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Practical Guide to Disciplinary Rules for Iranian Lawyers and Trainees: What You Need to Know

Disciplinary compliance is an inseparable part of the legal profession in Iran. Ali Sadri Khanlou, inspector and board member of the Central Bar Association, has compiled 20 critical disciplinary points for first-grade lawyers and trainee attorneys. These points are based on the Legal Bill on the Independence of the Bar Association (1954) and its Executive Bylaw (2021, with later amendments). Knowing them helps prevent many professional problems.

Here is a clear and practical overview of the 20 points:

1. Disciplinary Prosecution Authority The Bar Association’s Disciplinary Prosecutor’s Office (consisting of the prosecutor and sufficient assistants) handles initial investigations. After inquiry, if a violation is established, an indictment is issued; otherwise, a non-prosecution or stay order. These orders can be appealed within 10 days to the Bar’s Disciplinary Court.
2. Finality of Judgments Disciplinary Court decisions on grade 1–3 penalties are final for the accused. Higher-grade penalties (4 and above) can be appealed within 10 days to the Supreme Disciplinary Court of Judges. Private complainants, the Bar prosecutor, and the Bar president can appeal in all cases.
3. Conflict of Interest Due to Kinship A lawyer cannot accept a case if they (or their spouse) have blood or marriage relations up to the third degree of the second class with the judge, prosecutor, investigating judge, or assistant prosecutor involved.
4. Protection of Professional Independence Under Article 17 of the Independence Bill, no lawyer may be suspended or barred from practice except by a final disciplinary court judgment. Temporary or permanent bans issued as supplementary penalties by general courts contradict this provision.
5. Attorney Fees Agreement between lawyer and client is primary. In the absence of an agreement, the official tariff applies. Charging more than the tariff without agreement is a disciplinary violation. Courts may only award up to the tariff or the agreed (lower) amount.
6. Age Limits for Examination and License Individuals over 40 cannot sit for the bar exam in Tehran Province (up to 50 in other provinces). A first-grade license is not issued to those under 25.
7. Use of Academic Titles Listing academic degrees on letterheads or using them requires submitting the credential to the Bar. Failure to do so is a disciplinary violation; using false titles constitutes a specific criminal offense.
8. Pro Bono and Assigned Cases Lawyers must accept at least four pro bono (mo’azedati) and assigned (taskhiri) cases annually. Refusal is a violation. Lawyers handling these cases are exempt from related taxes and professional fees.
9. Prohibition Against Former Employers Accepting cases or providing advice against legal entities (public or private) where the lawyer previously worked or consulted is prohibited for five years.
10. License Deposit (Towdi’) A license may be deposited for one four-year period, renewable only once. Failure to comply leads to cancellation by the Disciplinary Court.
11. Retrial of Disciplinary Judgments If the underlying document is proven forged, testimony is shown to be false, or the related criminal judgment is overturned, a retrial is possible within one month of the final decision’s notification.
12. Conflicting Court Dates When summoned to multiple courts at the same time, priority goes to the criminal court; otherwise, the hearing notified earlier. The lawyer must submit a brief or appoint a substitute.
13. Ban on Cases Previously Handled as Judge or Arbitrator Lawyers are prohibited from acting in cases they previously judged or arbitrated. Former judges may not practice in their last place of service for three years.
14. Prohibition on Additional Payments Beyond the agreed fee, lawyers may not receive money, property, or documents (even as security). Obtaining such items through deceit also constitutes fraud.
15. Restrictions on Offices and Branches Lawyers may not establish multiple branches or law firms, open an office outside their licensed jurisdiction, or effectively concentrate practice elsewhere. Repeated violations carry progressively heavier penalties.
16. Aggravation of Penalties Multiple or repeated violations lead to aggravated penalties under Articles 136 and 137 of the Executive Bylaw.
17. Statute of Limitations Disciplinary violations become time-barred two years after occurrence. If proceedings have started, the period runs from the last disciplinary action.
18. Insulting a Lawyer Under Article 20 of the Independence Bill, insulting a lawyer while performing professional duties is punishable by 15 days to 3 months’ imprisonment.
19. Automatic Removal of Disciplinary Records After the periods specified in Article 154 of the Executive Bylaw, the effects of a disciplinary conviction are automatically erased from the lawyer’s record.
20. Respect for Lawyers According to the 1991 resolution of the Expediency Discernment Council, lawyers enjoy the same respect and protections as judges while acting in a case.

Additional Context from Regulations

Disciplinary sanctions typically include written reprimands (with or without publication), demotion, temporary suspension (from three months to several years), and permanent disbarment. Awareness of these rules protects both the individual practitioner and the dignity of the profession.

Compliance with these points is essential for both trainees and experienced lawyers. In case of any doubt, full study of the Executive Bylaw of the Independence Bill and consultation with the relevant Bar Association is strongly recommended.