Shafaq News/ Following the recent amendments to Iraq's General Amnesty Law, some lawyers have raised their fees by as much as 16 times the usual rate, exploiting the lack of fee regulations and the market-driven nature of legal services.
On January 21, 2025, Iraq's parliament passed the amended General Amnesty Law, which began to be implemented in February. The first release under the law occurred on February 8 when a lawyer in Kirkuk successfully filed a request. According to parliamentary sources, the law is expected to benefit over 57,000 detainees across various charges.
Skyrocketing Legal Fees
The implementation of the General Amnesty Law has led to an overwhelming number of legal requests, putting pressure on the courts. This has prompted some lawyers to seize the opportunity by charging exorbitant fees for processing amnesty applications. Legal expert Mohammed Jumaa explained that submitting an amnesty request is a relatively straightforward process, requiring only the filing of an application and following up until the inmate's release.
However, despite the simplicity of the procedure, some lawyers are demanding as much as 8 million dinars ($5,500) for a service that typically costs between 500,000 and 700,000 dinars. “This price hike is not confined to Baghdad,” Jumaa noted. “Similar fee increases have been reported in other provinces, particularly in the first month after the law’s enactment.” The rising costs are adding significant financial strain on detainees and their families, many of whom are struggling to afford the legal services they need.
Absence of Fixed Legal Fees
Iraq’s legal profession operates within the private sector, with over 100,000 licensed lawyers, which means fees are typically negotiated on a case-by-case basis. Legal expert Jamal Al-Asadi explained that legal fees should be agreed upon through a formal contract. "If a lawyer fails to meet the terms of the contract, the client is entitled to request a full or partial refund," he said.
However, the absence of a standardized fee structure leaves clients vulnerable to exploitation. While the Bar Association has committees in place to monitor attorneys' conduct and investigate complaints of overcharging, there are currently no fixed fee regulations, allowing some lawyers to take advantage of the situation.
Calls for Reform
The surge in legal fees has sparked calls for reform to protect clients from price manipulation while maintaining the autonomy of the legal profession. Aref Al-Hamami, a member of the parliamentary legal committee, acknowledged the concerns surrounding high legal fees but emphasized that the pricing remains a matter of supply and demand. "If a lawyer's fees are too high, clients have the option to seek alternative representation," Al-Hamami said.
Despite these concerns, efforts to amend Iraq's Bar Association Law have faced significant political opposition. Al-Hamami noted that the amendments are legally and legislatively complete but are still awaiting a parliamentary vote. "The amendments are ready; it’s just a matter of getting them through parliament," he explained.
In addition, Iraq’s High Commission for Human Rights has raised concerns about the lack of enforcement of the Legal Aid Law (Law No. 7 of 2024), which provides state-funded legal representation for detainees who cannot afford private lawyers. Despite being in effect for over a year, the law has yet to be fully implemented. Saad Al-Badiri, spokesperson for the Commission, emphasized that the absence of legal aid enforcement leaves many detainees without affordable legal assistance. “This is an ongoing issue, and it needs immediate attention,” Al-Badiri said.