Administrative
Resolution No. (52) of 2022
Approving the Bylaws
Concerning the Licensing of
Advocacy Firms and Legal
Consultancy Firms in the Emirate of Dubai[1]
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The Director General of the Government of Dubai Legal Affairs
Department,
After perusal of:
Article (5)(15) of Law No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department (the “LAD”), which provides that the LAD is in charge of licensing advocacy and legal consultancy profession and firms; monitoring their practice; and issuing the required regulations, bylaws and resolutions;
Law No. (8) of 2016 Regulating the Grant of Law Enforcement Capacity in the Government of Dubai and its Implementing Bylaw;
The powers to regulate the advocacy and legal consultancy profession and to issue the relevant bylaws and instructions, vested in the Government of Dubai Legal Affairs Department under Articles (2) and (14) of Executive Council Resolution No. (22) of 2011 Concerning the Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai;
Administrative Resolution No. (235) of 2015 Approving the Bylaw Concerning the Licensing of Advocacy Firms in the Emirate of Dubai and its amendments;
Administrative Resolution No. (236) of 2015 Approving the Bylaw Concerning the Licensing of Legal Consultancy Firms in the Emirate of Dubai and its amendments; and
Administrative Resolution No. (51) of 2022 Approving the Bylaws Concerning the Registration of Advocates and Legal Consultants in the Emirate of Dubai,
Does hereby issue this Resolution.
Pursuant to this Resolution, the Bylaw Concerning the Licensing of Advocacy Firms and the Bylaw Concerning Legal Consultancy Firms in the Emirate of Dubai, attached hereto, are approved.
This Resolution supersedes the above-mentioned Administrative Resolution No. (235) of 2015 and Administrative Resolution No. (236) of 2015. The resolutions and instructions issued in implementation of the superseded resolutions will continue in force to the extent that they do not contradict the provisions of this Resolution.
This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.
Dr. Lowai Mohamed Khalfan
Belhoul
Director General
Government of Dubai Legal Affairs Department
Issued in Dubai on 21 December 2022
Corresponding to 27 Jumada
al-Ula 1444 A.H.
I. Bylaw Concerning the Licensing of Advocacy Firms in the Emirate of
Dubai
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This Bylaw will be cited as the “Bylaw Concerning the Licensing of Advocacy Firms in the Emirate of Dubai”.
The following words and expressions, wherever mentioned in this Bylaw, will have the meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
LAD: |
The Government of Dubai Legal Affairs Department. |
|
Director General: |
The director general of the LAD. |
|
Licensing Authority: |
The entity legally in charge of licensing the conduct of economic activities by establishments operating in the Emirate, including in free zones, such as the Dubai International Financial Centre. |
|
Resolution: |
Executive Council Resolution No. (22) of 2011 Concerning the Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai. |
|
Licence: |
A document issued by the LAD authorising an Advocacy Firm to provide Legal Services in the Emirate. |
|
Advocacy Firm: |
A sole proprietorship or company licensed by the LAD and a Licensing Authority in the Emirate to provide Legal Services to the public. |
|
Advocate: |
A natural person who is registered on the Roll in the category of practising advocates; or otherwise, where the context requires, who is registered in the category of non-practising advocates. |
|
Legal Consultant: |
A natural person who is registered on the Roll in the category of practising Legal Consultants and who is authorised by the LAD to provide, through an Advocacy Firm or a Legal Consultancy Firm, Legal Services to the public, except for Pleading and representing others before the Dubai Courts (comprising the Courts of First Instance, the Court of Appeal, and the Court of Cassation). |
|
Legal Services: |
The legal services which Advocacy Firms are licensed to provide in the Emirate. These include, but are not limited to, Pleading; representing others before judicial authorities, security departments, arbitration tribunals and centres, conciliation committees, and other entities; providing legal opinion and advice; drafting contracts; registering and liquidating companies; concluding settlements; and providing other legal services. |
|
Register: |
The paper or electronic record maintained by the LAD for the purpose of recording all details related to Advocacy Firms. |
|
Roll: |
The paper or electronic record maintained by the LAD for the Registration of Advocates under different categories and recording their details, as stipulated in the Bylaw Concerning the Registration of Advocates approved pursuant to the above-mentioned Administrative Resolution No. (51) of 2022. |
a. The provisions of this Bylaw apply to the Advocacy Firms providing Legal Services to the public in the Emirate, including in free zones, such as the Dubai International Financial Centre.
b. The provisions of this Bylaw do not apply to Government Entities, to corporations and companies that do not provide Legal Services to the public, or to any other entity that the LAD deems not governed by the provisions hereof as per the relevant rules and standards prescribed by the LAD.
For the purposes of implementing this Bylaw, the LAD will have the duties and powers to:
1. classify Advocacy Firms based on their legal form;
2. establish the requirements and rules that must be met, and the procedures that must be followed, to license Advocacy Firms in the Emirate;
3. determine the applications for issuing, renewing, and varying the details of, the Licences of Advocacy Firms in the Emirate;
4. create the Register and determine the details that must be entered therein, including the classification categories of Advocacy Firms;
5. establish the requirements that must be met by the managing directors of Advocacy Firms, and determine their duties and functions;
6. establish the rules for suspending Advocacy Firms from providing Legal Services and for revoking their Licences, in accordance with legislation in force in the Emirate, including the bylaws, resolutions, and instructions issued by the LAD;
7. establish the rules for ceasing the provision of Legal Services by Advocacy Firms, and revoking their Licences, upon their own request;
8. oversee Advocacy Firms and monitor their work in accordance with the provisions of the Resolution and the bylaws, resolutions, and instructions issued by the LAD;
9. record violations; and receive, investigate, and take the necessary action in respect of, the complaints filed against Advocacy Firms and against those providing Legal Services without obtaining a Licence from the LAD;
10. enforce the penalties prescribed by the Resolution on those violating its provisions or the provisions of the bylaws, resolutions, and instructions issued by the LAD;
11. prepare the forms required for the implementation of the provisions of this Bylaw; and
12. perform any other duties falling within its functions and pertaining to the licensing of Advocacy Firms in the Emirate.
a. Legal Services may only be provided to the public through an Advocacy Firm licensed by the LAD to operate in the Emirate.
b. The premises of an Advocacy Firm must be located in the Emirate and must be suitable for providing the Legal Services. The premises may be held by the Advocacy Firm or by any of the partners therein as an owner, a usufructuary, or a lessee; but may not be shared by two or more Advocacy Firms. The premises will be deemed as the domicile for the purposes of serving communications and notices relating to the implementation of this Bylaw.
c. An Advocacy Firm may not open a branch within the Emirate without first obtaining the approval of the LAD in accordance with the requirements adopted by the LAD in this respect.
Except for the Advocacy Firms operating in the Emirate by the effective date of this Bylaw, the name of an Advocacy Firm must:
1. indicate the type of the offered Legal Services;
2. feature the name of the owner, where the Advocacy Firm takes the form of a sole proprietorship;
3. feature the names of all or any of the partners or shareholders, where the Advocacy Firm takes the form of a company. The LAD may, upon the request of the partners or where necessary, authorise the Advocacy Firm to have a name that does not feature the personal names of the partners.
A register of the Advocacy Firms licensed to operate in the Emirate will be created by the LAD. The LAD will determine the details that must be included in the Register, including the legal form of the Advocacy Firm, its areas of work, and any variations to the details of its Licence.
a. Advocacy Firms operating in the Emirate must take the legal form of a sole proprietorship or a company established in the Emirate.
b. The legal forms referred to in paragraph (a) of this Article must be compliant with the legislation in force in the Emirate and the requirements stipulated in this Bylaw.
a.
Licensing an Advocacy Firm that takes the
form of a sole proprietorship will be subject to the following
requirements:
1. The applicant for Licence must be a UAE national.
2. The applicant for Licence must be registered on the Roll maintained by the LAD as a practising Advocate; or otherwise meet the requirements for Registration in that category as prescribed by the Bylaw Concerning the Registration of Advocates, and apply for Registration on the Roll.
3. The applicant for Licence must have legal work experience of no less than two (2) consecutive years in the UAE.
4. The applicant for Licence must submit a professional work plan on the relevant form prescribed by the LAD.
5. The applicant for Licence must be the managing director of the Advocacy Firm throughout the term of the Licence.
6. Any other requirements prescribed by the LAD must be met.
b. Licensing an Advocacy Firm that takes the legal form of a company established in the Emirate will be subject to the following requirements:
1. The applicants for Licence must be UAE nationals. However, the LAD may exempt certain partners from meeting this requirement in accordance with the rules it prescribes in this respect.
2. The applicants for Licence must be registered on the Roll maintained by the LAD as practising Advocates; or otherwise meet the requirements for Registration in this category as prescribed by the Bylaw Concerning the Registration of Advocates, and apply for Registration on the Roll.
3. The applicants for Licence must have legal work experience of no less than two (2) consecutive years in the UAE.
4. The applicants for Licence must choose from amongst themselves the managing director of the Advocacy Firm;
5. The applicants for Licence must submit a professional work plan on the relevant form prescribed by the LAD.
6. All Advocates and Legal Consultants working for the Advocacy Firm must be registered on the Roll maintained by the LAD as practising Advocates or Legal Consultants; or otherwise meet the requirements for Registration in these categories as prescribed by the Registration bylaws approved by the LAD, and apply for Registration on the Roll.
7. Any other requirements prescribed by the LAD must be met.
c. Notwithstanding the provisions of paragraph (b) of this Article, the LAD may, subject to the relevant rules and requirements it prescribes, admit as a Licence applicant any Legal Consultant registered on the Roll as a practising Legal Consultant in accordance with the relevant Bylaw approved by the LAD, or any foreign advocacy firm or foreign legal consultancy firm that meets the requirements for licensing Legal Consultancy Firms prescribed by the relevant Bylaw approved by the LAD.
d. Where the applicant for a Licence owns an advocacy firm in another emirate, licensing the Advocacy Firm will be subject to the following requirements:
1. Notwithstanding the provisions of sub-paragraph (a)(5) of this Article, where the Advocacy Firm takes the form of a sole proprietorship, an Advocate who permanently resides in the Emirate must be appointed as the managing director of the Advocacy Firm under an employment contract concluded for this purpose.
2. Where the Advocacy Firm takes the form of a company established in the Emirate, a partner who permanently resides in the Emirate must be appointed as the managing director of the Advocacy Firm.
In the above cases, the rules prescribed by the LAD in this respect will apply.
e. For the purpose of licensing an Advocacy Firm by the LAD, and in addition to satisfying the requirements stipulated in paragraphs (a), (b), (c), and (d) of this Article, the firm must:
1. pay the fees prescribed for licensing Advocacy Firms in accordance with the procedures adopted by the LAD in this respect; and
2. submit a valid professional indemnity insurance policy which covers all risks and malpractices relating to the practice of the advocacy profession in accordance with the relevant requirements and rules prescribed by the LAD.
The renewal of a Licence will be subject to the following requirements:
1. The Advocacy Firm must continue to be in compliance with the requirements stipulated in Articles (9) and (15) of this Bylaw. An Advocacy Firm licensed to operate in the Emirate by the effective date of this Bylaw will be exempt from the UAE nationality requirements.
2. The title deed, usufruct agreement, or lease agreement of the premises of the Advocacy Firm must be in the name of the Advocacy Firm, the owner of the sole proprietorship, or any of the partners or shareholders in the Advocacy Firm. A lease agreement must be valid and certified by the competent entities in the Emirate.
3. All Advocates and Legal Consultants working for the Advocacy Firm must be registered with the LAD as practising Advocates or practising Legal Consultants, and their Registration must be valid on the date of renewal of the Licence.
4. The details of the licence issued to the Advocacy Firm by the Licensing Authority must conform to the details stated in the Licence renewal application.
5. The professional indemnity insurance policy must be valid at the time of applying for the Licence renewal.
6. The fees prescribed for the Licence renewal must be paid in accordance with the relevant procedures adopted by the LAD.
7. Any other requirements prescribed by the LAD must be met.
a. Applications for a new Licence, renewal of a Licence, or variation of the details of a Licence, and all other applications stipulated in this Bylaw, will be submitted on the forms prescribed by the LAD and accompanied by the documents specified by the LAD for this purpose.
b. Applicants for a Licence may not obtain or renew a licence issued by the Licensing Authority without first obtaining the approval of the LAD. This approval will be issued in accordance with the relevant procedures adopted by the LAD.
Applications for a new Licence, renewal of a Licence, or variation of the details of a Licence, and all other relevant applications, will be determined by the LAD in accordance with the requirements and procedures stipulated in this Bylaw. The LAD must notify the applicant of its decision in this regard within two (2) working days from the date of its issuance.
a. A Licence will be valid for a period of one (1) year, renewable for the same period. A renewal application must be submitted within one (1) month prior to the date of expiry of the Licence.
b. Where an Advocacy Firm fails, without a reason acceptable to the LAD, to renew its Licence within the period mentioned in paragraph (a) of this Article, the penalties stipulated in the Resolution will be imposed on the Advocacy Firm.
a. A Licence will be issued in the name of the applicant for the Licence, and may not be assigned to a third party.
b. Without prejudice to the rights of third parties, in the event of death of the Licence holder or liquidation of the Advocacy Firm, the universal or particular successors will not acquire the capacity of Licence holder. The LAD will determine the procedures for the management of the Advocacy Firm in accordance with the rules it prescribes in this respect.
An Advocacy Firm must comply with the legislation regulating the advocacy profession in the Emirate. In particular, it must:
1. not conduct, and ensure that its Advocates and Legal Consultants do not conduct, any activity other than the provision of the authorised Legal Services;
2. ensure, in accordance with the relevant rules prescribed by the LAD, that none of the Licence holders or the partners in the Advocacy Firm is an owner or partner in any other Advocacy Firm or Legal Consultancy Firm in the Emirate that is licensed by the same Licensing Authority;
3. ensure that the Advocates and Legal Consultants working for the Advocacy Firm are not working for any other Advocacy Firm or Legal Consultancy Firm in the Emirate;
4. ensure that all Licence holders, partners, Advocates, and Legal Consultants working for the Advocacy Firm are registered with the LAD as practising Advocates or practising Legal Consultants; that they are working for the Advocacy Firm on a full-time basis; and that they are not engaged in any other commercial or professional activity, except for teaching or training in a legal field or for a legal profession;
5. not engage any Advocate or Legal Consultant who is not registered with the LAD as a practising Advocate or a practising Legal Consultant, subject to the provisions pertaining to visiting legal consultants stipulated in Article (15) of the Bylaw Concerning the Registration of Legal Consultants approved by the LAD;
6. have a managing director throughout the term of the Licence; and
7. meet any other obligations prescribed by the LAD under the bylaws, resolutions, and instructions it issues in this respect.
The managing director of an Advocacy Firm must:
1. supervise the work of Advocates and Legal Consultants working for the Advocacy Firm;
2. ensure compliance by the Advocacy Firm and its employees with the obligations stipulated in the Resolution, and with the bylaws, resolutions, and instructions issued by the LAD; and represent the Advocacy Firm before the LAD;
3. ensure that the Licence is displayed in a prominent place where it
can be viewed by all persons dealing with the Advocacy Firm;
4. obtain the LAD's prior approval before changing the legal form, name, address, partners, or managing director of the Advocacy Firm; establishing a branch of the Advocacy Firm or changing its address; entering into merger or demerger; adding or removing a partner; or making any changes to the legal form of the Advocacy Firm;
5. inform the LAD of any change in the number of the Advocates or Legal Consultants working for the Advocacy Firm within ten (10) working days from the date of that change;
6. inform the LAD of any change in the professional status of any of the Advocates or Legal Consultants working for the Advocacy Firm, including ceasing the practice of the profession, within fifteen (15) days from the date of that change;
7. provide the LAD, in accordance with the rules and procedures it prescribes in this respect, with the details of the legal researchers and other employees working for the Advocacy Firm who hold bachelor's degrees, equivalent degrees, or any other academic qualification in law and perform any work of legal nature in the Advocacy Firm;
8. obtain the LAD's prior approval before ceasing the provision of Legal Services by the Advocacy Firm for any reason whatsoever, in order for the LAD to take the action it deems appropriate in this respect;
9. maintain all files, documents, and information relating to the Advocacy Firm and the Legal Services provided by it for a period of not less ten (10) years, and make the same accessible to the LAD upon request;
10. maintain records of all the details of the Advocates and Legal Consultants working for the Advocacy Firm for the duration of their service with the firm and for a period of not less than five (5) years after the end of their service, and make the same accessible to the LAD upon request; and
11. meet any other obligations prescribed by the LAD under the bylaws, resolutions, and instructions it issues in this respect.
a. The LAD may, upon the request of an Advocacy Firm and for reasons acceptable to the LAD, authorise the Advocacy Firm to suspend the provision of Legal Services for a specified period of time, subject to providing an undertaking that the Advocacy Firm has no pending obligations as a result of providing the Legal Services. In any event, the suspension must not compromise the interests of clients.
b. The LAD may, upon the request of an Advocacy Firm, revoke its Licence, subject to providing an undertaking that the Advocacy Firm has no pending obligations as a result of providing the Legal Services. In any event, the revocation must not compromise the interests of clients.
a. The LAD may temporarily suspend the Licence of an Advocacy Firm for a period not exceeding one (1) year, or revoke the Licence pursuant to a resolution issued by the Director General or his authorised representative, in any of the following cases:
1. where the Advocacy Firm fails to renew its Licence within three (3) months after its expiry without a valid reason acceptable to the LAD;
2. where the licence issued to the Advocacy Firm by the Licensing Authority is cancelled;
3. where a final court judgement is issued suspending or revoking the Licence issued by the LAD or the licence issued by the Licensing Authority; or
4. where the Advocacy Firm is liquidated.
b. The LAD may temporarily suspend the Licence of an Advocacy Firm for a period not exceeding one (1) year, or revoke the Licence pursuant to a resolution issued by the Director General or his authorised representative, in case the Advocacy Firm ceases or fails to meet any of terms of its Licence or fails to comply with the provisions of the legislation in force in the Emirate or the provisions of any of the bylaws, resolutions, and instructions issued by the LAD.
a. Any affected party may submit to the Director General a written grievance contesting any of the violations, stated in Schedule (2) attached to the Resolution, that are attributed to him. The grievance must be submitted within a period of thirty (30) days commencing from the day following the date of being notified of the contested violation, in accordance with the provisions of Article (11) of the above-mentioned Law No. (8) of 2016.
b. Except for the violations referred to in paragraph (a) of this Article, any affected party may submit to the Director General, in accordance with the provisions of Article (11) of the Resolution, a written grievance against any decision taken against him under this Bylaw. The grievance must be submitted within sixty (60) days from the date of being notified of the contested decision.
c. The grievances referred to in paragraphs (a) and (b) of this Article will be considered and determined by a committee formed by the Director General for this purpose, and the decisions issued by that committee on the grievances will be final.
II. Bylaw Concerning the Licensing of Legal Consultancy Firms
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This Bylaw will be cited as the “Bylaw Concerning the Licensing of Legal Consultancy Firms in the Emirate of Dubai”.
The following words and expressions, wherever mentioned in this Bylaw, will have the meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
LAD: |
The Government of Dubai Legal Affairs Department. |
|
Director General: |
The director general of the LAD. |
|
Licensing Authority: |
An entity legally in charge of licensing the conduct of economic activities by establishments operating in the Emirate, including in free zones, such as the Dubai International Financial Centre. |
|
Resolution: |
Executive Council Resolution No. (22) of 2011 Concerning [the] Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai. |
|
Licence: |
A document issued by the LAD authorising a Legal Consultancy Firm to provide Legal Services in the Emirate. |
|
Legal Consultancy Firm: |
A sole proprietorship, a company, or a partnership established in the Emirate, or a branch of a foreign firm, licensed by the LAD and a Licensing Authority in the Emirate to provide Legal Services to the public. |
|
Legal Consultant: |
A natural person who is registered on the Roll in the category of practising Legal Consultants; or otherwise, where the context requires, who is registered in the category of non-practising Legal Consultants. |
|
Legal Services: |
The legal services which Legal Consultancy Firms are licensed to provide in the Emirate. These include, but are not limited to, providing legal opinion and advice; drafting contracts; registering and liquidating companies; concluding settlements; representing others before arbitration tribunals and centres, conciliation committees, and other entities; and providing other legal services, except for Pleading and representing others before the Dubai Courts (comprising the Courts of First Instance, the Court of Appeal, and the Court of Cassation). |
|
Register: |
The paper or electronic record maintained by the LAD for the purpose of recording all details related to Legal Consultancy Firms. |
|
Roll: |
The paper or electronic record maintained by the LAD for the Registration of Legal Consultants under different categories and recording their details, as stipulated in the Bylaw Concerning the Registration of Legal Consultants approved pursuant to the above-mentioned Administrative Resolution No. (51) of 2022. |
a. The provisions of this Bylaw apply to the Legal Consultancy Firms providing Legal Services to the public in the Emirate, including in free zones, such as the Dubai International Financial Centre.
b. The provisions of this Bylaw do not apply to Government Entities, to corporations and companies that do not provide Legal Services to the public, or to any other entity that the LAD deems not governed by the provisions hereof as per the relevant rules and standards prescribed by the LAD.
For the purposes of implementing this Bylaw, the LAD will have the duties and powers to:
1. classify Legal Consultancy Firms based on their legal form;
2. establish the requirements and rules that must be met, and the procedures that must be followed, for licensing Legal Consultancy Firms in the Emirate, based on their classification categories;
3. determine the scope of Legal Services that Legal Consultancy Firms may provide in the Emirate, taking into account the qualifications, competencies, and experience of those working in these Legal Consultancy Firms;
4. determine the applications for issuing, renewing, and varying the details of, the Licences of Legal Consultancy Firms;
5. create the Register and determine the details that must be entered therein, including the classification categories of Legal Consultancy Firms;
6. establish the requirements that must be met by the managing directors of Legal Consultancy Firms, and determine their duties and functions;
7. establish the rules for suspending Legal Consultancy Firms from providing Legal Services and for revoking their Licences, in accordance with legislation in force in the Emirate, including the bylaws, resolutions, and instructions issued by the LAD;
8. establish the rules for ceasing the provision of Legal Services by Legal Consultancy Firms, and revoking their Licences, upon their own request;
9. oversee Legal Consultancy Firms and monitor their work in accordance with the provisions of the Resolution and the bylaws, resolutions, and instructions issued by the LAD;
10. record violations; and receive, investigate, and take the necessary action in respect of, the complaints filed against Legal Consultancy Firms and against those providing Legal Services without obtaining a Licence from the LAD;
11. enforce the penalties prescribed by the Resolution on those violating its provisions or the provisions of the bylaws, resolutions, and instructions issued by the LAD;
12. prepare the forms required for the implementation of the provisions of this Bylaw; and
13. perform any other duties falling within its functions and pertaining to the licensing of Legal Consultancy Firms in the Emirate.
a. Legal Services may only be provided to the public through a Legal Consultancy Firm licensed by the LAD to operate in the Emirate.
b. A Legal Consultancy Firm may not provide any Legal Services that are outside the scope of services it is authorised by the LAD to provide.
c. The premises of a Legal Consultancy Firm must be located in the Emirate and must be suitable for providing Legal Services. The premises may be held by the Legal Consultancy Firm or by any of the partners therein as an owner, a usufructuary, or a lessee; but may not be shared by two or more Legal Consultancy Firms. The premises will be deemed as the domicile for the purposes of serving communications and notices relating to the implementation of this Bylaw.
d. A Legal Consultancy Firm may not open a branch within the Emirate without first obtaining the approval of the LAD in accordance with the requirements adopted by the LAD in this respect.
Except for the Legal Consultancy Firms operating in the Emirate by the effective date of this Bylaw, the name of a Legal Consultancy Firm must:
1. indicate the type of the offered Legal Services;
2. feature the name of the owner, where the Legal Consultancy Firm takes the form of a sole proprietorship;
3. feature the names of all or any of the partners or shareholders, where the Legal Consultancy Firm takes the form of a company or partnership. The LAD may, upon the request of the partners or where necessary, authorise the Legal Consultancy Firm to have a name that does not feature the personal names of the partners.
4. be the same as the name of the parent firm, where the Consultancy Firm is a branch of a foreign firm in the Emirate. In this case, the name of the Legal Consultancy Firm or the licence issued by the Licensing Authority must indicate that it is a branch of a foreign firm.
A register of the Legal Consultancy Firms licensed to operate in the Emirate will be created by the LAD. The LAD will determine the details that must be included in the Register, including the legal form of the Legal Consultancy Firm, its areas of work, and any variations to the details of its Licence.
a. Legal Consultancy Firms operating in the Emirate must take one of the following legal forms:
1. a sole proprietorship;
2. a company or partnership established in the Emirate; or
3. a branch of a foreign firm.
b. The legal forms referred to in paragraph (a) of this Article must be compliant with the legislation in force in the Emirate and the requirements stipulated in this Bylaw.
a. Licensing a Legal Consultancy Firm that takes the form of a sole proprietorship will be subject to the following requirements:
1. The applicant for Licence must be a UAE national.
2. The applicant for Licence must be registered on the Roll maintained by the LAD as a practising Legal Consultant; or otherwise meet the requirements prescribed by the Bylaw Concerning the Registration of Legal Consultants approved by the LAD, and apply for Registration on the Roll.
3. The applicant for Licence must have legal work experience of no less than two (2) consecutive years in the UAE.
4. The applicant for Licence must submit a professional work plan on the relevant form prescribed by the LAD.
5. The applicant for Licence must be the managing director of the Legal Consultancy Firm throughout the term of the Licence.
6. Any other requirements prescribed by the LAD must be met.
b. Licensing a Legal Consultancy Firm that takes the form of a company or partnership established in the Emirate will be subject to the following requirements:
1. The applicants for Licence must be UAE nationals. However, the LAD may exempt certain partners from meeting this requirement in accordance with the rules it prescribes in this respect.
2. The applicants for Licence must be registered on the Roll maintained by the LAD as practising Legal Consultants; or otherwise meet the requirements prescribed by the Bylaw Concerning the Registration of Legal Consultants approved by the LAD, and apply for Registration on the Roll.
3. The applicants for Licence must have legal work experience of no less than two (2) consecutive years in the UAE.
4. The applicants for Licence must choose from amongst themselves the managing director of the Legal Consultancy Firm.
5. The applicants for Licence must submit a professional work plan on the relevant form prescribed by the LAD.
6. All the Legal Consultants of the Legal Consultancy Firm must be registered on the Roll maintained by the LAD as practising Legal Consultants; or otherwise meet the requirements prescribed by the Bylaw Concerning the Registration of Legal Consultants approved by the LAD, and apply for Registration on the Roll.
7. Any other requirements prescribed by the LAD must be met.
c. Licensing a Legal Consultancy Firm that takes the form of a branch of a foreign firm in the Emirate will be subject to the following requirements:
1. The parent foreign firm must submit an application for licensing a Legal Consultancy Firm in the Emirate and must submit with the application a professional work plan on the form prescribed by the LAD for this purpose.
2. The parent foreign firm must have good international reputation in the legal field.
3. The parent foreign firm must have been established at least eight (8) years before the application. Where the firm was established as a result of a merger or acquisition between more than one legal consultancy firm, the number of years since the establishment of the oldest firm which is a party to that merger or acquisition will be taken into account.
4. The parent foreign firm must have branches or partnerships in at least two (2) different countries, or branches or partnerships in three (3) different legislative jurisdictions within the same country, subject to the LAD discretion.
5. The owners of the parent foreign firm must appoint, from amongst themselves or other persons, a managing director for the foreign firm branch. This managing director must have at least eight (8) years of legal work experience.
6. The managing director and the Legal Consultants working for the foreign firm branch must be registered on the Roll maintained by the LAD as practising Legal Consultants; or otherwise meet the requirements prescribed by the Bylaw Concerning the Registration of Legal Consultants approved by the LAD, and apply for Registration on the Roll. The number of the Legal Consultants of the branch, including its managing director, may not be less than three (3).
7. Any other requirements prescribed by the LAD must be met.
d. Where the applicant for Licence owns a legal consultancy firm in another emirate, licensing the Legal Consultancy Firm will be subject to the following requirements:
1. Notwithstanding the provisions of sub-paragraph (a)(5) of this Article, where the Legal Consultancy Firm takes the form of a sole proprietorship, a UAE-national Legal Consultant who permanently resides in the Emirate must be appointed as the managing director of the Legal Consultancy Firm under an employment contract concluded for this purpose.
2. Where the Legal Consultancy Firm takes the form of a company or partnership established in the Emirate, a partner who permanently resides in the Emirate must be appointed as the managing director of the Legal Consultancy Firm.
In the above cases, the rules prescribed by the LAD in this respect will apply.
e. For the purpose of licensing a Legal Consultancy Firm by the LAD, and in addition to satisfying the requirements stipulated in paragraphs (a), (b), (c), and (d) of this Article, the firm must:
1. pay the fees prescribed for licensing Legal Consultancy Firms in accordance with the procedures adopted by the LAD in this respect; and
2. submit a valid professional indemnity insurance policy which covers all risks and malpractices relating to the practice of the legal consultancy profession in accordance with the relevant requirements and rules prescribed by the LAD.
f. Notwithstanding the provisions of sub-paragraphs (a)(1), (b)(1), and (c)(4) of this Article, the LAD may issue a Legal Consultancy Firm Licence to non-UAE nationals or to branches of foreign firms if the applicant for Licence would provide unique Legal Services that are needed in the Emirate or crucial specialised Legal Services that are not sufficiently offered by the Legal Consultancy Firms in the Emirate. To issue a Legal Consultancy Firm Licence to a non-UAE national in accordance with the provisions of this paragraph, the applicant for Licence must have at least eight (8) years of legal work experience.
The renewal of a Licence will be subject to the following requirements:
1. The Legal Consultancy Firm must continue to be in compliance with the requirements stipulated in Articles (9) and (15) of this Bylaw. A Legal Consultancy Firm licensed to operate in the Emirate by the effective date of this Bylaw will be exempt from the UAE nationality requirements.
2. The title deed, usufruct agreement, or lease agreement of the premises of the Legal Consultancy Firm must be in the name of the Legal Consultancy Firm, the owner of the sole proprietorship, or any of the partners or shareholders in the Legal Consultancy Firm. A lease agreement must be valid and certified by the competent entities in the Emirate.
3. All Legal Consultants working for the Legal Consultancy Firm must be registered with the LAD on the Roll as practising Legal Consultants, and their Registration must be valid on the date of renewal of the Licence.
4. The details of the licence issued to the Legal Consultancy Firm by the Licensing Authority must conform to the details stated in the Licence renewal application.
5. The professional indemnity insurance policy must be valid at the time of applying for the Licence renewal.
6. The fees prescribed for the Licence renewal must be paid in accordance with the relevant procedures adopted by the LAD.
7. Any other requirements prescribed by the LAD must be met.
a. Applications for a new Licence, renewal of a Licence, or variation of the details of a Licence, and all other applications stipulated in this Bylaw, will be submitted on the forms prescribed by the LAD and accompanied by the documents specified by the LAD for this purpose.
b. Applicants for Licences may not obtain or renew a licence issued by a Licensing Authority without first obtaining the approval of the LAD. This approval will be issued in accordance with the relevant procedures adopted by the LAD.
Applications for a new Licence, renewal of a Licence, or variation of the details of a Licence, and all other relevant applications, will be determined by the LAD in accordance with the requirements and procedures stipulated in this Bylaw. The LAD must notify the applicant of its decision in this regard within two (2) working days from the date of its issuance.
a. A Licence will be valid for a period of one (1) year, renewable for the same period. A renewal application must be submitted within one (1) month prior to the date of expiry of the Licence.
b. Where a Legal Consultancy Firm fails, without a reason acceptable to the LAD, to renew its Licence within the period mentioned in paragraph (a) of this Article, the penalties stipulated in the Resolution will be imposed on the Legal Consultancy Firm.
a. A Licence will be issued in the name of the applicant for the Licence, and may not be assigned to a third party.
b. Without prejudice to the rights of third parties, in the event of death of the Licence holder or liquidation of the Legal Consultancy Firm, the universal or particular successors will not acquire the capacity of Licence holder. The LAD will determine the procedures for the management of the Legal Consultancy Firm in accordance with the rules it prescribes in this respect.
A Legal Consultancy Firm must comply with the legislation regulating the legal consultancy profession in the Emirate. In particular, it must:
1. not conduct, and ensure that its Legal Consultants do not conduct, any activity other than the provision of Legal Services; and not provide any Legal Services that are outside the scope of services it is authorised to provide.
2. ensure, in accordance with the relevant rules prescribed by the LAD, that none of the Licence holders or the partners in the Legal Consultancy Firm is an owner or partner in any Advocacy Firm or other Legal Consultancy Firm in the Emirate that is licensed by the same Licensing Authority;
3. ensure that the Legal Consultants working for the Legal Consultancy Firm are not working for any Advocacy Firm or other Legal Consultancy Firm in the Emirate;
4. ensure that all Licence holders, partners, and Legal Consultants working for the Legal Consultancy Firm are registered with the LAD on the Roll as practising Legal Consultants; that they are working for the Legal Consultancy Firm on a full-time basis; and that they are not engaged in any other commercial or professional activity, except for teaching or training in a legal field or for a legal profession;
5. not engage any Legal Consultant who is not registered on the Roll as a practising Legal Consultant, subject to the provisions pertaining to visiting legal consultants stipulated in Article (15) of the Bylaw Concerning the Registration of Legal Consultants approved by the LAD;
6. have a managing director throughout the term of the Licence; and
7. meet any other obligations prescribed by the LAD under the bylaws, resolutions, and instructions it issues in this respect.
The managing director of a Legal Consultancy Firm must:
1. supervise the work of the Legal Consultants working for the Legal Consultancy Firm;
2. ensure compliance by the Legal Consultancy Firm and its employees with the obligations stipulated in the Resolution, and with the bylaws, resolutions, and instructions issued by the LAD; and represent the Legal Consultancy Firm before the LAD;
3. ensure that the Licence is displayed in a prominent place where it can be viewed by all persons dealing with the Legal Consultancy Firm;
4. obtain the LAD's prior approval before changing the legal form, name, address, partners, or managing director of the Legal Consultancy Firm; establishing a branch of the Legal Consultancy Firm or changing its address; entering into merger or demerger; adding or removing a partner; or making any changes related to the legal form of the Legal Consultancy Firm;
5. inform the LAD of any change in the number of the Legal Consultants working for the Legal Consultancy Firm within ten (10) working days from the date of that change;
6. inform the LAD of any change in the professional status of any of the Legal Consultants working for the Legal Consultancy Firm, including ceasing the practice of the profession, within fifteen (15) days from the date of that change;
7. provide the LAD, in accordance with the rules and procedures it prescribes in this respect, with the details of the legal researchers and other employees working for the Legal Consultancy Firm who hold bachelor's degrees, equivalent degrees, or any other academic qualification in law and perform any work of legal nature in the Legal Consultancy Firm;
8. obtain the LAD's prior approval before ceasing the provision of Legal Services by the Legal Consultancy Firm for any reason whatsoever, in order for the LAD to take the action it deems appropriate in this respect;
9. maintain all files, documents, and information relating to the Legal Consultancy Firm and the Legal Services provided by it for a period of not less ten (10) years, and make the same accessible to the LAD upon request;
10. maintain records of all the details of the Legal Consultants working for the Legal Consultancy Firm for the duration of their service with the firm and for a period of not less than five (5) years after the end of that service; and make the same accessible to the LAD upon request; and
11. meet any other obligations prescribed by the LAD under the bylaws, resolutions, and instructions it issues in this respect.
a. The LAD may, upon the request of a Legal Consultancy Firm and for reasons acceptable to the LAD, authorise the Legal Consultancy Firm to suspend the provision of Legal Services for a specified period of time, subject to providing an undertaking that the Legal Consultancy Firm has no pending obligations as a result of providing the Legal Services. In any event, the suspension must not compromise the interests of clients.
b. The LAD may, upon the request of a Legal Consultancy Firm, revoke its Licence, subject to providing an undertaking that the Legal Consultancy Firm has no pending obligations as a result of providing the Legal Services. In any event, the revocation must not compromise the interests of clients.
a. The LAD may temporarily suspend the Licence of a Legal Consultancy Firm for a period not exceeding one (1) year, or revoke the Licence pursuant to a resolution issued by the Director General or his authorised representative, in any of the following cases:
1. where the Legal Consultancy Firm fails to renew its Licence within three (3) months after its expiry without a valid reason acceptable to the LAD;
2. where the licence issued to the Legal Consultancy Firm by the Licensing Authority is cancelled;
3. where a final court judgement is issued to suspend or revoke the Licence issued by the LAD or the licence issued by the Licensing Authority; or
4. where the Legal Consultancy Firm is liquidated.
b. The LAD may temporarily suspend the Licence of a Legal Consultancy Firm for a period not exceeding one (1) year, or revoke the Licence pursuant to a resolution issued by the Director General or his authorised representative, in case the Legal Consultancy Firm ceases or fails to meet any of terms of its Licence or fails to comply with the provisions of the legislation in force in the Emirate or the provisions of any of the bylaws, resolutions, and instructions issued by the LAD.
a. Any affected party may submit to the Director General a written grievance contesting any of the violations, stated in Schedule (2) attached to the Resolution, that are attributed to him. The grievance must be submitted within a period of thirty (30) days commencing from the day following the date of being notified of the contested violation, in accordance with the provisions of Article (11) of the above-mentioned Law No. (8) of 2016.
b. Except for the violations referred to in paragraph (a) of this Article, any affected party may submit to the Director General, in accordance with the provisions of Article (11) of the Resolution, a written grievance against any decision taken against him under this Bylaw. The grievance must be submitted within sixty (60) days from the date of being notified of the contested decision.
c. The grievances referred to in paragraphs (a) and (b) of this Article will be considered and determined by a committee formed by the Director General for this purpose, and the decisions issued by that committee on the grievances will be final.
©2023 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.