Section 15: Licence and security

15. Licence and security (1) No attorney or notary, other than an attorney or a notary in the public service, shall practise law in Mauritius unless— (a) (i) in the case of an attorney, he is a member of the Mauritius Law Society and his name is on the Register of Attorneys; and (ii) in the case of a notary, he holds the prescribed licence; (b) he furnishes to, and maintains with, the Accountant-General, security during the period he is in practice in accordance with this section. (2) The security shall be in the sum of 100,000 rupees in the case of an attorney and 500,000 rupees in the case of a notary and shall be furnished— (a) by deposit in cash; (b) by the subscription of a bond by the law practitioner together with 2 sureties approved by the Chief Justice; (c) by a guarantee issued by any bank or insurance company registered in Mauritius; or (d) in such other form as may be approved by the Chief Justice. (3) The security shall be applied towards the satisfaction of any liability incurred by an attorney or a notary in respect of a client. continued on page L8 – 17 [Issue 4] L8 – 16 (2) Revised Laws of Mauritius (4) Subject to subsection (5), the security shall be refunded to the law practitioner or, as the case may be, shall lapse at the expiry of the period of one year after— (a) he has ceased to practise law; or (b) his name has been erased from the Roll. (5) Where judicial proceedings have been instituted against a law practitioner in connection with any act done or omitted to be done in his professional capacity, the security required under this section shall not be refunded or lapse, as the case may be, until the conclusion of the proceedings. [S. 15 amended by Act 31 of 1994; s. 21 (2) of Act 33 of 2005 w.e.f. 1 February 2006.]