Executive Council Resolution No. (22) of 2011
Concerning
Fees and Fines Prescribed for the
Advocacy and Legal Consultancy
Profession in the Emirate of Dubai[1]
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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown
Prince of Dubai and Chairman of the Executive Council,
After perusal of:
Law No. (3) of 1992 Establishing the Dubai Courts and
its amendments;
Law No. (3) of 2003 Establishing the Executive Council
of the Emirate of Dubai;
Law No. (9) of 2004 Concerning Dubai International
Financial Centre and its amendments;
Law No. (32) of 2008 Establishing the Government of
Dubai Legal Affairs Department;
Law No. (14) of 2009 Concerning the Pricing of
Government Services in the Emirate of Dubai; and
Law No. (35) of 2009 Concerning Management of the
Public Funds of the Government of Dubai,
Do hereby issue this Resolution.
The following words and expressions, wherever
mentioned in this Resolution, will have the meaning indicated opposite each of
them unless the context implies otherwise:
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Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
LAD: |
The Government of Dubai
Legal Affairs Department. |
|
Advocate: |
Any natural person who is
registered with, and licensed by, the LAD to provide all Legal Services to
the public. |
|
Legal Consultant: |
Any natural person who is
registered with, and licensed by, the LAD to provide all Legal Services to
the public, except pleading and representing third parties before courts. |
|
Firm: |
An office licensed by the LAD
and the competent entities in the Emirate through which Advocates or Legal
Consultants provide Legal Services to the public, regardless of the legal
form of the Firm, be it a sole establishment, a civil company, or a branch of
a foreign firm. |
|
Legal Services: |
The legal services which
Advocates and Legal Consultants are licensed to provide in the Emirate, and
which include, without limitation, pleading and representing third parties
before judicial authorities, arbitration tribunals and conciliation centres
and institutions, and administrative bodies providing legal opinion and
advice, drafting contracts and any other legal services. |
|
Licence: |
The approval issued by the LAD
under which a Firm is authorised to finalise the licensing procedures with
the competent entity in the Emirate in order to provide Legal Services in the
Emirate. |
The LAD will regulate the advocacy and legal
consultancy profession in the Emirate, including free zones such as the Dubai
International Financial Centre, by registering Advocates and Legal Consultants,
and issuing Licences to Firms through which they practise the profession.
a. No Person may undertake the profession of providing
Legal Services to third parties in the Emirate unless he is registered or licensed
to do so by the LAD.
b. No public or private entity or individual may deal, in
relation to Legal Services, with any Person who is not registered or any entity
not licensed by the LAD.
Applications for registration on the roll of Advocates
and the roll of Legal Consultants, and applications for licensing Firms will be
submitted on the forms designed for this purpose by the LAD. Applications will
be processed in accordance with the relevant rules, conditions, and procedures
in force in the LAD.
The registration and the Licence issued by the LAD will
be valid for one (1) year. The registered individual and Licence holder must
submit an application for renewal of registration or Licence within the last
month of such registration or Licence. The registration and Licence will be
renewed in accordance with the relevant rules, conditions, and procedures prescribed
by the LAD.
a. The LAD will collect the fees stipulated in Schedule
(1) attached to this Resolution for the registration and renewal of
registration of Advocates and Legal Consultants, for issuing and renewing Licences
of Firms, and for any other relevant services provided by the LAD.
b. Notwithstanding the provisions of Paragraph (a) of
this Article, a UAE national Advocate or Legal Consultant who is registered for
the first time with the LAD will:
1. pay fifty percent (50%)
of the prescribed annual Advocate or Legal Consultant registration fee for a
period of three (3) years starting from the date of his registration with the LAD;
2. pay fifty percent (50%)
of the annual fee for licensing and renewal of a licence of a Firm prescribed
by the LAD per each UAE national Advocate or Legal Consultant for a period of three
(3) years starting from the date of licensing the Firm if it is owned by such
Advocate or Legal Consultant, or from the date of joining the Firm if the Firm
is owned by a third party.
A Firm must display the Licence issued by the LAD in a
prominent place where it can be viewed by all persons dealing with the Firm.
A Licence holder must observe the following:
1.
obtain
prior approval from the LAD of any change in the legal form, name, address,
management, or partners of the Firm;
2. report to the LAD any change in the number of
Advocates and Legal Consultants working in the Firm within ten (10) business days
of the change;
3. report to the LAD any change in the professional
status of Advocates and Legal Consultants within fifteen (15) days of the
change, including interruption of practice; and
4. obtain approval from the LAD or report to the LAD any changes
or any other information or data determined by the LAD.
1.
Without
prejudice to any higher penalty stipulated by any other legislation, a person who
commits any violation of this Resolution as specified in Schedule (2) attached
to this Resolution, will be subject to the relevant fine indicated opposite
such violation. The fine will be doubled in case of recurrence of the same
violation within one (1) year from the date of the previous violation, but may
not exceed one hundred thousand Dirhams (AED 100,000.00).
2.
In
addition to the fine stipulated in this Article, the LAD may take any of the
following actions against the violator:
a.
suspension from practising the profession for a period
not exceeding one (1) year;
b.
striking off from the roll; or
c.
revocation of the Licence.
Employees of the LAD nominated by a decision of the
Director General of the LAD will be authorised as law enforcement officers to
prove the violations specified in Schedule (2) attached to this Resolution. In
this capacity, they will be authorised to issue the appropriate violation
reports.
Any concerned party may submit to the Director General
a written grievance in respect of any decision against him within sixty (60)
days from the date of the challenged decision. The grievance will be heard and determined
by a committee formed for this purpose by a resolution of the Director General.
The decision of the said committee on the grievance will be final.
Upon the request of the violator, the LAD may conclude
an amicable settlement with him, subject to the following:
1. The violator submits the request for
settlement within one (1) month from the date of the violation notice.
2. The violator pays at least fifty percent
(50%) of the prescribed fine.
3. The violator has not committed any previous
violation during the year preceding the date of the violation in respect of
which settlement is requested.
4. The violator implements the terms of the
settlement agreement within the time limit stipulated by the LAD.
5. The violator fulfils any other conditions
stipulated by the LAD.
The fees and fines collected pursuant to this
Resolution will be paid to the public treasury of the Government.
The Director General of the LAD will issue the bylaws and
instructions necessary for the implementation of this Resolution.
All Legal Consultants working at Firms must apply for
registration with the LAD by the date their Firm obtains or renews its licence
or within six (6) months of the date on which this Resolution comes into force,
whichever comes first.
Any provision in any other resolution or instructions will
be repealed to the extent that it contradicts the provisions of this
Resolution.
This Resolution will be published in the Official
Gazette and will come into force two (2) months after the date of publication.
Hamdan bin Mohammed bin
Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the
Executive Council
Issued in Dubai on 26 June 2011
Corresponding
to 24 Rajab 1432 A.H.
|
|
Description |
Fee
in Dirhams |
|
I. Licences Issued to Advocacy
Firms and Legal Consultancy Firms |
||
|
1. |
Issuing or renewal of
an Advocacy Firm Licence |
AED
3,000.00 per each Advocate or Legal Consultant employed by the Firm |
|
2. |
Issuing or renewal of
a Legal Consultancy Firm Licence |
AED
3,000.00 per each Legal Consultant employed by the Firm |
|
3. |
Issuing or renewal of
a Licence for a foreign branch office of a Legal Consultancy Firm |
AED
3,000.00 per each Legal Consultant employed by the Firm, provided that the
total fees may not be less than AED 15,000.00 |
|
4. |
Amendments to the
particulars of the Licence of a Firm |
1,000.00 |
|
5. |
Replacement Licence or additional copy of
the Licence of the Firm |
100.00 |
|
II. Registration of
Advocates and Legal Consultants |
||
|
1. |
Registration or
renewal of registration of an Advocate |
2,000.00 |
|
2. |
Registration or
renewal of registration of a Legal Consultant |
2,000.00 |
|
3. |
Amendments to the
particulars of registration of an Advocate or Legal Consultant |
500.00 |
|
4. |
Replacement ID Card
for an Advocate or Legal Consultant |
100.00 |
|
III. Other Services |
||
|
1. |
Issuing a temporary pleading
permit for an advocate not registered with the LAD |
5,000.00 |
|
2. |
Issuing a ‘To whom it
may Concern’ certificate |
200.00 |
|
|
Violation |
Fine
in Dirhams |
|
1. |
Providing or offering
to provide Legal Services in the Emirate without registration with the LAD or
a Licence issued by the LAD |
50,000.00 |
|
2. |
Failure to renew the
Licence or registration within the specified time limit without a valid reason
acceptable to the LAD |
-
AED 1,000.00 per each day of delay with a maximum aggregate
of AED 15,000.00 for the first month -
AED 30,000.00 to be imposed on the violator upon expiry
of the first month. For the purposes of imposing this fine, part of a month will
be rounded up to a full month. |
|
3. |
Failure to obtain
prior approval of the LAD to any change to the legal form, name, address,
management, or partners of the Firm, or failure to provide the LAD, within
the stipulated time limit, with any data or information related to the change
of number of Advocates or Legal Consultants employed by the Firm, any changes
to the professional status of any Advocate or Legal Consultant, or any other
information required by the LAD |
10,000.00 |
|
4. |
Provision of any
false information or data in relation to the Licence of the Firm or
registration of an Advocate or Legal Consultant |
10,000.00 |
|
5. |
Violation of the bylaws
and instructions issued by the LAD |
2,000.00 |
|
6. |
Failure to display
the Licence in a prominent place in the Firm |
5,000.00 |
©2020 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an accurate and
complete English version of this legislation. However, for the purpose of its
interpretation and application, reference must be made to the original Arabic
text. In case of conflict, the Arabic text will prevail.