As Minister of Justice Nasser Al-Sumait and his team continue reviewing a broad range of legislative proposals, legal circles have renewed discussions on key ideas to be included in the upcoming law regulating the legal profession.
Despite Al-Sumait’s earlier meeting two months ago with the Kuwait Lawyers Association to discuss obstacles facing practitioners, experts and legal professionals emphasize that several critical observations must be considered due to their significant implications for the profession.
The current law faces major challenges, particularly concerning admission conditions, investigation and inspection procedures, disciplinary measures, and retirement guarantees for lawyers.
Among the recurring proposals debated by successive councils is the need to restrict admission to graduates of law faculties only, excluding Sharia graduates. Advocates also call for written and oral admission examinations, followed by intensive training courses of no less than three months at approved institutes before new lawyers are licensed to practice.
Furthermore, many have urged the abolition of “similar work” equivalencies, limiting appointments to positions directly related to the legal field such as the judiciary, prosecution, and legal departments in state entities. They have also proposed an age cap of 65 years for new entrants from such positions.
Law professors should only be admitted if they hold advanced academic titles, such as professor or doctor, to ensure they contribute effectively to enriching the profession.
On disciplinary and investigative matters, legal experts have stressed the need for explicit legal protections for lawyers under investigation.
They recommend that the Public Prosecution handle such investigations in the presence of a representative from the Lawyers Association, with the association also notified in advance of any office inspections or arrest warrants.
This proposal seeks to ensure that lawyers receive the same level of protection afforded to judges and public employees, especially amid recurring reports of assaults or interference with their duties before courts and investigative authorities.
In addition, calls have been made to restructure the disciplinary system, as the current framework—comprising three judges and two nominated lawyers—is viewed as inconsistent and lacking judicial balance. Critics note contradictions between the disciplinary and appeals circuits, highlighting the need for a clearer, more coherent structure that upholds fairness and professional accountability.
Legal specialists further point to the need for reform in the Public Prosecution’s authority to investigate professional violations and crimes involving lawyers. They argue that while prosecutors may investigate professional misconduct, their decisions—particularly to dismiss cases—should be subject to appeal to ensure transparency and due process.
Another key issue raised is the absence of an insurance and retirement framework for lawyers, which many view as an essential protection for practitioners after years of service. Similarly, the law lacks provisions to regulate lawyer fee agreements, delegation procedures before criminal courts, and the responsibilities of lawyers representing colleagues in court.
As discussions continue, observers stress that any legislative amendment must balance the need for accountability with guarantees that preserve the independence, dignity, and rights of the legal profession—a cornerstone of Kuwait’s justice system.
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