Legal Profession:

The legal and judicial professions, understood, as a whole legal professional, occupy a unique
place in the society in which they belong. They are, in a way, the mirror and maintain with the
prerogatives sovereigns of the state have remarkably close relations. On the one hand, and
whatever the variety of their statuses, these professions intervene at various times of
production normative, from its creation to its sanction or even its forced execution. They are
therefore the guarantors of the proper functioning of the state. On the other hand, and by a
logical relation of cause to indeed, their organization and structuring will depend entirely on
the history of the state on which they depend. The organization of the judiciary as a whole is
indeed the fruit of a complex history specific to each state, and it is in part this history that
will be still today the explanatory factor of the distinctions between the different forms
organization of legal professions.

The work of the most eminent comparatists has thus highlighted the existence of different
legal families which differ in many respects, particularly in terms of the organization and
structuring of their legal professions.

In general, we can distinguish two major legal families, namely: The Romano-Germanic
family (to which Moroccan law belongs in particular), and the common law family.

1- Legal professions in the Romano-Germanic system

The Romano-Germanic model is characterized by the plurality of legal professions. Regulated

a- Judges and lawyers

Concerning the magistrates, their role consists in rendering justice (magistrates of seat), or to
defend the general interest and the public order (magistrate of the prosecution / public
prosecution). Under Moroccan law, they are subject to Law No. 106.13 of March 24, 2016
relating to the status of magistrates. According to article 4 of the said law, magistrates can be
appointed either: judge of a court of first degree, deputy of the public prosecutor at a court of
first degree, adviser to a court of appeal, adviser to the court of cassation or advocate general
at the court of cassation.

To become a magistrate, you must be of Moroccan nationality, be at most 45 years old, hold a
diploma fixed by law, and successfully pass the entrance examination to the higher institute of
the magistracy, in order to pass two years of training within it.

Indeed, a Superior Council of the Judicial Power is set up, as a consultative body, but also as a
force of proposal insofar as it draws up, on its initiative, reports on the state of justice and
system and makes appropriate recommendations in this area.

As for lawyers, their functions are multiple. They can be of a defense or legal advice nature.
With regard to defense, he intervenes in civil cases (accidents, divorces, estates, work-related
disputes ...) or criminal (misdemeanors, thefts, crimes ...). Before the trial, the lawyer meets
with his client several times to build his case and draft the documents necessary for the
defense. This is essential to build a solid defense record that will lead him to victory. During
the trial, he supports the cause of his client by his interventions and a final argument. Legal
advice is provided in particular to companies (multinationals, banks, insurance companies).
Companies, without a legal department, frequently use independent lawyers to resolve day-to-
day legal, commercial or financial matters. Sometimes, even if they have internal lawyers,
they call on him to solve more delicate problems.

To practice as a lawyer, you must first have a private law license. It is also necessary to pass a
so-called CAPA exam to obtain the Certificate of Aptitude for the Lawyer Profession. The
latter includes written tests and oral presentations. Once this has been completed, you must
complete a three-year internship in a law firm with at least five years of seniority. This is
about learning the inner workings of advocacy. At the end of the internship, you must apply to
the bar to become a lawyer.

b- The bailiffs

The judicial officers fulfill missions which are quite numerous and varied.

Issuing a summons to an individual, enforcing a court decision, establishing findings ... These
are all activities carried out by the bailiff. All the acts of this professional have official value.
Job The bailiff is competent to carry out all notifications and procedures for the execution of
orders, judgments and judgments as well as all enforceable deeds and titles. He is also
responsible for bringing the summons to justice. The bailiff can collect all the sums that are
the subject of the conviction or the sums due. He never acts on his own, but responds to the
request of someone who has given him a formal order.

The bailiff is bound by professional secrecy. He is responsible for the mistakes he commits to
his mandates. In the corporate world, the bailiff advises companies who want to know their
partners better as well as debtor companies.

Even if the judicial officer exercises a liberal profession, the fees he receives for his services
are regulated by law. Thus, Article 17 of Law 41-80 stipulates that bailiffs can receive a fixed
annual compensation awarded to them by the administration to the exclusion of any other
compensation. In any other matter, they are remunerated for their activities and their acts
according to a tariff fixed by decree. It is strictly forbidden for them, for any reason
whatsoever, to ask for or collect sums higher than the fixed rates. The bailiff's acts established
during proceedings followed with the benefit of legal aid are free of charge.

c- The business law Jurist:

The role of a lawyer in business law within a company is to defend the interests of his
company, watch over the regulations and advise the various departments on current projects,
thanks to his legal knowledge. The business lawyer is also known as the group lawyer,
business lawyer, contract lawyer, legal officer or legal officer.

The missions of the business law lawyer are varied and affect several areas within the
company. He is constantly on the lookout for legal matters and must keep abreast of
developments in order to apply the changes within his company. Thanks to his knowledge, he
is able to assess whether a project is risky, and guides the different departments to develop a
good strategy while ensuring compliance with the legislation. He is in charge of litigation files
(responses to disputes, legal summonses, contacts with lawyers, etc.). He plays an advisory
role for all operational staff (legal issues, recommendations, regulations, etc.) and establishes
legal documents.

In addition, the business law lawyer is responsible for drafting and monitoring contracts for
clients, suppliers or partners. Depending on the size of the company for which he works, the
business lawyer may be required to perform more or less extensive assignments.