General Practice Law at Brunei
In Brunei Darussalam, general practice law covers a wide range of legal services provided by lawyers (known locally as advocates and solicitors) who are licensed to practice in various areas of law, both civil and criminal. Brunei’s legal system is unique in that it incorporates elements of English common law, Islamic (Syariah) law, and local customary law.
Here’s an overview of General Practice Law in Brunei:
⚖️ 1. Legal System of Brunei
Brunei operates a dual legal system:
Civil Law System: Based largely on English common law, used for most civil and criminal matters.
Syariah Law System: Applies to Muslims in personal and family matters (like marriage, divorce, and inheritance) and certain criminal offences under Syariah Penal Code.
The two systems operate in parallel, and a general practice lawyer must be well-versed in navigating both where applicable.
🧑⚖️ 2. Areas Covered in General Practice Law
A general practice lawyer in Brunei typically handles:
Civil Law: Disputes involving contracts, torts, property, defamation, and debt recovery.
Criminal Law: Representation in courts for offences ranging from theft to more serious crimes.
Family Law:
For Muslims: Governed by Islamic Family Law under the Syariah Courts.
For non-Muslims: Governed by civil family law.
Commercial Law: Company formation, contract drafting, trade disputes, etc.
Employment Law: Employment contracts, unfair dismissal, workplace disputes.
Wills and Probate: Drafting wills, estate administration, and inheritance issues.
Real Estate / Conveyancing: Handling property sales, leases, and land matters.
🎓 3. Admission to Practice
To become an advocate and solicitor in Brunei:
Law Degree: Must have an LL.B. or equivalent from a recognized university (often UK-based).
Bar / Legal Practice Course: Must complete a Bar Professional Training Course (UK) or equivalent.
Pupillage: Usually a 1-year chambering under a qualified local practitioner.
Admission: Lawyers are admitted to the Supreme Court of Brunei Darussalam.
Note: Many Brunei lawyers are trained in the UK and admitted in England & Wales before practicing locally.
📚 4. Courts in Brunei
Magistrate’s Court: Handles less serious civil and criminal matters.
Intermediate Court: Deals with more complex or higher-value cases.
High Court (Supreme Court): Handles serious criminal cases and major civil cases.
Court of Appeal: Highest court for civil and criminal appeals.
Syariah Courts: For Islamic personal/family matters and Syariah criminal offences.
🌐 5. Language of Practice
English is the primary language for civil courts and legal documentation.
Malay (Bahasa Melayu) is also used, especially in Syariah Courts.
🏢 6. Legal Profession Regulation
The Attorney General’s Chambers (AGC) and Brunei Darussalam Law Society regulate the legal profession, ensuring proper licensing, discipline, and ethics among practicing lawyers.
💼 7. General Practice Firms
Many law firms in Brunei are small to medium-sized and offer a broad range of services. Lawyers in these firms typically act as both solicitors (handling documentation and client advisory) and advocates (appearing in court).
✅ 8. Legal Ethics and Confidentiality
Lawyers must adhere to high standards of ethics, confidentiality, and professional responsibility, in line with rules established by the Law Society and the courts.
✅ Summary
| Aspect | Details |
|---|---|
| System | Dual (Common Law + Syariah Law) |
| Practice Areas | Civil, Criminal, Family, Corporate, Real Estate, etc. |
| Admission | Law degree + Pupillage + Supreme Court admission |
| Regulatory Bodies | AGC and Brunei Law Society |
| Languages | English (primary), Malay (for Syariah matters) |
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