bono hours worked?

In Bahrain, there is no formal system in place that awards CLE or equivalent credits specifically for pro bono hours worked.

Insurance and advertising

9. Do lawyers need professional indemnity legal insurance cover for pro bono legal services they provide? Does the requirement differ for in-house lawyers? If insurance is required, can lawyers meet the requirement by working under the cover of another pro bono provider, e.g., in partnership with a private law firm or organisation working on the same pro bono project?

Lawyers in Bahrain do not require professional indemnity legal insurance cover for any pro bono legal services that they provide.

10. Are there any rules that limit or prohibit advertising of pro bono successes or soliciting new pro bono clients?

There are no rules that prohibit advertising of pro bono successes or soliciting new pro bono clients.

Pro bono practice and culture

11. What are the main areas of law that require or present opportunities for pro bono? What are the major unmet legal needs?

The main opportunities in pro bono legal services in Bahrain are in criminal law. Often, those charged with crimes cannot afford legal aid independently.

12. Who are the main providers of pro bono legal services?

Pro bono legal services are often provided by private law firms, such as Zu’bi & Partners, Attorneys & Legal Consultants, Hassan Radhi & Associates, and Al Tamimi & Company, as well as NGOs.

13. Are there any noteworthy examples of how innovative technology or artificial intelligence (AI) is being used to enable access to pro bono or otherwise as part of pro bono cases or matters?

In Bahrain, the integration of AI and other innovative technology in the legal sector is still in its early stages. While there is a growing global trend of using AI to enhance access to pro bono services, specific publicly available implementations within Bahrain are limited.

Sources of pro bono opportunities and key contacts

14. Describe notable sources of pro bono matters or resources in your jurisdiction.

In Bahrain, the concept of pro bono legal services is still developing, and there is a lack of formal pro bono clearinghouses or clinics that coordinate such services. Currently, pro bono legal assistance is primarily provided by public attorneys, the Bahrain bar society, the legal courts of Bahrain, and individual law firms on a voluntary basis.

15. Is there any public or private organisation with which a local or foreign lawyer can register to be made aware of pro bono opportunities?

Currently, Bahrain does not have a specific public or private organisation dedicated to connecting local or foreign lawyers with pro bono opportunities.

16. Are there any awards, lists, or rankings related to pro bono work?

There are currently no Bahrain-based awards, lists, or rankings related specifically to pro bono work.

References

Acknowledgements

Name of Local Counsel: Zu’bi & Partners
Name of Individual at Local Counsel: Noor Al Taraif

Published in partnership with