UAE Cabinet Approved the Regulation of Professional Law Firms and Legal Consultancies
UAE Cabinet Approved the Regulation of Professional Law Firms and Legal Consultancies
UAE Cabinet Approved the Regulation of Professional Law Firms and Legal Consultancies
Abu Dhabi, March 12 / WAM / The Cabinet has adopted the executive regulations for organizing the professions of law and legal consultancy, which aim to enhance the judicial system in the country, develop the country’s indicators related to the rule of law and the enforcement of justice, as well as achieve effective justice based on concepts of partnership and integration.
These regulations define the conditions and procedures for transferring a lawyer from the list of lawyers practicing before the primary and appellate courts to the list of lawyers practicing before the Federal Supreme Court.
They also specify the practical training conditions for trainee lawyers and the obligations of the supervising lawyer, the regulations for licensing foreign lawyers to practice law in the country, and the conditions and procedures for registering legal researchers and consultants in the register, their renewal, transfer, and deletion from the register, transferring their registration to the non-practicing register, the regulations for deleting or re-registering a legal researcher or consultant, the legal advisor’s powers, and the conditions and procedures for registration in the registry of representatives, its duration, and the renewal request process. The regulations also define the conditions for establishing law and legal consultancy offices, and their licensing, suspension, deletion, and liquidation procedures, as well as the criteria for academic qualification equivalency.
The executive regulations also determine the rights and duties of lawyers and their relationship with clients, the lawyer’s right to charge fees, the court’s criteria for determining the fees of an appointed lawyer in criminal cases, procedures for collecting those fees, the regulations for announcing the lawyer’s practice and the means of doing so, and the ability of lawyers to engage in commercial activities under specific conditions and regulations.
The regulations stipulate that every legal researcher, legal consultant, and representative must not disclose any confidential information entrusted to them, unless the disclosure is necessary to prevent a crime that could harm human life, safety, or cause significant harm to property, or if required by the applicable laws of the country.
The regulations also outline the conditions for granting temporary permission for foreign lawyers to plead before the courts in the country.
The Cabinet also adopted the organizational regulations for professional companies in law and legal consultancy, which aim to enhance the legal environment in the country and regulate the practice of law and legal consultancy according to best practices through firms that take the form of professional companies in law or legal consultancy, thereby developing the legal and consultancy sector and increasing its competitiveness.
These organizational regulations provide a comprehensive framework that defines the controls for establishing and operating professional companies in law and legal consultancy, the required conditions and standards for granting licenses, the mechanisms for supervision, and the legal responsibilities of partners, lawyers, and legal consultants. This ensures the sector’s commitment to the highest standards of professionalism and transparency, guarantees a fully integrated legal work environment that meets market needs, and enhances the sector’s efficiency.
According to these regulations, UAE lawyers and legal consultants are permitted to establish professional companies individually or in partnership with international law firms, provided that these firms have been established for at least 15 years and have branches or companies in at least three other countries, subject to obtaining the necessary approvals from the relevant authorities.
The provisions of these regulations aim to enable UAE lawyers and legal consultants to establish and manage professional companies under clear regulations, providing greater opportunities for growth and professional development, as well as attracting global expertise by allowing partnerships with international legal firms with extensive experience. This contributes to transferring knowledge and improving the quality of legal services in the country.
The regulations also support corporate governance in professional companies and the development of a more flexible and sustainable legal business environment, providing clear mechanisms for licensing, registration, and supervision while ensuring compliance with governance requirements and leading legal practices.
The regulations define the legal forms allowed for professional companies, which include partnerships, limited liability companies, and single-member limited liability companies.
It is required that all partners be licensed to practice the profession in accordance with the provisions of Federal Law No. (34) of 2022 regarding the regulation of the professions of law and legal consultancy and its executive regulations, ensuring compliance with professional and legal standards.
To obtain a professional company license, the applicant must be a UAE lawyer or legal consultant registered with the Ministry of Justice, the company’s founding contract must be certified by the relevant authorities, and professional insurance must be obtained to cover liability for professional errors, ensuring the protection of clients’ rights and boosting confidence in the legal services provided.
Through these organizational regulations, the government enhances the competitiveness of the law and legal consultancy sector, solidifies the UAE’s position as a regional and international hub for advanced legal services, and stimulates international legal firms to invest in the country, transferring global expertise to the local market. This improves the quality of legal services and supports the business and investment environment in the country.
The regulations represent a pivotal step in enhancing transparency and governance in the law and legal consultancy sector, raising the level of available legal services for individuals and businesses, and supporting the nation’s vision of developing a flexible and attractive legal business environment for investments.
The Cabinet also adopted a code of conduct for the professions of law and legal consultancy, aimed at supporting the professional behavior and core values that lawyers and legal consultants should embody. The code aims to provide the best services, ensuring trust and credibility in professional conduct, clarifying the responsibilities of lawyers, their associates, and legal consultants in their professional practices, and enhancing systemic protection for lawyers, legal consultants, their clients, and other related parties.
The code applies to lawyers registered in the lists and legal consultants and researchers registered in the registers designated for each profession with the Ministry of Justice. Those addressed by the code must adhere to its provisions while performing their duties and responsibilities in accordance with professional core values, including: honesty, integrity, neutrality, transparency, respecting others’ rights, maintaining the profession’s reputation, respecting its customs, ethics, honor, and rectitude, applying internal governance and monitoring rules, improving work systems and environments, preventing conflicts of interest, establishing effective frameworks to manage them, working in a manner that enhances confidence in the profession and its practice, and professional competence by making the necessary effort to perform tasks and duties in accordance with the best professional standards.
The code also includes provisions on independence, integrity, adherence to professional ethics and traditions, confidentiality and non-disclosure, compliance with laws, regulations, and rules related to the profession, protecting the interests of clients, avoiding conflicts of interest, and includes general obligations for the lawyer or legal consultant, specific obligations regarding the relationship between the lawyer and the client, fees and expenses, client funds and records, the lawyer’s relationship with the judiciary, colleagues, and specific provisions concerning professional disputes, trainee lawyers, and how lawyers and legal consultants or researchers should engage with the media and social media.
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