Legal Entity of Public Law
Georgian Bar Association
Charter
(New Edition)
Tbilisi
Preamble
Continuing the longstanding traditions of professional union of attorneys in Georgia, at the 26 February 2005 General Assembly we, the attorneys-at-law of Georgia, have founded the legal entity of public law - Georgian Bar Association, so as in conformity with the Constitution of Georgia and internationally recognized principles to promote the enforcement of justice in Georgia, strengthening of the rule of law, protecting of human rights, development of legal profession; to ensure the independence of an attorney-at-law, protection of his/her rights, and professional freedom.
Chapter I. General Provisions
Article 1. Title
1.1 Full title of the Association shall be:
a) In Georgian: sajaro samarTlis iuridiuli piri `saqarTvelos advokatTa asociacia~.
b) In English: Legal Entity of Public Law "Georgian Bar Association". - G.B.A.
1.2 Brief title of the Association shall be:
a) In Georgian: s.s.i.p. `saqarTvelos advokatTa asociacia~. - s.a.a.
b) In English: L.E.P.L. "Georgian Bar Association".
Article 2. Legal Status
Georgian Bar Association (hereinafter the "Association") represents a public law corporation based on a membership of individuals and is established based on the Laws on "Legal Entity of Public Law" and "Advocates".
Article 3. Seat of the Association
Seat of the Association shall be: Georgia, Tbilisi, 0114, 36 Dzmebi Zubalashvilebi Str.(08.12.2012.)
Article 4. Term
The Association shall be established for an indefinite period of time.
Chapter II. Objectives, Functions and Activities
Article 5. Objectives and Functions of the Association
Objectives and functions of the Association shall be to:
5.1 Promote the enforcement of justice and strengthening of the rule of law in Georgia;
5.2 Develop legal profession;
5.3 Protect the rights, professional freedom, interests and independence of attorney-at-law;
5.4 Ensure non-interference in advocacy activities;
5.5 Promote legal education and raise qualification of attorneys-at-law;
5.6 Establish and promote a free legal aid system;
5.7 Ensure the protection of norms of attorney's-at-law professional ethics;
5.8 Build trust and reputation towards attorney-at-law among the public;
5.9 Promote social welfare of attorneys-at-law.
Article 6. Activities of the Association
6.1 To discharge its objectives and functions, the Association shall carry out the following activities:
a) Organize the testing of attorneys-at-law;
b) Organize the activities of the Education Center of Attorneys-at-law and the mandatory, continuous legal education program;
c) Organize the seminars, discussions, round tables, and implementation of other projects for the attorneys-at-law;
d) Publish a periodic magazine of the Association;
e) Raise funding sources;
f) Develop the norms of advocacy ethics;
g) Participate in law-making activities;
h) Generalize court practice;
i) Set up a data base of attorneys-at-law, interns of attorney-at-law and advocacy bureaus and ensure its update;
j) Develop regulations on stimulating and carrying out disciplinary persecution of attorneys-at-law and ensure their fulfillment;
k) Receive and issue grants.
6.2 The Association shall carry out any activity, which relates to the discharge of its objectives and functions and does not contradict effective legislation. Economic activities pursued by the Association shall be of supplementary character only and serve the objectives of the Association.
Chapter III. Membership of the Association
Article 7. Member of the Association
7.1 A person may become a member of the Association if s/he is a citizen of Georgia, has attained higher legal education, has passed the attorneys’ proficiency exam or the judges’ (of servants of the prosecutor’s office) qualification exam, has attained no less than 1 year length of service of working as a lawyer or intern of an attorney-at-law, has applied under the established procedure to the Association with the affiliation request, and has taken an oath.
7.2 A person shall not be eligible to become an attorney-at-law, and the practicing attorney-at-law shall be disbarred, if s/he has been tried for committing a deliberate serious crime and his/her criminal record has not been extinguished or expunged pursuant to the procedure set under the law.
7.3 Attorney-at-law shall not simultaneously be an official person foreseen under Article 2 of the Law of Georgia on “Conflict of Interest and Corruption in the Public Service” or some other person, who is prohibited from carrying out advocacy activities under the law.
Article 8. Admission as a Member of the Association
8.1 To become a member of the Association, a person shall file an application with the Association. Executive Council of the Association shall make a decision within 1 month from receiving the application on affiliation of a person in the Association or rejection of affiliation.
8.2 To be affiliated in the Association, together with an application a person shall submit with the personnel of the Association a diploma of higher legal education, certificate on criminal record, certificate on length of service, copy of ID card, autobiography and 4 colored photographs, invoice confirming the payment of a membership fee, and the certificate of proficiency exam of attorneys-at-law (qualification exam of judges, of servants of the prosecutor’s office).
Article 9. Rights and Obligations of a Member
9.1 A member of the Association shall have the right to:
a) Elect and be elected in the governing bodies of the Association, Ethics and Auditing Commissions of the Association;
b) Participate in the work of the General Assembly of the Association;
c) Participate in the programs and projects of the Association, their development and examination;
d) Familiarize with the decisions of the Executive Council, Auditing and Ethics Commissions;
e) Leave the membership of the Association on his/her own will.
9.2 A member of the Association shall be obligated to:
a) Observe the Charter of the Association;
b) Observe the ethical norms approved by the Association;
c) Promote the implementation of the Association’s goals and functions;
d) Pay a membership fee in a timely and due manner;
e) Submit with the Association information on the change of address of his/her place of residence and advocacy bureau and contact phone within 2 weeks from occurrence of such change;
f) Upon request from the Association, to submit additional data or changes to them in the interests of organization of unified list of the attorneys-at-law.
Article 10. Suspension and Termination of Membership
The issues of suspension and termination of membership of the Association shall be regulated under the law and the disciplinary norms approved by the Association.
Chapter IV. Governance of the Association
Article 11. Governing Bodies of the Association
Governing bodies of the Association shall be the General Assembly of the Association and the Executive Council of the Association.
Article 12. Competence of the General Assembly of the Association
12.1 The General Assembly of the Georgian Bar Association (hereinafter the “General Assembly”) shall be the supreme body of the Georgian Bar Association.
12.2 The General Assembly shall:
a) Approve by an attending majority the Charter of the Association (new edition of the Charter) and bring amendments and supplements to it;
b) Elect Chairman of the Association through a secret ballot, by an attending majority;
c) Elect through a secret ballot the members of the Executive Council pursuant to the procedure set under Article 14.2 of the present Charter, the Ethics Commission pursuant to the procedure set under Article 21.2 of the present Charter, and the Auditing Commission pursuant to the procedure set under Article 25.4 of the present Charter.
d) Dismiss through a secret ballot, by attending majority the Chairman of the Association and members of the Executive Council, Ethics Commission and the Auditing Commission.
e) Approve by attending majority the Code of Professional Ethics of Attorneys-at-law and the Regulation on “Disciplinary Responsibility of Attorneys-at-law and Disciplinary Proceedings”.
f) Listen to the reports of the Executive Council and Chairmen of the Ethics and Auditing Commissions of the Association on the fulfilled activities.
g) Determine by attending majority the fixed amount of a membership fee.
h) Approve by attending majority and at the submission of the Executive Council the symbols of the Association.
i) Approve by attending majority and at the submission of the Executive Council the form of the gown of an attorney-at-law.
j) Establish by attending majority and at the submission of the Executive Council the forms and procedure for stimulating the attorney-at-law.
k) Elect by attending majority the vote counting commission comprising of 15 members.
Article 13. Convening of the General Assembly of the Association
13.1 General Assembly shall be convened at least once a year and it shall be authorized in case of attendance of not less than 800 members of the Association. In case of lack of quorum, a repeated General Assembly shall be convened within 2 weeks, which shall be authorized regardless of the number of attending members.
13.2 General Assembly shall make decisions through an open vote by a simple majority of attending members, unless the Law of Georgia on “Advocates” and the present Charter do not provide otherwise.
13.3 The Chairman of the Association, or in case s/he is unable to discharge the authority, a person elected from the Executive Council of the Association, shall exercise the authority to convene the General Assembly and chair the Assembly.
13.4 The Executive Council of the Association, Auditing Commission, Ethics Commission or not less than 10 (ten) percent of the Association members shall be authorized to request convening a special General Assembly and amending the agenda.
13.5 Chairman of the Association shall convene special General Assembly requested by persons foreseen under Article 13.4 of the Charter and add proposed issues to the agenda. If the Chairman of the Association does not fulfill the obligation stipulated under the present Paragraph, the persons indicated in Article 13.4 of the Charter shall have the right to convene General Assembly on their own.
13.6 Chairman of the Association shall develop the agenda and present it to the Association members for familiarization.
13.7 General Assembly of the Association, as a rule, shall be held either on Saturday or Sunday.
13.8 Assembly of the Association shall be held no earlier than 14 days and no later than 30 days from the publication of the announcement on convening the Assembly and the agenda in the print body and on the web page of the Association.
13.9 Persons indicated in Article 13.4 of the present Charter shall be authorized to request adding the amendments and supplements to the agenda no later than 7 days from publication of the announcement on convening the Assembly and the agenda. Amendments to be made under this procedure shall be published within 3 days.
13.10 The minutes shall be drawn up on the venue of the General Assembly of the Association, which shall be signed by the Chairman of the Assembly.
Article 131. Procedure for Nomination and Election of the Chairman of Association and Members of the Executive Council, Ethics Commission, and the Auditing Commission
131.1 Within seven days from the publication of the date of the General Assembly, the contenders for the positions of the Chairman of the Association and member of the Executive Council, Ethics Commission and the Auditing Commission shall be obligated to submit with the personnel of the Association the application in this respect. The application shall include the name and surname of the candidate, list number of the Association member, information on activities in the advocacy bureau, professional experience, length of service as attorney-at-law, membership in a political party, factual place of residence, and telephone number.
131.2 The contender shall be authorized to submit his/her candidature in one elective body only.
131.3 Bar Association shall ensure verification of compatibility of information submitted by the candidate with mandatory requirements within three days from receiving the application. If the information submitted by the candidate meets the requirements of the legislation and the present Charter, the Executive Council of the Association shall ensure the registration of contender as a candidate and his/her inclusion in the ballot.
131.4 Nominating of candidates on the election day shall be prohibited.
131.5 A person shall have the right to withdraw his/her candidature prior to starting the voting. In such case, a remark shall be made in the ballot along this nominee - "candidature withdrawn", and the votes accrued by such nominee shall not be counted.
Article 14. Executive Council of the Association
14.1 Executive Council shall be the executive body of the Association, which shall comprise of 12 members, 11 of which are elected from the list of members of the Bar Association by the General Assembly of the Bar Association for the period of 4 years, through a secret ballot. Chairman of the Association shall be included in the Executive Council ex officio.
14.2 Candidates who receive more votes than the other candidates, shall be considered as elected members of the Executive Council. If the candidates receive equal number of votes, and their number exceeds the number of members to be elected, a repeated vote shall be cast. If, as a result of the vote a number of the members of the body has not been attained, a repeated vote shall be cast to as many candidates having better results, as there are members to be elected.
14.3 The Executive Council sessions of the Association shall be held at least once per month.
14.4 Attendance at the Council session shall be mandatory for a member of the Executive Council.
14.5 The Executive Council shall be authorized, if its session is attended by more than half of the Council members. Decisions shall be made by a simple majority of attending members, unless the Law of Georgia on "Advocates" and the present Charter do not establish otherwise. The Chairman shall have a decisive vote in case of equal number of votes.
14.6 A special Executive Council session shall be convened:
a) By the Chairman of the Association;
b) By not less than three members of the Executive Council.
14.7 Chairman of the Association shall ensure convening the Council session.
14.8 The powers of the Executive Council members shall extend until the new members are elected.
14.9 Membership of the Executive Council shall be incompatible with serving in the public service or on other public or political position.
14.10 Member of the Executive Council cannot be a member of a political party.
14.11 More than one member from the same advocacy bureau cannot be elected to the Executive Council.
14.12 Members of the Executive Council shall be notified about convening the Assembly and the agenda immediately.
14.13 The Chairman shall draw up the minutes at the Council session. Chairman of the session shall sign the session minutes and be responsible for its accuracy.
14.14 The Council shall make the decision in the face of the "Executive Council decision", which shall be signed by the session Chairman.
14.15 Decisions of the Council shall be registered in the journal with indication of the decision number, location and date of the session, and brief content of the decision, and shall be uploaded on the web page of the Association.
14.16 The Chairman of the Association shall administer the registration journal and ensure the availability of information to the Association members.
Article 15. Powers of the Executive Council
15.1 The Executive Council of the Association shall:
a) Govern the Association collectively.
b) Make a decision on the affiliation of a person in the Association or rejection to affiliate.
c) Make a decision on suspension and termination of membership of the Association.
d) Enforce the decisions of the General Assembly of the Georgian Bar Association, Ethics commission, and the Auditing Commission.
e) Based on the available data, organize the drawing up of the list of Association members pursuant to the procedure stipulated under the legislation and the present Charter, making amendments to it and its publication; ensure the publication of the list of attorneys-at-law on the web page of the Association and in the quarterly magazine of the Bar Association twice per year.
f) Organize taking of the oath by an attorney-at-law.
g) Approve sample certificate confirming the right to pursue advocacy activities and the order of the attorney-at-law.
h) Administer the register of advocacy bureaus.
i) Administer the personal cases of attorneys-at-law and their interns.
j) Coordinate testing of attorneys-at-law over entire territory of Georgia, approve the procedure and curriculum of testing the attorneys-at-law, fix the date of conducting the testing.
k) Approve the regulations of the qualification commission.
l) Set up the training center of the Bar Association, approve the rules (regulations) of its activities, structure, and appoint its head.
m) Organize the mandatory continuous legal education of the Association members, determine the curriculum (regulations) for the mandatory continuous legal education of attorneys-at-law and procedure for its implementation, accredit the courses of continuous legal education offered by other providers.
n) Submit to the General Assembly for approval a draft Charter of the Association and proposals on bringing amendments and supplements to it.
o) Submit to the General Assembly for approval a draft Code of Professional Ethics of attorneys-at-law and proposals on bringing amendments and supplements to it.
p) Submit to the General Assembly for approval a draft Regulation on “Disciplinary Responsibility of Attorneys-at-law and Disciplinary Proceedings" and proposals on bringing amendments and supplements to it.
q) Submit to the General Assembly for approval clothing of an attorney-at-law, form of the gown, and other distinguishing signs.
r) Submit to the General Assembly for approval the symbols of the Association.
s) Determine the volume of fee for testing, which shall be reasonably commensurate to the necessary costs for holding the testing.
t) Approve by the list majority the budget of the Association and the expenses of next year.
u) Approve organizational structure of the Association, personnel, salary fund and determine the rates of salaries of the Chairman of the Association, hired personnel, and business trips and other administrative costs.
v) Approve the regulations of structural units and identify from its members the supervisors of structural units.
w) Establish international relations and represent the Association in these relations.
x) Based on a bilateral request, discharge settlement functions in case of disputed between Association members or members and their clients.
y) Publish the information newsletter of attorneys-at-law or other periodic publications.
z) Make a decision on the purchase, alienation, and encumbrance of a real property, taking or issuing a loan and the execution of any other transaction, value of which shall exceed 10% of annual budget of the Association.