You want to become an attorney

Введение

To render attorney services, you need to obtain a relevant license. To obtain it, you need to have a legal education, certain employment record and undergo training and certification.   

 In this material, we will describe how to accomplish the steps.  

Who can become an attorney?

A citizen of the country can become a lawyer in Kazakhstan:

  • with higher legal education;
  • completed an internship at the bar association from six months to one year;
  • certified by the attestation commission of Justice;
  • who has received a license to practice law.

How to obtain a license to perform attorney activities?

Submission of application to perform attorney activities is performed through an online service of e-Licensing Portal.

{"id":17108,"source_id":3777,"title":"Issuance of the license to practice law","service_code":"00903005","service_link":"https://idp.egov.kz/idp/r?ts=ELICENSE&url=https%3A%2F%2Felicense.kz%2FLicensingContent%2FCurrentVersionService%3FserviceCode%3DH46"}

After signing in and opening the service page you need to select an activity subtype:

  • For individuals, who terminated the authorities of judge;
  • For individuals, who undergone training and certification;
  • For individuals, who passed a qualification exam;
  • For individuals, who were dismissed from prosecution offices.

Afterwards, select a licensor (Ministry of Justice of the RoK), fill in the fields of request and enclose the following documents:

  1. Electronic copies of medical statements from psychiatric and narcological dispensary issued no earlier than one month (mandatory);
  2. Electronic copy of document certifying the length of employment in prosecution offices and which contains the reason of dismissal pursuant to the Labour Code of the RoK (required for individuals dismissed from prosecution offices with employment length of no less than 10 years in the positions of prosecutor or investigator, except those dismissed for negative reasons) (optional);
  3. Copy of national ID (mandatory);
  4. If you have a diploma issued by a foreign educational organization, you need to provide an electronic copy of document certifying undergoing of nostrification procedure (optional);
  5. Data form containing information on undergoing of training (mandatory);
  6. Electronic abstract of no criminal record (mandatory).

Then, you can pay for national duty (6 MCI) online and sign a request using digital signature.

License will be issued within 15 working days.

How to undergo training and certification to perform attorney activities?

Obtaining a license to practice law is carried out in three stages, which include an internship – to obtain the necessary skills, certification and directly obtaining a license.

A person who has expressed a desire to undergo an internship in order to obtain a license to practice law, applies to the presidium of the bar Association with an application in any form for admission to the internship.

The following documents are attached to the application for admission to the internship:

  • a copy of the identity document of a citizen of the Republic of Kazakhstan;
  • a copy of the diploma of higher legal education (a notarized copy in case of failure to submit the original diploma for verification);
  • self-written autobiography;
  • work record or other document confirming work experience in the legal profession;
  • certificates of narcological and neuropsychiatric dispensaries at the place of residence of the person who expressed a desire to undergo an internship;
  • certificate of no criminal record;
  • two 3x4 cm photos;
  • personnel accounting sheet.

Undergoing of training is stipulated by a separate Regulation. Pursuant to the document, training is performed under the supervision of attorney, who has an employment length of no less than 5 years. Length of training takes from 6 months to one year.

Training is carried out on a paid basis and amount and terms of payment are indicated in a contract.   Payment for each month of training is set in an amount not exceeding 10 MCI.

Note: Training period is included into employment length for a legal profession.    

Certification is carried out pursuant to the Certification Rules and prior to undergoing it, you need to send to the Commission through the e-government web portal:

  • an application in the form of an electronic document signed by an EDS, through the e-government web portal;
  • * a form of information containing information on compliance with the qualification requirements for the type of activity.

Your package of documents will be considered by a specialized Commission.  Based on the results of documents consideration, the Commission makes a substantiated decision on admission to certification or refuses to provide an admission. Certification is free-of-charge.  

The territorial justice authorities will notify you of the place, date, time, and procedure for conducting the certification by sending a short text message to their subscriber number or through the portal to the "personal account" within 1 (one) business day from the date of the decision to admit you to certification.

Certification is carried out in technically equipped testing rooms of the Testing Operator.

Certification consists of two stages of comprehensive computer testing for knowledge of the legislation of the Republic of Kazakhstan, computer testing to check the proper level of practical skills. Certification can be taken in both Kazakh and Russian.

The result of the provision of the public service is drawn up electronically and sent to the "personal account" of the service recipient in the form of an electronic document. a reasoned decision on certification or non-certification. This decision will be valid for 3 years. In case of non-certification, you can undergo re-certification no earlier than thirty calendar days from the date of testing.

Important: The decision on certification is valid for 3 years from the date of its issuance.

What are the cases when an attorney/ public notary license can be terminated?

The practice of law license is terminated for the period of:

  • civil service employment;
  • fulfillment of authorities of Deputy in Parliament of the RoK/ Deputy in local representative body ("Maslikhat") on permanent or full-time basis, which are paid out of budget funds;
  • undergoing of military service;
  • termination of activities by an attorney upon submission of application to the bar council. 
  • the license is terminated for a certain period in the following cases:
  • commencement of proceedings related to withdrawal of license to perform attorney activities (until a decision is made);
  • conviction of attorney as accused for crime pursuant to the criminal law (until sentence comes into legal force);
  • violation of advanced training terms for more than 30 calendar days or refusal to undergo training (until elimination of reasons but no more than 3 months);
  • regular (3 and more times within a year) delivery of government-guaranteed legal assistance that does not comply with quality criteria for delivery of government-guaranteed legal assistance (for 6 months);
  • regular (3 and more times within a year) violation of requirements stipulated by the Law of the Republic of Kazakhstan “On combating money laundering and financing of terrorism” (for 6 months);
  • an attorney performs not only professional but also entrepreneurial or other paid activities, except cases if an attorney is included into supervisory board of commercial organization or elected/assigned as arbitrator for dispute settlement, and also performs teaching, scientific or other creative activities (for 6 months).