ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
damental principles or rights enshrined in the Constitution. 1.3 Court Filings and Proceedings Access to and examination of a lawsuit is only permitted for the parties and their attorneys; there is no formal ban on opening hearings to the public, but there are many reasons why the court may prohibit the publicity of hearings. This is the case when it comes to matters or interests related to children or young people, intimacy or the honour of persons, personal data, and pro- fessional or trade secrets. After they have been notified, judgments and explanations of votes, if any, must be disclosed in full on the respective websites, as well as in official publications of said courts, safeguarding the identity of the parties. 1.4 Legal Representation in Court In most cases, the parties must be represented by attorneys. Only lawyers registered with the Angolan Bar are permitted to practise law in Angola; no party may be represented in court by a lawyer who is not registered. Although the registration of for- eign lawyers with the Angolan Bar is not totally prohibited, such membership is currently very restrictive, which makes it very difficult for for- eign lawyers to register. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding is not expressly provided for or practised in Angola, but neither is it expressly prohibited. Under the principle of contractual freedom, it must be assumed that such funding
is permitted in the terms of the Civil Code and commercial and financial regulations. 2.2 Third-Party Funding: Lawsuits As third-party funding is neither prohibited nor regulated, it is allowed for any type of proceed- ings. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding should be considered admis- sible for either plaintiffs or defendants. 2.4 Minimum and Maximum Amounts of Third-Party Funding There are no minimums or maximums stipulated for third-party funding. 2.5 Types of Costs Considered Under Third-Party Funding Any court costs, professional fees and other related costs may be considered for third-party funding. 2.6 Contingency Fees Angolan law does not allow quota litis – ie, fees set exclusively on a contingency basis. However, success fees are allowed and commonly used. 2.7 Time Limit for Obtaining Third-Party Funding There is no deadline for obtaining third-party funding.
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
No pre-trial action is legally required before start- ing a court case. Exceptions occur in labour lawsuits, where a pre-trial conciliation attempt is compulsory in most cases.
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