Administrative
Resolution No. (55) of 2022
Concerning the Committee for Violations by
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:
Law
No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;
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. (20) of 2021 Forming the Committee for Considering Grievances Related
to the Advocacy and Legal Consultancy Profession in the Emirate of Dubai;
Administrative
Resolution No. (39) of 2021 Concerning the Committee for Violations by
Advocates and Legal Consultants in the Emirate of Dubai and its amendments;
Administrative
Resolution No. (51) of 2022 Approving the Bylaws Concerning the Registration of
Advocates and Legal Consultants in the Emirate of Dubai;
Administrative
Resolution No. (52) of 2022 Approving the Bylaw Concerning the Licensing of
Legal Consultancy Firms in the Emirate of Dubai;
Administrative
Resolution No. (53) of 2022 Approving the Bylaw Concerning the Continuing Legal
Professional Development Programme for Legal Consultants in the Emirate of
Dubai; and
Administrative
Resolution No. (54) of 2022 Concerning the Regulation of Disciplinary
Accountability of Advocates and Legal Consultants in the Emirate of Dubai,
Does
hereby issue this Resolution.
The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:
|
The Emirate of Dubai. |
Emirate: |
|
The Government of Dubai Legal Affairs Department. |
LAD: |
|
The director general of the LAD. |
Director General: |
|
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. |
Resolution: |
|
The Advocacy and Legal Consultancy Profession. |
Profession: |
|
A natural person who is registered with, and authorised by, the LAD to
provide all Legal Services to the public. |
Advocate: |
|
A natural person who is registered with, and authorised by, the LAD to
provide all Legal Services to the public, except Pleading and representing
third parties before the Dubai Courts, including the Courts of First
Instance, the Court of Appeal, and the Court of Cassation. |
Legal Consultant: |
|
An Advocacy Firm or a Legal Consultancy Firm licensed by the LAD and
other competent entities in the Emirate. |
Firm: |
|
The Advocates and Legal Consultants Affairs Directorate of the LAD. |
Directorate: |
|
The Committee for Violations by Advocates and Legal Consultants formed
pursuant to this Resolution. |
Committee: |
|
The committee formed in the LAD to determine grievances related to the
Advocacy and Legal Consultancy Profession in the Emirate of Dubai. |
Grievances Committee: |
a. A committee named the “Committee for Violations by Advocates and Legal Consultants in the Emirate of Dubai” is hereby formed at the LAD. The members of the Committee will be appointed, and its tenure will be determined, by a resolution issued by the Director General.
b. A rapporteur will be appointed to the Committee from among the employees of the LAD by a resolution of the Director General. The rapporteur will be responsible for sending invitations for Committee meetings, preparing its meeting agendas, recording the minutes of its meetings, following up the implementation of its resolutions, and performing any other duties assigned to him by the chairman of the Committee.
The Committee will have the jurisdiction to
consider, and take the necessary action in, the matters referred to it by the Directorate in respect of:
1.
the violations committed by Advocates
and Legal Consultants of the Registration and licensing bylaws, resolutions,
and instructions issued by the LAD, in accordance with the provisions of
Article (9) hereof;
2.
the final court
judgements convicting Advocates or Legal Consultants of crimes affecting honour
or trustworthiness or compromising the code of ethics and duties of the
Profession; and
3.
the final
disciplinary judgements or decisions issued by the competent authorities within and outside
of the Emirate against Advocates or Legal Consultants for acts that compromise
the ethics and duties of the Profession.
In referring the violations committed by
Advocates and Legal Consultants to the Committee, the Directorate will follow these
procedures:
1.
monitor and record the
violations committed by Advocates and Legal Consultants through the Audit Reports it prepares in this
respect. Where any of the actions stipulated in Article (9) of this Resolution
and in the bylaws issued by the LAD in pursuance hereof, are required to be
taken, the Directorate will refer the violations referred to in paragraph (1)
of Article (3) of this Resolution to the Committee; and
2.
prepare Audit Reports on the
final court judgements and final disciplinary decisions and judgements referred to in paragraphs (2) and
(3) of Article (3) of this Resolution, whenever
such judgements and decisions relate to a breach by an Advocate or Legal
Consultant of the duty to uphold good character and repute, or result in an
Advocate or Legal Consultant being convicted of a crime affecting honour or
trustworthiness, as stated in the Advocates and Legal Consultants Registration bylaws
adopted by the LAD.
a. The Committee will convene in person at the LAD’s head office. Meetings of the Committee may be held remotely using audio-visual means of communication.
b. The Committee will convene at the invitation of its Chairman or vice chairman if the Chairman is absent. Meetings of the Committee will be valid if attended by the majority of its members, provided that the chairman or vice chairman is in attendance.
c. The Committee will pass its resolutions by majority vote of attending members, and in the event of a tie, the chair of the meeting will have a casting vote.
d. The decisions of the Committee must be reasoned.
e.
The meetings of the Committee will
be recorded in minutes signed by the chair of the meeting and the attending
members.
Use of modern technology is hereby approved for notification of the procedures for the remote attendance of the Committee’s hearings and for the exchanging of documents. This includes, but is not limited to, violation notification procedures, notification of investigations into the violation, notification of decisions issued by the Committee and of grievances against such decisions.
a. The Committee may, upon a request submitted by the Directorate, and
based on adequate grounds, temporarily suspend an Advocate or Legal Consultant
from practising the Profession in the event of a pre-trial detention decision
or referral order to the competent court is issued, and until final court judgement or decision is rendered by the competent court with regard to the
crime attributed to him.
b. An Advocate or Legal Consultant may submit a grievance to the Grievances
Committee, within thirty (30) days from the date of being notified of the
decision to suspend him from practising the Profession. The Grievances
Committee will consider and determine the grievance within ten (10) days from
the date of submitting the grievance.
a. The Committee will consider the violations referred to it pursuant
to the provisions of paragraph (1) of Article (3) of this Resolution. The
Committee may take, against the violator, any of the actions stipulated in
Article (9) of the Resolution and in the bylaws issued by the LAD in pursuance
hereof, including:
1. suspending the Advocate or Legal Consultant from practising
the Profession for a period not exceeding one (1) year;
2. striking the Advocate or Legal Consultant off the Roll;
3. suspending the Licence of the Firm for a period not
exceeding one (1) year; and/or
4. revocation of the Licence of the Firm.
b. The Committee may, in considering the matters referred to it pursuant to
paragraphs (2) and (3) of Article (3) of this Resolution, take any of the
following actions:
1. serving a written notice;
2. serving a written warning;
3. suspending the Advocate or Legal Consultant from practising
the Profession for a period not exceeding one (1) year; or
4. striking the Advocate or Legal Consultant off the Roll.
a. Without prejudice to the provisions of paragraph (b) of Article (8) of this Resolution, an Advocate or Legal Consultant may submit a written grievance against any decision taken against him under this Resolution. The grievance must be submitted within sixty (60) days commencing from the day following the date of being notified of the contested decision, in accordance with the provisions of Article (11) of the Resolution. The grievance will be heard and determined by the Grievances Committee.
b. The Directorate may submit to the Grievances Committee a reasoned written objection against the Committee's decision within the period set out in paragraph (a) of this Article commencing from the day following the date of issuance of the decision.
a. A decision issued by the Committee in respect of the actions taken
against an Advocate or Legal Consultant under this Resolution,
will be enforceable upon becoming final.
b. The Directorate will inform the Advocate or Legal Consultant of the
decisions issued by the Committee and the Grievances Committee.
c. Where a decision to suspend an Advocate, Legal Consultant, or
Managing Partner from practising the Profession or to strike him off the
Roll is issued, the LAD will determine the obligations of the Advocate, Legal
Consultant, or Managing Partner in respect of the Legal Services he provides or
the Firm he manages, as the case may be, in accordance with the rules and
procedures prescribed by the LAD in this respect.
This Resolution supersedes the above-mentioned Administrative Resolution No. (39) of 2021. The resolutions and instructions issued in implementation of the superseded resolution 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.
©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.