Administrative
Resolution No. (53) of 2022
Approving
the Bylaw Concerning
the
Continuing
Legal Professional Development Programme for
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:
Law
No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;
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. (240) of 2015 Approving the Continuing Legal Professional
Development Bylaw for Legal Consultants in the Emirate of Dubai;
Administrative
Resolution No. (375) of 2016 Determining the Annual Filing Period for Proof of Compliance with
Continuing Legal Professional Development Requirements for Legal Consultants in
the Emirate of Dubai; 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 attached Bylaw Concerning the Continuing
Legal Professional Development Programme for Legal Consultants in the Emirate
of Dubai, inclusive of the rules and procedures stipulated therein, is
approved.
This
Resolution supersedes the above-mentioned Administrative Resolution No. (240)
of 2015 and Administrative Resolution No. (375) of 2016. The resolutions and
instructions issued in implementation of these superseded resolutions will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 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.
Bylaw
Concerning the Continuing
Legal Professional Development Programme for
Legal
Consultants in the Emirate of Dubai
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This
Bylaw will be cited as the “Bylaw Concerning the Continuing Legal Professional
Development Programme for 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. |
Legal Consultant: |
A natural person registered on the Roll under the
category of practising legal consultants. |
CLPD Programme: |
The Continuing Legal Professional Development
Programme for Legal Consultants. |
Professional Development: |
Any intellectual or practical activity that promotes
or enhances the professional knowledge, skills, conduct, or ethics of a Legal
Consultant; or that contributes to ensuring the quality of Legal Services
provided by Legal Consultants to the public. |
CPD Activity: |
A Professional Development activity prescribed by
the LAD as a compulsory activity for fulfilling the CLPD Programme
Requirements. |
Accredited CLPD Activity: |
A Professional Development activity accredited by
the LAD, selected by a Legal Consultant to fulfil the CLPD Programme Requirements. |
CLPD Programme Activities: |
These include CPD Activities and Accredited CLPD Activities. |
CLPD Points: |
The points allocated to each CPD Activity or
Accredited CLPD Activity, which a Legal Consultant accrues upon completing
any of the CLPD Programme Activities. |
CLPD Programme Requirements: |
The minimum number of CLPD Points that a Legal
Consultant must accrue during a Filing Period. |
Filing Period: |
A period of twelve (12) months, commencing on 1 of
January and ending on 31 December of each year, designated for fulfilling
CLPD Programme Requirements. |
Professional Development Record: |
A document maintained by a Legal Consultant, in
which he records his CLPD Points and CLPD Programme Activities undertaken during
the Filing Period. |
CLPD Affairs Committee: |
The Continuing Legal Professional Development Programme
Affairs Committee. |
Competent Directorate: |
The Professional Development and Training
Directorate of the LAD. |
Concerned Directorate: |
The Advocates and Legal Consultants Directorate of
the LAD. |
Roll: |
The paper or electronic record maintained by the LAD
for the registration of Legal Consultants 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. |
Legal Services: |
The legal services which a Legal Consultant is
authorised 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 any 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). |
This
Bylaw aims to elevate the standards of the Legal Services provided in the
Emirate by ensuring that Legal Consultants comply with the CLPD Programme for
the purposes of maintaining and developing their professional skills,
expertise, and ethics, in accordance with the international best practices.
a.
The provisions of this Bylaw apply
to the Legal Consultants registered on the Roll under the category of
practising Legal Consultants, and authorised to provide Legal Services in the
Emirate, including in free zones, such as the Dubai International Financial
Centre, through an Advocacy Firm or a Legal Consultancy Firm licensed by the
LAD and other competent entities in the Emirate.
b.
The provisions of this Bylaw do not
apply to the Legal Consultants registered on the Roll under the category of
non-practising Legal Consultants; nor to the Legal Consultants employed by Government
Entities, corporations, companies, and other entities that do not provide Legal
Services to the public; nor to any other category exempted under the relevant
rules and procedures determined by the LAD.
a.
A Legal Consultant must fulfil the
CLPD Programme Requirements by earning sixteen (16) CLPD Points in each Filing
Period as follows:
1.
a minimum of eight (8) CLPD Points
for CPD Activities; and
2.
eight (8) CLPD Points for Accredited
CLPD Activities, provided that no Accredited CLPD Activity counts for more than
four (4) CLPD Points.
b.
To fulfil CLPD Programme
Requirements, a Legal Consultant registered with the Dubai International
Financial Centre Courts must earn sixteen (16) CLPD Points in each Filing
Period as follows:
1.
eight (8) CLPD Points for CPD Activities;
2.
two (2) CLPD Points for each Professional Development
activity, selected by the Academy of Law of the Dubai International Financial
Centre Authority and approved by the LAD as a CPD Activity; and
3.
six (6) CLPD Points for Accredited
CLPD Activities, provided that no Accredited CLPD Activity counts for more than
four (4) CLPD Points.
c.
Notwithstanding the provisions of
paragraphs (a) and (b) of this Article, a Legal Consultant who is registered on
the Roll for the first time must obtain the percentage of the CLPD Programme
Requirements for the period extending from the date of his Registration to the
end of the current Filing Period, as set out in the table below.
Period Remaining in the Current Filing Period |
CLPD Programme Requirements Percentage |
9-12 Months |
100% |
6-9 Months |
75% |
3-6 Months |
50% |
Less than 3 Months |
25% |
Notwithstanding
the provisions of Article (5) of this Resolution, a Legal Consultant who
graduates from an academic institution outside of the UAE and is registered on
the Roll for the first time after the effective date of this Bylaw, must
complete an additional special CLPD Programme developed by the LAD for this
purpose. The newly graduated Legal Consultant must complete the special CLPD
Programme within twelve (12) months following the date of his registration and
must pass any other examinations prescribed by the LAD in this respect.
The
LAD will regularly announce all CLPD Programme Activities, including registration
procedures, venues, methods of calculating CLPD Points, and any other relevant
information.
b.
The board will review the general
policy and development plans of the CLPD Programme; propose annual CLPD Programme Activities
and the criteria for selecting providers of Accredited CLPD Activities; and
perform any other duties related to the CLPD Programme as assigned to it
pursuant to a resolution of the Director General.
For
each Filing Period, a Legal Consultant must:
1.
fulfil the CLPD Programme
Requirements during the Filing Period, unless the Legal Consultant is exempted
from such requirements or the deadline for fulfilling these requirements is
extended, in accordance with the relevant rules and procedures prescribed by
the LAD; and
2.
submit, in the manner specified by
the LAD, his Professional Development Record, including all documents proving
his participation in the CLPD Programme Activities during the Filing Period,
within thirty (30) days from the expiry of the Filing Period.
Pursuant
to this Bylaw, a committee named the "Continuing Legal Professional
Development Programme Affairs Committee" is formed. The members of the
CLPD Affairs Committee will be appointed, and the rules of its formation and
method of convening its meetings will be determined, pursuant to a resolution
issued by the Director General. The CLPD Affairs Committee will have the duties
and powers to:
1.
consider and determine the applications
submitted by Legal Consultants in respect of their fulfilment of the CLPD
Programme Requirements, which include the following:
a. modifying
the CLPD Programme Requirements in accordance with the provisions of this
Bylaw;
b. extending
the deadline for fulfilling the CLPD Programme Requirements; and
c. extending
the deadline for submitting the Professional Development Record.
2.
monitor compliance by Legal
Consultants with the CLPD Programme Requirements;
3.
serve notices on Legal Consultants
who fail to comply with the CLPD Programme Requirements; and
4.
perform any other duties assigned to
it by the Director General.
The
CLPD Affairs Committee may, for the purposes of fulfilling the CLPD Programme
Requirements, accredit up to a maximum of two (2) CLPD Points for any training
activity provided by any other regulatory authority approved by the LAD,
provided that these two (2) CLPD Points count towards the Accredited CLPD
Activities.
A
Legal Consultant who earns more CLPD Points than required under the CLPD
Programme Requirements in any Filing Period, may request the CLPD Affairs
Committee to carry over a maximum of two (2) CLPD Points to the next Filing
Period.
A Legal Consultant may, during the
Filing Period, substitute the Accredited CLPD Activities with other Professional
Development Activities to be accredited by the LAD, in accordance with the
rules and procedures prescribed by the LAD in this respect.
a. Where
a Legal Consultant fails to submit his Professional Development Record in
accordance with Article (9) of this Bylaw, submits a Professional Development
Record containing inaccurate information, or fails to fulfil the CLPD Programme
Requirements, the CLPD Affairs Committee will serve him with a notice of
non-compliance containing the following:
1.
instances of non-compliance with the
provisions of this Bylaw; and
2.
an order to fulfil the CLPD
Programme Requirements, provide the accurate information, or submit the
Professional Development Record, within fifteen (15) days from the date of
receiving the notice of non-compliance.
b. Upon
the expiry of the period specified in sub-paragraph (a)(2) of this Article, the
CLPD Affairs Committee may, at its discretion, take any of the following
actions:
1.
grant the Legal Consultant a grace
period of no more than thirty (30) days to submit his Professional Development
Record;
2.
grant the Legal Consultant a final
deadline it determines to fulfil the CLPD Programme Requirements and submit his
Professional Development Record; or
3.
reduce the CLPD Programme
Requirements for the Legal Consultant or exempt him from those requirements.
c. Where
a Legal Consultant fails to meet the deadline prescribed in paragraph (a) of
this Article, fails to submit his Professional Development Record, or fails to
fulfil the CLPD Programme Requirements, in accordance with paragraph (b) of
this Article, the CLPD Affairs Committee will notify the Competent Directorate
and Concerned Directorate of the Legal Consultant's non-compliance in order to
take the necessary actions in this respect.
d. The
CLPD Points earned by a Legal Consultant during the period specified in
sub-paragraph (b)(2) of this Article will only count towards fulfilment of the
CLPD Programme Requirements for the Filing Period stated in the notice.
a. A
Legal Consultant must retain all documentation and information relating to his
fulfilment of the CLPD Programme Requirements for a period of three (3) years
following each Filing Period.
b. The
Competent Directorate may require a Legal Consultant to submit, within no later
than fifteen (15) days from the date of notification, all documentation and
information demonstrating fulfilment of the CLPD Programme Requirements for the
previous Filing Period.
c. Where
an audit reveals a suspected violation by a Legal Consultant of any of the
provisions of this Bylaw, the Competent Directorate must refer the matter to
the CLPD Affairs Committee to complete the auditing procedures.
d. The
CLPD Affairs Committee will, if it deems it appropriate, serve a notice on the
Legal Consultant to respond within thirty (30) days.
Where
no response is received within the period specified in paragraph (d) of this
Article, or where the suspected violation is confirmed, the CLPD Affairs
Committee will notify the Competent Directorate of the Legal Consultant's
non-compliance to take the necessary action in this respect.
©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.