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LAW ON ADVOCACY OF MONGOLIA

Chapter One
General Provisions

Article 1. Purpose of this law

The purpose of this law is to regulate the principles of advocacy in order to protect
human rights, freedoms and legal interests, to maintain social justice, to regulate
the structure of advocacy and legal services (hereinafter referred to as “advocacy
activities”) and to guarantee the powers of advocates.

Article 2. Legislation on advocacy

1. The legislation on advocacy is comprised of the Constitution of Mongolia,
this law, and other legislation which is consistent with those laws.
2. If an international treaty to which Mongolia is a party is inconsistent with this
law, then the provisions of the international treaty shall prevail.

Article 3. Common principles of advocacy activities

In the performance of advocacy activities, the following principles shall be
observed:
1) the promotion of human rights, freedoms, justice and adherence to the
law;
2) the right to choose an advocate;
3) State protection of the performance of advocacy activities. No
organisation or authority shall interfere with the activities of an
advocate; and
4) an advocate shall faithfully and unreservedly defend the rights and
interests of clients within the bounds of the law.

Article 4. Types of advocacy activities

An advocate shall carry out the following advocacy activities for individuals,
business entities and organisations:
1) the provision of legal advice and information;
2) assistance in the preparation of legal documents;
3) representation before the Courts in civil and criminal cases, and
representation before State central administrative bodies in civil cases
for administrative offences;
4) participation as an advocate in preliminary investigations, inquests and
hearings; and
7—18 Law on Advocacy of Mongolia

5) at the request of clients, other legal services permitted by law.

Article 5. The performance of advocacy activities

1. A client requiring legal services may contact and contract with an advocate
directly or apply to the Association of Advocates. The Association of
Advocates shall provide the names and addresses of professional advocates
and shall appoint the advocate requested.
2. If individuals, business entities or organisations request help in the exercise of
their rights to advocacy or in obtaining legal services, all inquisitorial or
investigatory organisations, Courts and prosecutors must provide the names
and addresses of professional advocates and of organisations regulating
advocacy activities.
3. If a client is incapable of exercising his or her rights to advocacy and legal
services for reasons of health, insolvency or other legitimate reason, or is
unable to choose an advocate, all inquisitorial or investigatory organisations,
Courts and prosecutors must inform the Association of Advocates of the
matter and take measures jointly to appoint an advocate.

Article 6. Organisation of advocacy activities

1. The Association of Advocates shall be a public non-profit making association
of advocates and shall have the following structure:
1) the Association of Mongolian Advocates; and
2) Aimag and capital city Advocates’ Councils.
2. An advocate may set up an advocacy organisation.
3. The Association of Advocates, Advocates’ Councils and advocacy
organisations shall have the rights of legal persons and shall fund their
activities themselves.
4. Citizens of Mongolia permitted to conduct advocacy activities shall register
with the Association of Advocates irrespective of the type of service
provided.
5. The Association of Mongolian Advocates shall provide advocates with
professional and general advocacy skills, training and retraining, shall
represent their rights and interests before the State, administrative and public
organisations, and shall assist advocates in solving their social problems.
6. The organisational structure and activities of the Association shall be
regulated by its rules.
 Law on Advocacy of Mongolia 7—19

Chapter Two
Advocates; Grant of Permission to Conduct
Advocacy Activities; Registration of Advocates

Article 7. Advocates
1. Any citizen of Mongolia who does not have a criminal conviction, satisfies
the qualification requirements to be an advocate, has passed the examination
prescribed by the established rules and is entitled to conduct advocacy
activities, may practice as an advocate. A judge, prosecutor or investigator
may not work as an advocate for one year after leaving that position.
2. A citizen has the right to defend him or herself or may be defended by a
trusted person who has no criminal convictions, even if that person does not
satisfy the other requirements of paragraph 1 of this article.
3. Unless otherwise provided in legislation, a foreign citizen or stateless person
who is permitted to conduct advocacy activities may be engaged in advocacy
activities in the territory of Mongolia in accordance with the established
rules.

Article 8. Professional committee

1. A professional committee to select people intending to conduct advocacy
activities shall be established by the decision of the member of the
Government in charge of legal affairs.
2. The professional committee shall consist of 9 members. The rules of the
professional committee shall be proposed by the Association of Mongolian
Advocates and approved by the member of the Government in charge of legal
affairs.

Article 9. Grant of permission for conducting advocacy activities and

registration of advocates
1. The member of the Government in charge of legal affairs shall grant
permission to conduct advocacy activities to citizens who seek permission to
conduct advocacy activities and who have passed the examination prescribed
by the professional committee.
2. A citizen who is granted permission in accordance with paragraph 1 of this
article shall be registered with the Association of Mongolian Advocates and
may conduct advocacy activities.

Article 10. Release and suspension from conducting advocacy activities

1. If an advocate becomes incapable of carrying out his or her duties as a result
of illness or any other legitimate reason, he or she may be struck off the
register at his or her own request or on the recommendation of the
Association of Mongolian Advocates.
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2. If criminal proceedings are instituted against an advocate, his or her right to

conduct advocacy activities may be suspended until the final decision of the
relevant authority.
3. Any decision in respect of the striking off or suspension from the conduct of
advocacy activities shall be made by the member of the Government in
charge of legal affairs.
4. If any person referred to in paragraph 1 of this article applies to conduct
advocacy activities again, he or she shall be re-registered.

Article 11. Striking off the register

1. The member of the Government in charge of legal affairs shall strike an
advocate off the register if the advocate is convicted of a criminal offence.
2. If an advocate breaches the ethical code of advocates on more than one
occasion, the member of the Government in charge of legal affairs may, in
accordance with the decision of the Advocates’ Disciplinary Council, strike
that advocate off the register for three years.
3. An advocate who has been struck off the register in accordance with
paragraphs 1 and 2 of this article may appeal to a Court.

Chapter Three
Powers of Advocates and Guarantees of Advocacy Activities

Article 12. Rights of advocates

An advocate shall have the following rights when defending or providing
representation:
1) to represent his or her client’s rights and legal interests before any body;
2) to meet alone with defendants including clients, suspects, accused
persons, indictees and prisoners and freely enter places of detainment;
3) to be informed of the evidence in criminal and civil cases, to take notes
and copies of any necessary materials at his or her own expense;
4) to provide evidence, to require further evidence and to inquire about the
conduct of an examination on any important aspect of a case and to
request the opinion of experts;
5) to challenge the participation of any inquisitor, investigator, judge,
prosecutor, Court secretary, representative in Court, expert or interpreter
if there are grounds stipulated in the law;
6) to appeal the decisions and actions of inquisitors, investigators, judges
and prosecutors;
7) to take from any organisation or business entity any documents required
for the case, to copy or make notes from them, or to make any audio and
video recordings for the compilation of case materials;
8) to obtain opinions from professional organisations and specialists on
matters requiring special knowledge;
 Law on Advocacy of Mongolia 7—21

9) to be present at inquiries, investigations and proceedings and to question

suspects, accused persons, indictees, plaintiffs, defendants and other
participants in order to make submissions on behalf of and to elaborate
on the evidence of his or her client;
10) to have access to records of any inquiry or investigation or of the
proceedings at which he or she is present and to present written
submissions;
11) to appear at the sessions of an appeal Court or review Court on his or her
own initiative or at the request of a client, and to lodge appeals and to
make submissions; and
12) to exercise any other rights stipulated in the legislation.

Article 13. Duties of advocates

1. An advocate shall have the following duties:
1) to comply strictly with the Constitution, any other legislation and the
ethical code of advocates;
2) to protect completely and strictly the rights and legal interests of the
client by any means which do not contravene the law;
3) to maintain the confidentiality of information about the State,
organisations, natural persons, and clients acquired in the course of
performing his or her duties as an advocate and while providing
representation; and
4) to accept his or her appointment as an advocate by a relevant advocacy
organisation.
2. It is prohibited for any advocate to purchase, take or possess by illegal means
the property or any other interests of a client for the advocate’s own benefit
or for the benefit of another.

Article 14. Guarantees of advocate activities

1. It is prohibited to exert pressure on, interfere in the activities of, present
obstacles to, demand guarantees from or to intimidate an advocate in the
performance of his or her professional activities.
2. Relevant organisations and officials must provide without delay any
documents and information necessary for advocates in carrying out their
professional duties.
3. It is prohibited to interrogate an advocate as a witness in connection with
information received in the course of his or her advocacy activities, or to
demand the relevant information from the advocate or the staff of advocacy
organisations.
4. The confidentiality of advocacy activities shall have the protection of the law.
5. State, administrative and local self-governing bodies shall give any necessary
support and assistance to an advocate and for the activities of the Association
of Mongolian Advocates and in the training of professionals.
7—22 Law on Advocacy of Mongolia

Article 15. Confidential information

1. Matters relating to advocacy services, the facts of a case, the advice of
advocates, explanations, information and materials in respect of confidential
meetings between advocates and clients shall be confidential.
2. It shall be prohibited to divulge confidential information relating to advocacy
or for an advocate or employee of an advocacy organisation to use
confidential information for the benefit of him or herself or the benefit of
others.

Chapter Four
Other Provisions

Article 16. Fees of advocates

1. Advocacy and other legal services shall be paid for and this shall form the
principal source of income of an advocate.
2. The members of the Government in charge of legal affairs and population
policy and labour shall jointly determine standard fees for legal services on
the recommendation of the Association of Mongolian Advocates.
3. A client and an advocate shall mutually agree on the amount of fees in
accordance with the standards determined pursuant to paragraph 2 of this
article. The amount of fees may be set higher or lower than the standards by
negotiation between the parties.
4. Six percent of the fees shall go to the Association of Mongolian Advocates
and four percent of the fees to a fund for the insurance of advocates’ liability.

Article 17. Advocacy expenses of insolvent citizens

1. The advocacy expenses of insolvent citizens shall be financed from the State
budget.
2. The members of the Government in charge of legal affairs, labour and finance
shall together establish procedures for financing and estimating these
expenses, upon the recommendation of the General Council of the Courts and
the Association of Mongolian Advocates.

Article 18. Liability of advocates

1. If the property of a client is damaged as a result of the negligence of an
advocate the advocate shall compensate the client for the loss.
2. An advocate shall repay the expenses of a client if he or she did not provide
the services stipulated in the contract.
3. An advocate who breaches the law or the professional and ethical code of
advocates shall be subject to the one of the following disciplinary sanctions:
1) warning;
 Law on Advocacy of Mongolia 7—23

2) advance notice of the intention to strike the advocate off the register;
and
3) striking the advocate off the register.
4. If an advocate disagrees with the decision of the Disciplinary Council he or
she may appeal to the Court.
5. The Minister of Justice shall adopt procedures for the imposition of
disciplinary sanctions and the rules of the Disciplinary Council on the
recommendation of the Association of Mongolian Advocates.

Article 19. Coming into force of this law

This law shall come into force on 1 February 1995.

The Chairman of the State Ih Hural of Mongolia

N Bagabandi