The legal landscape in Brunei Darussalam has entered a new era as the Law Society of Brunei Darussalam, under the leadership of President Haji Mohammad Zainidi bin Haji Abdul Hamid, highlighted the accomplishments of the past year and the aspirations for the future.
The event, marking the commencement of the Legal Year 2025, was attended by notable figures from the legal fraternity both locally and internationally, including members from the Law Society of Singapore, Malaysia Bar Association, and other esteemed Bar associations across the region.
REFLECTING ON THE ACHIEVEMENTS OF 2024
The year 2024 has been a transformative period for the Law Society, marked by a clear focus on professional development, addressing member concerns, and strengthening both local and international relationships.
The president highlighted the society’s key achievements, noting the significant strides made in ensuring the protection and advancement of the legal profession in Brunei. Among the milestones, a notable development was the society’s proactive engagement with the Registry of Companies and Business Names (ROCBN) to discuss new regulatory changes.
The introduction of the Limited Liability Partnership Order and adjustments to the Legal Profession Act were part of ongoing efforts to streamline business operations within the legal sector.
A key step in this process was the introduction of new guidelines requiring Law Society approval for changes to law firm business names, ensuring that firms are properly registered and staffed with qualified legal practitioners.
The year also saw the Law Society address concerns in the realm of intellectual property (IP). Efforts were made to engage with the Brunei Intellectual Property Office regarding the trademark examination process and delays in patent applications.
This dialogue is crucial in refining Brunei’s approach to IP law and ensuring that practitioners have the tools they need to succeed.
Moreover, in collaboration with the Ministry of Development, the Law Society participated in consultations to review proposed amendments to the Land Code.
LEGISLATIVE AND REGULATORY ADVANCEMENTS
A significant achievement for the Law Society in 2024 was the establishment of the Legal Profession (Professional Indemnity Insurance) Rules, 2023.
This regulatory update mandates that all law firms maintain insurance coverage of at least BND1 million, providing a safety net for both legal professionals and their clients.
The implementation of these rules marks a significant step in enhancing the professionalism and accountability of the legal profession in Brunei.
On the professional development front, the Law Society made great strides in training and education. In June 2024, the society conducted a comprehensive four-day Basic Advocacy Training Course in collaboration with the Law Society of Singapore.
This course, which also included a ‘Train the Trainers’ component, attracted participants from both private law firms and the Attorney General’s Chambers, emphasising the society’s commitment to nurturing young legal talent across all sectors of the profession.
Internationally, Brunei’s Law Society strengthened its presence by engaging in regional and global legal dialogues.
The society attended ASEAN Law Association events, contributed to discussions with the Hong Kong Secretary of Justice, and participated in international conferences, such as the International Conference on Legal Aid in Cambodia.
These engagements have helped position Brunei’s legal community as a respected partner in the global legal network.
Furthermore, the Law Society’s partnership with the Law Society of Singapore was formalised in January with the signing of a memorandum of understanding (MoU), strengthening ties between the two legal entities.
EXPANDING ACCESS TO JUSTICE
In 2024, the Law Society continued its dedication to promoting access to justice through initiatives such as monthly legal aid clinics and the introduction of an online legal aid application system.
These efforts have streamlined the process for individuals seeking legal assistance and have made it easier for marginalised groups to access the justice system.
In addition, the society worked closely with the Ministry of Home Affairs and the Prisons Department to facilitate better access for lawyers to their incarcerated clients. This collaboration ensures that the legal profession can uphold the rights of individuals in the justice system, regardless of their location.
LOOKING FORWARD: KEY INITIATIVES FOR 2025
As Brunei enters the Legal Year 2025, the Law Society is set to build on the progress made in the previous year.
The president shared that the focus for 2025 will be on enhancing professional development, regulatory improvements, and collaborative efforts to foster a more transparent and accountable legal system.
One of the key areas of focus for the Law Society will be continuing education and training.
The society plans to offer ongoing advocacy training, as well as specialised workshops in emerging legal fields such as alternative dispute resolution and the digitalisation of legal practice.
These initiatives will help equip legal professionals with the skills needed to navigate the evolving landscape of the legal sector.
Additionally, the Law Society will continue to update its regulatory framework to ensure that it meets the demands of a modern legal system.
This includes the implementation of new insurance requirements for law firms, updating practice guidelines, and reviewing the disciplinary process to ensure fairness and transparency in handling complaints.
The president also highlighted the collaborative efforts between the judiciary, the Attorney General’s Chambers, and the Law Society, particularly through the work of the Joint Legal Affairs Committee (JLAC).
The JLAC’s working groups are focusing on critical areas such as legal profession reforms, client fee disclosures, and the development of continuing professional development (CPD) requirements.
These efforts are integral to strengthening the legal framework and ensuring that the profession continues to grow in a manner that upholds public trust.
CHALLENGES AND OPPORTUNITIES AHEAD
While the Law Society has made great strides, the president acknowledged that challenges remain. Brunei’s relatively small membership base means that the Law Society must carefully balance the interests of its members, the public, and the judiciary.
However, he expressed confidence in the strength and resilience of the legal community, which continues to thrive despite these challenges.
Looking ahead, the Law Society is committed to supporting its members and ensuring that the legal profession remains transparent, ethical, and responsive to the needs of the public.
The society’s efforts will be crucial in helping Brunei achieve its long-term goals, particularly those outlined in Brunei Vision 2035, where the country aspires to be a developed nation with a robust legal framework that promotes justice, fairness, and accountability.
In his closing remarks, the president called for a spirit of service, collaboration, and excellence as the legal community moves forward in the new year. – Rizal Faisal
