Administrative
Resolution No. (51) of 2022
Approving
the
Bylaws
Concerning the Registration of
Advocates
and Legal Consultants in the Emirate of Dubai[1]
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The
Director General of the Government of Dubai Legal Affairs Department,
After perusal of:
The
provisions of paragraph (15) of Article (5) of Law No. (32) of 2008
Establishing the Government of Dubai Legal Affairs Department, which provide
for the functions
of the LAD to license the advocacy and legal consultancy profession, and
advocacy and legal consultancy firms; monitor their practice; and issue 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 vested in the Government of Dubai Legal Affairs Department to regulate
the advocacy and legal consultancy profession and issue the relevant bylaws and
instructions in accordance with the provisions of Articles (2) and (14) of
Executive Council Resolution No. (22) of 2011 Concerning Fees and Fines
Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of
Dubai;
Administrative
Resolution No. (233) of 2015 Approving the Bylaw Concerning the Registration of
Advocates in the Emirate of Dubai and its amendments; and
Administrative
Resolution No. (234) of 2015 Approving the Bylaw Concerning the Registration of
Legal Consultants in the Emirate of Dubai and its amendments,
Does
hereby issue this Resolution.
Pursuant
to this Resolution, the “Bylaw Concerning the Registration of Advocates in the
Emirate of Dubai” and “Bylaw Concerning the Registration of Legal Consultants
in the Emirate of Dubai”, attached to this Resolution, together with the rules
and procedures set out therein, are approved.
This
Resolution supersedes the above-mentioned Administrative Resolutions No. (233)
and (234) of 2015. The resolutions and instructions issued in implementation of
the provisions of the said 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 Registration of Advocates in the Emirate of Dubai
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This
Bylaw will be cited as “Bylaw Concerning the Registration of Advocates 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. |
|
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. |
|
Roll: |
The paper or electronic record maintained by the LAD
for the Registration of Advocates and recording their categories and details
in accordance with the provisions of Article (5) of this Bylaw. |
|
Registration: |
The registration of Advocates on the Roll. |
|
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. |
|
Dubai Courts: |
These include the Courts of First Instance, the
Court of Appeal, and the Court of Cassation. |
|
Pleading: |
The procedures relating to the presentation of oral
or written statements of claim or defence before the Dubai Courts and other
judicial authorities in the Emirate, including in free zones, such as the
Dubai International Financial Centre. |
|
Firm: |
An advocacy firm licensed by the LAD and the
competent entities in the Emirate. |
|
Profession: |
The provision of Legal Services to the public. |
|
Legal Services: |
The legal services which Advocates are authorised to
provide in the Emirate. These include, but are not limited to, Pleading;
representing others before the Dubai Courts, judicial authorities, security
departments, arbitration and conciliation tribunals and centres, and
administrative bodies; providing legal opinions and advice; drafting
contracts; registering and liquidating companies; concluding settlements; and
providing any other legal services. |
a.
The provisions of this Bylaw apply
to the Advocates registered on the Roll maintained by the LAD and to persons
authorised to practise Pleading, in accordance with the relevant rules and
requirements determined by the LAD.
b.
The provisions of this Bylaw does
not apply to persons who provide Legal Services in their capacity as employees
of Government Entities, corporations, companies, or other entities which do not
provide Legal Services to the public.
For
the purposes of implementing this Bylaw, the LAD will have the duties and
powers to:
1.
establish the requirements and rules
that must be met, and the procedures that must be followed, for the
Registration of Advocates in the Emirate and for regulating amendments to their
Registration on the Roll;
2.
determine applications for
Registration, renewal of Registration, and reinstatement of Advocates on the
Roll; and for the variation of their Registration details, in accordance with
the relevant conditions and procedures;
3.
determine applications for temporary
Pleading permit by advocates who are not registered on the Roll to plead before
the Dubai Courts, in accordance with the relevant requirements and procedures;
4.
create the Roll, organise it into categories,
and determine the details that must entered therein;
5.
transfer the Advocates registered on
the Roll from one category to another, in accordance with the relevant
requirements and procedures;
6.
issue identification cards to the
Advocates registered on the Roll in the category of practising Advocates;
7.
establish the rules for suspending
Advocates from practising the Profession or striking them off the Roll, in
accordance with the legislation regulating the Profession, as well as the
bylaws, resolutions, and instructions issued by the LAD;
8.
record violations and receive,
investigate, and take appropriate action in respect of the complaints filed
against persons practising the Profession;
9.
enforce the penalties prescribed by
the Resolution on the violators of its provisions and the provisions of the
bylaws, resolutions, and instructions issued by the LAD;
10. develop
and deliver the programmes required for qualifying and training the Advocates
registered on the Roll;
11. prepare
the forms required for the implementation of the provisions of this Bylaw; and
12. perform
any other duties falling within the functions of the LAD and pertaining to the
Registration of Advocates in the Emirate.
A
Roll will be maintained by the LAD for the Registration of the following two
(2) categories:
1.
the practising Advocates who are
registered on the Roll and authorised to practise the Profession in the Emirate
through Firms; and
2.
non-practising advocates who are
registered on the Roll but are not authorised to practise the Profession in the
Emirate.
No
person may practise the Profession in the Emirate or hold himself out to be an
Advocate, unless he is registered on the Roll in the category of practising
Advocates, his Registration is valid, and practises through a Firm.
a.
An applicant for Registration on the
Roll in the category of practising Advocates must:
1. hold the UAE nationality;
2. have full legal capacity;
3. be of good character and conduct and
not have been convicted of a crime affecting honour or trustworthiness, unless
he has been pardoned or rehabilitated;
4. hold either:
a. a bachelor of laws, or an equivalent
degree, from an educational institution accredited by the competent entity in
the Emirate or the UAE; or
b. an academic qualification in law,
and a valid professional membership from the jurisdiction in which the
applicant is authorised to provide Legal Services.
In any event, a qualification must
be duly attested.
5. have completed the relevant training
period required for registration with the UAE Ministry of Justice, or meet the
requirements prescribed by the LAD in this respect;
6. work through a Firm licensed in the
Emirate or any of the emirates of the UAE, in accordance with the rules
prescribed by the LAD in this respect;
7. practise the Profession, on a full
time basis, through the Firm; and not practise any other profession except for
teaching or training in any of the legal disciplines or legal professions;
8. not engage in any commercial
activity in addition to his work at the Firm, in accordance with the relevant
standards, conditions, and rules prescribed by the LAD;
9. pay the fees prescribed for the
Registration of Advocates in accordance with the relevant procedures adopted by
the LAD;
11. meet any other requirements
prescribed by the bylaws, resolutions, and instructions issued by the LAD.
b.
Where an Advocate ceases to meet any
of the Registration requirements provided for in paragraph (a) of this Article,
the Advocate will be struck off the Roll or transferred to the category of
non-practising advocates, as the case may be, in accordance with the relevant
rules and procedures prescribed by the LAD.
The LAD may accept applications for
Registration on the Roll for the first time in the category of non-practising advocates,
in accordance with the relevant rules and requirements prescribed by the LAD.
Notwithstanding sub-paragraph (a)(5)
of Article (7) of this Bylaw, and without prejudice to the relevant rules prescribed
by the LAD, the following categories of UAE Nationals may be registered on the
Roll in the category of practising Advocates:
1.
a person who has previously worked
as a judge or a member of the Public Prosecution for at least one (1) year;
2.
a faculty member who specialises in
any legal discipline and holds a doctorate degree in law; and
3.
a person who has worked for at least
two (2) years in the legal field at any federal or local entity in the UAE, or
at any other entities recognised by the LAD.
a.
The LAD may, based on an application
submitted to it by a Firm in the Emirate, register a non-UAE national Legal
Consultant on the Roll in the category of practising Advocates, provided that
he meets the requirements stipulated in sub-paragraphs (a)(2), (a)(3), (a)(4),
(a)(6), (a)(7), (a)(8), (a)(9), and (a)(10) of Article (7) of this Bylaw, as
well as the following requirements:
2. The Legal Consultant must hold a
valid UAE residence permit, and an employment contract with the Firm through
which he will practise the Profession.
3. The Firm must provide the grounds
supporting the application for registration of the non-UAE national Legal
Consultant, such as an increase in workload and the specific skills and
qualifications of the consultant.
4. Any other requirements prescribed by
the LAD must be met.
b.
Where a non-UAE national Advocate
ceases work at the Firm through which he has been practising the Profession, or
where the reasons for his Registration as an Advocate with the Firm cease to
exist, his Registration on the Roll will be cancelled.
The Registration on the Roll in the
category of practising Advocates will be valid for one (1) year, renewable for
the same period.
a.
An Advocate may not practise the
Profession in the Emirate unless he takes the following Oath:
“I do solemnly swear by
Almighty God to discharge my duties in full compliance with the legislation in
force in the Emirate of Dubai, to defend the rights of my clients rights with utmost
honesty and integrity, and to uphold the ethics and traditions of the advocacy
profession”.
b.
Before assuming his duties as an advocacy
work, an Advocate who is granted the right to Pleading before the Court of
Cassation will take the oath before any of the circuits of the Court of
Cassation. An Advocate who is granted the right to Pleading before any other
court will take the oath before any of the circuits of the Court of Appeal.
c.
An oath-taking report will be
drafted, and a copy of this report will be kept in the Advocate’s file
maintained by the LAD.
a. An
Advocate must renew his Registration on the Roll within the last month prior to
the expiry of Registration. To renew his Registration, the Advocate must:
1. submit an application for renewal of
Registration;
2. meet all the requirements for
Registration stipulated in paragraph (a) of Article (7) of this Bylaw. However,
non-UAE national Advocates registered with the LAD by the effective date of
this Bylaw and those registered with the LAD pursuant to the provisions of
Article (10) of this Bylaw will be exempt from the requirement stipulated in sub-paragraph
(a)(1) of the above mentioned Article;
3. meet the professional development
requirements determined by the LAD;
4. pay the fees prescribed for the
renewal of Registration in accordance with the relevant procedures adopted by
the LAD; and
5. meet any other requirements determined
pursuant to the bylaws, resolutions, and instructions issued by the LAD.
b. Where
an Advocate fails to renew his Registration within the period specified in
paragraph (a) of this Article without a reason acceptable to the LAD, the
Advocate will be subject to the penalties prescribed by the Resolution.
Application for Registration,
renewal of Registration, or reinstatement on the Roll must be submitted on the
form prescribed for this purpose and supported by the documents determined by
the LAD.
Applications for Registration,
renewal of Registration, reinstatement, or change of category of Registration
on the Roll will be determined in accordance with the requirements and
procedures stipulated in this Bylaw. The LAD must inform the applicant of its
decision on his application within two (2) working days from the date on which
the decision is issued.
a.
An Advocate will have the right to
practise Pleading before the Dubai Courts as follows:
1. before the Court of First Instance
and the Court of Appeal, immediately after his Registration on the Roll in the
category of practising Advocates; and
2. before the Court of Cassation, after
actively practising the Profession for five (5) years in the UAE.
b.
Notwithstanding the provisions of
sub-paragraph (a)(2) of this Article, the LAD may authorise the following
persons to practise Pleading before the Court of Cassation:
1. former Members of the Judicial
Authority who have no less than five (5) years of judicial practice; and
2. holders of doctorate degrees in law
obtained from accredited universities who have been registered on the Roll in
the category of practising Advocates for at least two (2) years.
c.
Subject to the provisions of
paragraphs (a) and (b) of this Article, the LAD may prescribe additional
requirements or conditions for authorising Advocates to practise Pleading
before the Dubai Courts, in coordination with the competent judicial
authorities in the Emirate.
a.
Notwithstanding the provisions of
Article (6) of this Bylaw, the LAD may, upon receiving a request, grant any
person practising the advocacy profession outside of the Emirate, a temporary
permit to practise Pleading in a specific case before the Dubai Courts, subject
to the following requirements:
1. The client must give his written
consent to be represented by the applicant before the Dubai Courts.
2. There must be a civil case being
heard or to be filed before the Dubai Courts, or a referral order must have
been issued in respect of a criminal case.
3. The applicant must hold a valid
professional membership issued by the competent regulatory entity.
4. The grounds supporting the application for a temporary
Pleading permit must be provided.
5. The Advocates registered in the UAE must
be granted the right of audience before the courts of the applicant’s
jurisdiction.
6. The applicant must provide a
professional indemnity insurance policy against all risks and malpractices
relating to the practise of the Profession, covering the validity of the
temporary Pleading permit, in accordance with the relevant rules determined by
the LAD.
7. The applicant must meet any other
requirements determined by the LAD in coordination with the competent judicial
authorities in the Emirate, in respect of the requirements for temporary
Pleading before the Dubai Courts.
8. The applicant must pay the
prescribed fees for temporary Pleading in accordance with the relevant
procedures adopted by the LAD.
9. The applicant must meet any other
requirements determined by the LAD pursuant to the bylaws, resolutions, and
instructions it issues.
b.
Without prejudice to the relevant
prescribed penalties, a person who is granted a temporary Pleading permit may
not hold himself out to the public as, or represent that he is, a persons
authorised to practise the Profession in the Emirate beyond the scope of the
permit granted to him, failing which his permit will be revoked.
Notwithstanding the provisions of
Articles (10) and (17) of this Bylaw, the LAD may, where the public interest or
Emiratisation of the Profession in the Emirate so requires, reject an
application by a non-UAE national Advocate for Registration or renewal of
Registration on the Roll in the category of practising Advocates, or for a
temporary Pleading permit.
a.
An Advocate who becomes unable to
practise the Profession due to a relevant reason that arises, or who wishes to
be transferred from the category of practising Advocates to the category of
non-practising advocates, must submit to the LAD a request for his transfer to
the category of non-practising advocates stating the reasons for the transfer
as per the rules determined by the LAD, and must pay the prescribed fees in
accordance with the relevant procedures adopted by the LAD.
b.
Upon the request of an advocate
registered in the category of non-practising Advocates, the LAD may transfer
his Registration to the category of practising Advocates, subject to the
following:
1. meeting the requirements for the
Registration of Advocates on the Roll as prescribed by paragraph (a) of Article
(7) of this Bylaw;
2. paying the fees prescribed for
Registration where one or more years have elapsed since the Registration or
renewal of Registration of the Advocate, or the fees prescribed for variation
of the details of Registration where less than a year has elapsed since his
Registration or renewal of Registration; and
3. meeting any other conditions
prescribed by the LAD.
a.
Without prejudice to the functions
of the LAD to issue the resolutions and instructions regulating professional
conduct, and to suspend and strike off Advocates registered on the Roll for any
professional or disciplinary violations, the LAD may suspend an Advocate registered
on the Roll for no more than one (1) year or strike him off the Roll in any of
the following cases:
1. failure to renew Registration on the
Roll in the category of practising Advocates within the required time frame;
2. failure to pay the prescribed fees
within the required time frame;
3. failure to submit the required
documents to the LAD within the required time frame;
4. providing false data or information
related to his Registration; or
5. failure to comply with the
applicable legislation and with the bylaws and instructions issued by the LAD.
b.
Where a decision to suspend an
Advocate from practising the Profession is issued, his Registration on the Roll
will be transferred to the category of non-practising advocates.
c.
An Advocate who is registered on the
Roll and whose Registration is suspended or struck off the Roll, may not
practise, represent that he practises, or hold himself out to be practising the
Profession for the duration of his suspension period or after being struck off
the Roll, as the case maybe.
a.
Upon an application submitted to it
by an Advocate registered on the Roll in the category of non-practising advocates
upon being suspended from practising the Profession pursuant to a decision, the
LAD may reinstate the suspended Advocate to the Roll in the category of
practising Advocates after the lapse of the period of suspension.
b.
Upon an application by an Advocate
who has been struck off the Roll pursuant to a decision, the LAD may reinstate
the struck-off Advocate to the Roll after the lapse of three (3) years from the
date on which he was struck off.
d.
In reinstating an Advocate to the
Roll, the Advocate must meet all the requirements for Registration that are
stipulated in this Bylaw.
a.
The LAD will issue each Advocate with
an identification card confirming that its bearer is licensed to practise the
Profession in the Emirate through a Firm.
b.
The identification card is deemed an
official document owned by the LAD, and may be used by an Advocate only for its
intended purposes. In particular, an Advocate must:
1. not permit others to use his
identification card;
2. when requested, produce the card to
the individuals and concerned public or private entities dealing with him;
3. notify the LAD in case of card loss
or damage;
4. not make any variation, erasure, or
deletion of, or addition to, the information included in the identification
card; and
5. surrender the card to the LAD where
the Advocate’s Registration is transferred to the category of non-practising advocates,
where he is suspended from practising the Profession, where he is struck off
the Roll, where he requests variation of the card details, or upon the request
of the LAD.
An
Advocate must notify the LAD of any variation of or amendment to his personal
details or any other information relevant to his professional status, within
fifteen (15) days of the occurrence of such variation or amendment, failing
which, he will be subject to the disciplinary action and penalties prescribed by
the Resolution. This variation or amendment will take effect only from the date
on which it is approved by the LAD.
1.
any pretrial detention decision or
an order for referral to the competent court, issued against the Advocate within
or outside the Emirate; and
2.
any court judgement in a penal case against
the Advocate, or a court or disciplinary judgement or decision rendered by a
competent regulatory entity, within or outside of the Emirate, within thirty
(30) days from the date such judgement or decision becomes final.
An
Advocate registered on the Roll must comply with all the legislation regulating
the Profession, including the provisions of the Resolution, and the bylaws,
resolutions, and instructions issued by the LAD, failing which he will be
subject to the relevant disciplinary action and prescribed penalties.
a.
Any affected party may submit to the
Director General a written grievance contesting any of the violations, set out
in Schedule (2) attached to the Resolution, that is attributed to him within
thirty (30) days from the day following the date of being notified of the contested
violation, in accordance with 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 a written
grievance to the Director General in respect of any decision taken against him
in accordance with the provisions of this Bylaw, within sixty (60) days from
the day following the date of being notified of the contested decision, in
accordance with Article (11) of the Resolution.
c.
The grievances mentioned in
paragraphs (a) and (b) of this Article will be considered and determined by a
committee formed pursuant to a resolution of the Director General for this
purpose. The decisions issued by the committee will be final.
II.
Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai
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This
Bylaw will be cited as “Bylaw Concerning the Registration of Legal Consultants
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. |
|
Resolution: |
Executive Council Resolution No. (22) of 2011
Concerning the Fees and Fines Prescribed for Conducting the Advocacy and
Legal Consultancy Profession in the Emirate of Dubai. |
|
Roll: |
The paper or electronic record maintained by the LAD
for the Registration of Legal Consultants and recording their categories and
details pursuant to the provisions of Article (5) of this Bylaw. |
|
Registration: |
The registration of Legal Consultants on the Roll. |
|
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. |
|
Visiting Legal Consultant: |
A natural person who is not registered on the Roll but
who is authorised by the LAD to practise the Profession in the Emirate, in
accordance with the provisions of this Bylaw. |
|
Firm: |
An advocacy or legal consultancy firm which is
licensed by the LAD and the competent entities in the Emirate. |
|
Profession: |
The provision of Legal Services to the public. |
|
Legal Services: |
The legal services which Legal Consultants are
authorised to provide in the Emirate. These include, but are not limited to,
providing legal opinions and advice; drafting contracts; registering,
liquidating, and winding up companies; concluding settlements; representing others
before arbitration tribunals and centres, conciliation committees, and other
entities; and any other legal services except Pleading, and representing others
before the Dubai Courts, including the Courts of First Instance, the Court of
Appeal, and the Court of Cassation. |
a.
The provisions of this Bylaw apply
to the Legal Consultants registered on the Roll maintained by the LAD and to
persons authorised to provide Legal Services in the Emirate, in accordance with
the relevant rules and requirements determined by the LAD.
b.
The provisions of this Bylaw will
not apply to persons who provide Legal Services in their capacity as employees
of Government Entities, corporations, companies, or other entities which do not
provide Legal Services to the public.
For
the purposes of implementing this Bylaw, the LAD will have the duties and
powers to:
1. establish
the conditions and rules that must be met, and the procedures that must be
followed, for the Registration of Legal Consultants in the Emirate, and for
regulating amendments to their Registration on the Roll;
2. determine
applications for Registration, renewal of Registration, and reinstatement of
Legal Consultants to the Roll; and for variation of their Registration details,
in accordance with the relevant conditions and procedures approved by the LAD;
3. determine
permit applications for Visiting Legal Consultants, and grant them the relevant
permits, in accordance with the conditions and procedures prescribed in this
respect;
4. create
the Roll, organise it into categories, and determine the details that must be
entered therein;
5. transfer
the Legal Consultants registered on the Roll from one category to another in,
accordance with the relevant requirements and procedures;
6. issue
the Legal Consultants registered on the Roll in the category of practising
Legal Consultants with identification cards;
7. specify
the legal areas and specialisations in which a Legal Consultant is authorised
to practise the Profession, in accordance with the relevant rules and
conditions, procedures prescribed by the LAD;
8. establish
the rules for suspending Legal Consultants from practising the Profession or
striking them off the Roll in accordance with the legislation regulating the
Profession, as well as the bylaws, resolutions, and instructions issued by the
LAD;
9. record
violations and receive, investigate, and take the appropriate action in respect
of complaints filed against those practising the Profession;
10. enforce
the penalties prescribed by the Resolution on violators of its provisions and
the provisions of the bylaws, resolutions, and instructions issued by the LAD;
11. develop
and deliver the programmes required for qualifying and training the Legal
Consultants registered on the Roll;
12. prepare
the forms required for the implementation of the provisions of this Bylaw; and
13. perform
any other duties falling within the functions of the LAD and pertaining to the
Registration of Legal Consultants in the Emirate.
A
Roll will be maintained by the LAD for the Registration of the following two
(2) categories:
1.
the practising Legal Consultants who
are registered on the Roll and who are authorised to practise the Profession in
the Emirate through a Firm; and
2.
the non-practising legal consultants
who are registered on the Roll but are not authorised to practise the
Profession in the Emirate.
No
person may practise the Profession in the Emirate or hold himself out to be a
Legal Consultant, unless he is registered on the Roll in the category of
practising Legal Consultants, his Registration is valid, and practises through
a Firm.
a.
An applicant for Registration on the
Roll in the category of practising Legal Consultants must:
1. have
full legal capacity;
2. be
of good character and conduct, and not have been convicted of a crime affecting
honour or trustworthiness, unless he has been pardoned or rehabilitated;
3. hold
either:
a.
a
bachelor of laws, or an equivalent degree, from an educational institution
accredited by the competent entity in the Emirate or the UAE; or
b.
an
academic qualification in law and a valid professional membership in the
jurisdiction in which the applicant is authorised to provide Legal Services;
In
any event, a qualification must be duly attested.
4. have
a minimum of one (1) year of continuous practical legal experience if the
applicant is a UAE national, and the same period will apply if the applicant is
a non-UAE National who graduated from an academic institution in the UAE; and
three (3) years of continuous practical legal experience if the applicant is a
non-UAE national who graduated from an educational institution outside of the
UAE. These requirements will apply only to holders of a bachelor of laws, or an equivalent
qualification, from any educational institution accredited by the competent
entities in the Emirate or the UAE. In any event, the LAD may require that the
applicant successfully completes the qualifying programmes it prescribes in
this respect;
5. work
through a Firm licensed in the Emirate;
6. practise
the Profession, on a full time basis, through the Firm; and not practise any
other profession except for teaching and training in any of the legal
disciplines or professions;
7. not
engage in any commercial activity in addition to his work at the Firm, in
accordance with the relevant standards, conditions, and rules prescribed by the
LAD;
8. have,
where he is a non-UAE national, a valid UAE residence permit and an employment
contract with the Firm through which he practises the profession;
9. pay
the fees prescribed for Registration of Legal Consultants in accordance with
the relevant procedures adopted by the LAD; and
10. meet
any other requirements prescribed by the bylaws, resolutions, and instructions
issued by the LAD.
b.
Notwithstanding the provisions of
sub-paragraph (a)(4) of this Article, a non-UAE national who has worked as a
judge, a member of the Public Prosecution, or a full-time non-visiting faculty
member at an academic or training institution, and who holds a post-graduate
degree in law, may be registered on the Roll if he has a minimum of two (2)
years of practical legal experience.
c.
The LAD may exempt an applicant from
the practical legal experience requirement stipulated in sub-paragraphs (a)(4)
and (b)(4) of this Article in accordance with the relevant rules and
requirements prescribed by the LAD.
d.
Where a Legal Consultant ceases to
meet any of the Registration requirements provided for in this Article, he will
be struck off the Roll or transferred to the category of the non-practising legal
consultants, as the case may be, in accordance with the relevant rules and
procedures prescribed by the LAD.
The
LAD may accept applications for Registration on the Roll for the first time in
the category of non-practising legal consultants in accordance with the
relevant rules and requirements prescribed by the LAD.
Registration
on the Roll in the category of practising Legal Consultants will be valid for a
period of one (1) year, renewable for the same period.
a.
A
Legal Consultant may not practise the Profession in the Emirate unless he takes
the oath before the Director General or his authorised representative to
discharge his duties with honesty and integrity and in compliance with
the legislation in force in the Emirate, safeguard the rights of his clients,
and uphold the ethics and traditions of the Profession.
b.
An oath-taking report will be
drafted, and a copy of this report will be kept in the Legal Consultant’s file
maintained by the LAD.
a.
A Legal Consultant’s Registration on
the Roll must be renewed within the last month prior to the expiry of
Registration. Renewal of Registration is subject to the following requirements:
1. submitting a Registration renewal
application;
2. meeting the requirements stipulated
in paragraph (b) of Article (7) of this Bylaw;
3. meeting the professional development
requirements prescribed by the LAD;
4. payment of the fees prescribed for
the renewal of Registration in accordance with the relevant procedures adopted
by the LAD; and
5. meeting any other requirements
prescribed by the bylaws, resolutions, and instructions issued by the LAD.
b.
Where a Legal Consultant fails to
renew his Registration within the time frame prescribed in paragraph (a) of
this Article without a reason acceptable to the LAD, he will be subject to the
penalties stipulated in the Resolution will be imposed on him.
Applications
for Registration, renewal of Registration, or reinstatement to the Roll must be
submitted on the form prepared for this purpose and supported by the documents
determined by the LAD.
Applications
for Registration, renewal of Registration, reinstatement, or transfer between
categories of the Roll will be determined in accordance with the requirements
and procedures stipulated in this Bylaw. The LAD must notify the applicant of
its decision within two (2) working days from the date on which the decision is
issued.
The
LAD may specify for a Legal Consultant who graduates from an academic
institution outside of the UAE and who is registered on the Roll for the first
time, the areas of law in which he is authorised to provide Legal Services in
the Emirate, in which case, the Legal Consultant may provide Legal Services exclusively
in such areas.
1. provide the Legal Services to any of
the following entities:
2. provide the LAD with a statement by
the entity for which he will provide Legal Services specifying the type of
Legal Services to be provided;
3. hold a valid professional membership
issued by a competent regulatory entity outside of the Emirate;
4. provide a professional indemnity
insurance policy covering the period during which Legal Services will be
provided in the Emirate, in accordance with the relevant rules prescribed by
the LAD;
5. state the grounds supporting his
application for permit;
6. specify the number of working days
required to provide Legal Services in the Emirate, or the number of Legal
Services for which he is retained, and any other information related to such
Legal Services; and
7. meet any other requirements
prescribed by the bylaws, resolutions, and instructions issued by the LAD.
b.
Except for the entities mentioned in
sub-paragraph (a)(1)(a) of this Article, a Visiting Legal Consultant will be
granted a permit authorising him to practise the Profession in the Emirate for
a period not exceeding thirty (30) working days per year or until the
completion of a specific Legal Service. The LAD, may, upon an application
submitted to it by the Visiting Legal Consultant and based upon valid reasons,
extend the validity of the permit granted to him or increase the number of
Legal Services he is authorised to provide, in accordance with the relevant
rules and procedures determined by the LAD.
c.
A Visiting Legal Consultant may not
hold himself out to the public as, or represent that he is, a person authorised
to practise the Profession in the Emirate beyond the scope of his permit,
failing which his permit will be revoked, without prejudice to the penalties
prescribed in this respect.
a.
A Legal Consultant who becomes unable
to practise the Profession due to a relevant reason that arises, or who wishes
to be transferred from the category of practising Legal Consultants to the
category of non-practising legal consultants, must submit the relevant
application to the LAD, stating the reasons for the transfer, in accordance
with the rules prescribed by the LAD; and must pay the fees prescribed for the
transfer in accordance with the relevant procedures adopted by the LAD.
b.
Upon the request of the legal consultant
registered on the Roll in the category of non-practising legal consultants, the
LAD may transfer his Registration to the category of practising Legal
Consultants, subject to the following requirements:
1. meeting the requirements for the Registration
of Legal Consultants on the Roll prescribed by paragraph (a) of Article (7) of
this Bylaw;
2. paying the fee prescribed for
Registration in the event that one or more years have elapsed since the
Registration or renewal of Registration of the Legal Consultant, or the fee
prescribed for variation of the details of Registration in case of a shorter
period; and
3. meeting any other requirements
prescribed by the LAD.
a.
Without prejudice to the functions
of the LAD to issue the resolutions and instructions regulating professional
conduct, and to suspend and strike off Legal Consultants registered on the Roll
for any professional or disciplinary violations, the LAD may suspend a Legal
Consultant registered on the Roll for no more than one year or strike him off
the Roll, in any of the following cases:
1. failure to renew his Registration on
the Roll in the category of practising Legal Consultants within the prescribed
time frame;
2. failure to pay the prescribed fees
within the prescribed time frame;
3. failure to submit the required
documents to the LAD within the prescribed time frame;
4. providing false data or information
related to his Registration; or
5. failure to comply with the applicable
legislation and the bylaws and instructions issued by the LAD.
b.
Where a decision to suspend a Legal
Consultant from practising the Profession is issued, his Registration on the
Roll will be transferred to the category of non-practising legal consultants.
c.
A Legal Consultant who is registered
on the Roll, and whose Registration is suspended or he is struck off the Roll,
may not practise, represent that he practises, or hold himself out to be
practising the Profession for the duration of his suspension, or after being
struck off the Roll, as the case maybe.
a.
After the lapse of the suspension
period, and upon submission of an application by a legal consultant registered
on the Roll in the category of non-practising legal consultants upon being suspended
from practising the Profession pursuant to a decision, the LAD may reinstate the
suspended Legal Consultant to the Roll in the category of Practising Legal
Consultants.
b.
Upon an application by a Legal
Consultant who has been struck off the Roll pursuant to a decision, the LAD may
reinstate the struck-off Legal Consultant to the Roll after the lapse of three
(3) years from the date on which he was struck off.
c.
The LAD may exempt any Legal Consultant
from the time frame prescribed in paragraph (b) of this Article and reinstate
such Legal Consultant to the Roll if the LAD deems that the time elapsed since
striking him off is sufficient to reform the Legal Consultant and redress the
damage that resulted from his acts, or for any other considerations that the
LAD deems appropriate.
d.
For a Legal Consultant to be
reinstated to the Roll, such Legal Consultant must meet all the Registration
requirements stipulated in this Bylaw.
a.
The LAD will issue each Legal
Consultant with an identification card confirming that its bearer is authorised
to practise the Profession in the Emirate through a Firm.
b.
An identification card is deemed an
official document owned by the LAD, and may be used by a Legal Consultant only
for its intended purposes. In particular, a Legal Consultant must:
1. not permit others to use his
identification card;
2. when requested, produce the card to
the individuals and concerned public and private entities dealing with him;
3. notify the LAD in case of card loss
or damage;
4. not make any variation, erasure, or
deletion of, or addition to, the information included in the identification
card; and
5. surrender the card to the LAD where
the Legal Consultant is transferred to the category of non-practising legal consultants,
where he is suspended from practising the Profession, where he is struck off
the Roll, where he requests variation of the card details, or upon the request
of the LAD.
A
Legal Consultant must notify the LAD of any variation of or amendment to his
personal details or any other information relevant to his professional status,
within fifteen (15) days of the occurrence of such a variation or amendment,
failing which, he will be subject to the disciplinary action and penalties
prescribed by the Resolution. This variation or amendment will take effect only
from the date on which it is approved by the LAD.
Subject
to the relevant disciplinary action and to the relevant rules and procedures
prescribed by the LAD, a Legal Consultant registered on the Roll is under an
obligation to disclose to the LAD the following:
1.
any pretrial detention decision or
an order for referral to the competent court, issued against the Legal
Consultant within or outside of the Emirate; and
2.
any court judgement in penal case against
the Legal Consultant, or a disciplinary judgement or decision rendered by a
competent regulatory entity, within or outside of the Emirate, within thirty
(30) days from the date such a judgement or decision becomes final.
A
Legal Consultant must comply with all the legislation regulating the
Profession, including the Resolution, and the bylaws, resolutions, and
instructions issued by the LAD, failing which he will be subject to the
relevant disciplinary action and prescribed penalties.
a.
Any affected party may submit to the
Director General a written grievance contesting any of the violations, set out
in Schedule (2) attached to the Resolution, that is attributed to him within
thirty (30) days from the day following the date of being notified of the contested
violation, in accordance with Article (11) of the above-mentioned Law No. (8)
of 2016.
b.
Except for the violations mentioned
in paragraph (a) of this Article, any affected party may submit a written
grievance to the Director General in respect of a decision taken against him in
accordance with the provisions of this Bylaw, within sixty (60) days from the
day following the date of being notified of the contested decision, in
accordance with Article (11) of the Resolution.
c.
The grievances mentioned in
paragraphs (a) and (b) of this Article will be considered and determined by a
committee formed pursuant to a resolution of the Director General for this
purpose. The decisions issued by the committee will be final.
©2024 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.