What should I do if I suspect my Moroccan lawyer is in a conflict of interest?
Réponses d'Avocats
Papireddy Associates
Yes — and good for you for spotting the issue early. In Morocco, and specifically in Casablanca, lawyers (avocats) are strictly bound by the Code de déontologie de l’avocat (Professional Code of Ethics) and the Loi n° 28-08 régissant la profession d’avocat. A conflict of interest is taken very seriously — especially when it risks compromising your right to independent, loyal, and confidential representation.
mohammad mehdi ghanbari
Hello, good morning
If you suspect your Moroccan lawyer has a conflict of interest, you have several avenues for recourse. You can file a complaint with the local bar association, change your legal counsel, and potentially seek remedies for any damages incurred. In Casablanca, lawyer conduct is governed by the Professional Code of Ethics (Code de déontologie de l’avocat) and Law No. 28-08, both of which take conflicts of interest very seriously.
Filing a Complaint
You can file a disciplinary complaint against your attorney with the Ordre des Avocats (Bar Association) in Casablanca. This process is separate from any civil claim for damages and can proceed at the same time. The Moroccan Bar Association's Code of Ethics requires lawyers to uphold standards of confidentiality, competence, and the avoidance of conflicts of interest. A complaint can address issues such as your lawyer's refusal to disclose potential conflicts or any breaches of confidentiality.
Changing Your Legal Counsel
You have the right to change your lawyer at any point during your case. The general procedure for changing counsel is as follows:
Settle outstanding fees You will likely need to clear any pending payments with your current lawyer.
Obtain a "no objection" It may be necessary to get a "no objection" from your current attorney to formally transition the case [web-6].
Engage a new lawyer Your new lawyer will then file the necessary documents in court to formally take over your representation.
Case file access If you are concerned about accessing your case file, you can obtain a certified copy from the court.
Seeking Legal Remedies
If your lawyer's conflict of interest has caused you harm, you may be able to file a legal malpractice claim to recover damages.
To prove legal malpractice in Morocco, you must demonstrate:
Your lawyer breached their duty of care.
This breach caused harm to you or your case.
You suffered damages as a result.
Damages can include financial losses resulting from the lawyer's negligence, as well as compensation for non-economic harm like emotional distress. It is important to note that losing your case does not automatically mean malpractice occurred; you must prove that the lawyer's actions fell below the expected standard of care.
The statute of limitations for filing a legal malpractice claim in Morocco is three years from the date you knew, or should have known, about the negligence. Moroccan law also recognizes mediation and arbitration as potential methods for resolving such disputes efficiently.
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