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.

Article (1)

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.

Article (2)

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 The resolutions and instructions issued in implementation of these superseded resolutions will continue in force to the extent that they do not contradict the provisions of this Resolution.

Article (3)

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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Title of the Bylaw

Article (1)

This Bylaw will be cited as the “Bylaw Concerning the Continuing Legal Professional Development Programme for Legal Consultants in the Emirate of Dubai”.

Definitions

Article (2)

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).

Objectives of this Bylaw

Article (3)

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.

Scope of Application

Article (4)

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.

CLPD Programme Requirements

Article (5)

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%

Additional CLPD Programme Requirements

Article (6)

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.

Announcement of CLPD Programme Activities

Article (7)

The LAD will regularly announce all CLPD Programme Activities, including registration procedures, venues, methods of calculating CLPD Points, and any other relevant information.

Academic Advisory Board of the CLPD Programme

Article (8)

a.    Pursuant to this Bylaw, a board named the "Academic Advisory Board for the Professional Development Programme" is formed. The members of this board will be appointed, and the rules for its formation and method of convening its meetings will be determined, pursuant to a resolution issued by the Director General.

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.

Obligations of Legal Consultants

Article (9)

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.

CLPD Affairs Committee

Article (10)

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.

Professional Development Activities Accredited by

Another Regulatory Authority

Article (11)

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.

Carrying Over CLPD Points

Article (12)

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.

Substitution of CLPD Programme Activities

Article (13)

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.

Notice of Non-Compliance

Article (14)

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.

Audit

Article (15)

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.