Pro Bono Practice and Opportunities in Morocco

The Constitution of 1 July 2011 forms the basis of Morocco’s legal system.

The legal profession is governed by Law No 1-93-162 of 10 September 1993 enacted by Dahir of the Moroccan King relating to the organisation of the legal profession, as amended by Law No 28-08 of 20 October 2008 enacted by Dahir No 1-8-101.^[1] Decree No. 2-81-276 of 1 February 1982 sets out the requirements to practise as a lawyer – a person must:

• be over 21 years of age;
• hold a law degree (license en droit) – equivalent to an LLB;
• have successfully passed the Bar examination;have completed an internship with an experienced lawyer;
• be registered with one of the 17 Bar Associations (whereby each Bar is managed by an elected council, which is headed by the Bar President); and
• have a high degree of fluency in Arabic (as all pleas in Moroccan courts are made in Arabic)^[2].

In relation to foreign-qualified lawyers, they must hold a certificate of aptitude to practise law or provide evidence that they have practised law for at least five years in their home country.

If the foregoing cannot be met, they must take an exam in Morocco to evaluate their knowledge of the Arabic language and Moroccan law. They must also have a high degree of fluency in the Arabic language and be registered with one of the Moroccan Bar Associations^[3]. The above also applies to in-house lawyers.

There are no specific laws or regulations that regulate the provision of pro bono legal services. However, in relation to legal aid, Article 121 of the Constitution provides that justice is free for those who do not have sufficient resources to bring a claim before a court.^[4]

Other than the requirements to practise law generally as set out in section (a)(1) above, there is no requirement to obtain a specific licence for pro bono legal services.

Other than the requirements to practise law generally as set out in section (a)(1) above, there is no requirement for foreign-qualified lawyers to obtain an additional licence for pro bono legal services.

Lawyers are not required by any laws or regulations to work a minimum number of pro bono hours in Morocco.

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

There are no aspirational targets and the Bar Associations do not mention any targets in respect of pro bono hours worked by lawyers in Morocco.

Lawyers do not receive any Continuing Legal Education” or equivalent credit for pro bono hours worked.

Lawyers do not require professional indemnity legal insurance cover for any pro bono legal services that they provide – that applies to lawyers in private practice and in-house.

There are no rules in Morocco that limit or prohibit advertising pro bono successes or soliciting new pro bono clients.

Morocco is a country which continues to develop and as such there are many areas which require – and therefore present – opportunities for pro bono.

The main areas in which people need assistance (legal and general) are domestic servitude, gender parity (particularly in the case of single mothers) and asylum (in the case of refugees). Specifically in relation to pro bono, a significant issue is the inability to access pro bono legal services.

The general public has little information on the legal sector and education is a factor as approximately 50% of the population is illiterate.^[5] By turning to family members for advice rather than seeking legal assistance, this population lacks information about their rights and how to resolve disputes.^[6]

As well as not being able to access legal services, there is an unwillingness to do so as the population has a low regard for the legal sector which they see as corrupt. There are issues even in relation to legal aid for which there is underlying legislation – legal aid procedures are complex and the criteria for assessing a person’s eligibility is not centralised and therefore the process can be opaque and discretionary.

Consequently, there are major unmet legal needs relating to the provision of legal services to those who are

(i) unable to pay for them;
(ii) unable to access them because they are shunned (such as single mothers) or unaware they exist; and
(iii) unwilling to access them because they believe that the legal sector is corrupt.

Based on the foregoing, the legal areas that have the most opportunities to provide pro bono legal services are the areas of procedural law, constitutional law, civil law, family law and asylum law – as well as a general need for education.

The Constitution enshrines a right for individuals who do not have sufficient financial resources to be provided with legal assistance so that they can defend themselves at court.

Legal aid (which covers all legal costs an individual may incur) is granted for the whole litigation process, from the legal representation of an individual before the court up to the stage of execution of a decision by the court. Legal aid, in theory, applies to all cases, whether criminal or otherwise.^[7]

In respect of pro bono legal services, the main providers are non-governmental organisations – both national and international. Moroccan NGOs include the following:

• Association Marocaine d’Appui à la Promotion de la Petite Enterprise –dedicated to alleviating poverty by providing skill training and business opportunities to local communities;^[8]
• Association Oum El Banine – provides support to women in distress;^[9] Fondation Orient Occident – provides support to young people from disadvantaged neighborhoods and provides socio-educational and professional training;
• Droit et Justice – dedicated to improving the judicial system and promoting the rule of law. It is particularly involved in the refugee crisis and provides legal aid for asylum seekers in Morocco;^[10]
• Association Beni Znassen pour la Culture, le Développement et la Solidarité – provides humanitarian and legal support to vulnerable immigrants, refugees and asylum seekers; and
• Association Marocaine des Droits Humains – monitors human rights violations and provides legal support for victims.^[11]

There are also pro bono associations which act as reception and attendance centers for refugees, women and other victims of violence, and which provide support with legal proceedings and assist in distributing legal information.^[12]

In addition to Moroccan NGOs, there are international NGOs which act in Morocco / for Moroccans. An example is UNHCR which has legal partners across Morocco – asylum-seekers and refugees have the right to approach and request legal assistance from a UNHCR legal partner.^[13]

There are no specific examples of technology or artificial intelligence being used to enable access to pro bono or furthering pro bono in Morocco, however there is a program to increase the use of technology in the legal sector more generally.

In 2003, the Ministry of Justice started a program of court computerisation ^[14] and in June 2024 it was announced that courts across Morocco will start using artificial intelligence. ^[15]

There are no governmental sources and the main sources of pro bono matters and/or other resources are NGOs, including the following (as further described above):

• Droit et Justice ^[16];
• Association Marocaine d’Appui à la Promotion de la Petite Enterprise ^[17];
• Association Oum El Banine ^[18];
• Fondation Orient Occident ^[19];
• Association Beni Znassen pour la Culture, le Développement et la Solidarité;
• ^[20] andAssociation Marocaine des Droits Humains ^[21].

In addition to Moroccan NGOs, there are international NGOs which could provide sources of pro bono matters such as UNICEF and UNHCR.

While the NGOs noted in section (e)(1) above are sources of pro bono matters, it is not possible for lawyers to register with them – or with any other organisation (public or private) – to be made aware of pro bono opportunities.

While there might be awards for international law firms doing pro bono work in Morocco, there are no specific awards, lists or rankings related to pro bono work done by Moroccan law firms and/or lawyers in Morocco.