Some Prohibitions on Lawyers in Light of Federal Decree-Law No. (34) of 2022 Regarding the Regulation of the Professions of Advocacy and Legal Consultancy in the United Arab Emirates

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants

The legal profession is considered one of the most noble and prestigious human professions, wherein its practitioners stand in defense of justice, strive to achieve fairness, and work to uphold the rights of the oppressed. Accordingly, the lawyer, as a knight of justice and truth, enjoys an exceptional status in society. They are held in high esteem and regarded with respect and appreciation by all.

A lawyer’s success in preserving the dignity of this noble profession, and in fulfilling the legal, social, and ethical duties entrusted to them, primarily depends on their awareness of the immense responsibility they carry. The fate of their client — and at times, even their life — depends on the lawyer’s conduct and the arguments and defenses they prepare.

In recognition of the sanctity of the legal profession, the esteemed role of lawyers, and the rights of clients who entrust them with their secrets, finances, freedoms, and lives, the UAE legislator has imposed, in Article (45) of Federal Decree-Law No. (34) of 2022 regarding the regulation of the professions of advocacy and legal consultancy, several prohibitions that lawyers must not engage in. These include:

A. Disclosing a secret entrusted to them, whether verbally, in writing, via email, technological means, or by any other means, or a secret they came to know through their profession — unless such disclosure is necessary to prevent the commission of a crime that endangers human life or safety, or could cause serious harm to property, or if it is mandated by the laws in force in the country.

B. Mentioning personal matters that harm opponents, agents, or witnesses, or impugning their reputation, honor, or dignity — unless such mention is required to defend the interests of their client.

C. Disclosing any information about cases they are entrusted with or any secret they have been given.

D. Abusing the right to litigate, including actions aimed at prolonging the dispute.

E. Deceiving or misleading their client in any manner.

F. Providing any form of assistance, even if merely in the form of advice, to their client’s opponent in the same dispute they are entrusted with, or a related dispute, even after the termination of their mandate.

G. Accepting representation in any case that they had previously handled or was within the scope of their official duties as covered under Article (14) of this Decree-Law.

H. Advertising themselves in a manner that does not conform with the traditions of the profession or seeking such publicity through promotional methods or intermediaries. The Executive Regulations of this Decree-Law shall define the regulations and means of advertising.

A closer analytical look at these prohibitions reveals the deep concern the legislator has shown for the legal profession and the strong desire to ensure that lawyers maintain the high status that commands the respect and appreciation of all members of society. It also seeks to prevent any missteps that might occur due to human weakness by some individuals practicing the profession.

Moreover, the legislator did not stop at merely listing these prohibitions but made it clear that any lawyer who violates them will be subject to disciplinary accountability and will face the penalties prescribed by the mentioned Decree-Law and other applicable laws in the country.