Federal Law No. (23) of 1991 On the Regulation of the Legal Profession

 

Preamble

*  Abrogates:

Federal Law No. (9) of 1980 dated 06/05/1980 and the amending decisions thereof, namely:

Federal Law No. (14) of 1980 dated 06/10/1980,

Federal Law No. (13) of 1984 dated 16/12/1984,

Federal Law No. (3) of 1989 dated 15/08/1989.

 

*  Amended by:

Federal Law No. (20) of 1997 dated 02/08/1997,

Federal Law No. (5) of 2002 dated 19/03/2002,

Federal Law No. (12) of 2005 dated 10/05/2005.

 

We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates State,

Pursuant to the perusal of the Provisional* Constitution; and

*  The word “ Provisional ” has been deleted from the Constitution of the United Arab Emirates, wherever mentioned, by virtue of Article (1) of the Constitutional Amendment No. (1) of 1996 dated 02/12/1996; this Constitution has become the permanent Constitution of the State.

Federal Law No. (1) of 1972 Regarding the Jurisdictions of the Ministries, the Competences of the Ministers and the amending laws thereof; and

Federal Law No. (10) of 1973 Regarding the Federal Supreme Court and the amending laws thereof; and

Federal Law No. (6) of 1978 Regarding the Establishment of Federal Courts and the Transfer of the Jurisdictions of the Local Judicial Institutions in Certain Emirates thereto and the amending laws thereof; and

Federal Law No. (9) of 1980 Regarding the Regulation of the Legal Profession and the amending laws thereof; and

Acting upon the proposal of the Minister of Justice, the consent of the Cabinet and the approval of the Federal Supreme Court;

Have promulgated the following Law:

 

 

Title One. Objectives and Conditions of Practice of the Legal Profession

 

Article (1)

The legal profession is a liberal profession which provides a public service regulated by the present Law and participates with the judicial authority in fulfilling the mission of justice, asserting the sovereignty of the law and guaranteeing the right to defend rights and freedoms.

 

Article (2)

Lawyers are those who practice the legal profession in view of providing judicial and legal assistance to whomever so requires.

In the practice of the profession thereof, the lawyers shall enjoy the rights and guarantees provided for in the Law, and shall abide by the obligations imposed thereon.

 

Article (3)

Rolls of the admitted lawyers shall be established in the Ministry of Justice as follows:

1) Roll of practicing lawyers*;

*  With respect to the enclosures of the Roll of Practicing Lawyers and the sample related thereto, refer to Article (3) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law and the Roll No.1 enclosed with the Implementing Regulation hereof.

2) Roll of non-practicing lawyers*;

*  With respect to the enclosures of the Roll of Non-Practicing Lawyers and the sample related thereto, refer to Article (3) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law and the Roll No.3 enclosed with the Implementing Regulation hereof.

3) Roll of trainee lawyers*.

*  With respect to the enclosures of the Roll of Trainee Lawyers and the sample related thereto, refer to Article (9) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law and the sample No.2 enclosed with the Implementing Regulation hereof.

 

Article (4)

No person shall be entitled to practice the legal profession in the State unless the name thereof is registered in the Roll of Practicing Lawyers set for such purpose in the Ministry of Justice.

The pertinent Emirate may require for the practice by the lawyer of the profession thereof the existence of a licensed office in the said Emirate.

 

Article (5)

Courts and governmental authorities may not accept the lawyer’s proxy unless the name thereof is registered in the Roll of Practicing Lawyers set for such purpose in the Ministry of Justice.

 

Article (6)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997

The person whose name is registered in the Roll of practicing or non-practicing lawyers must fulfill the following conditions:

1) Be a national of the United Arab Emirates State;

2) Be twenty-one years of age at least;

3) Be of complete capacity, with good character and reputation, not judicially sentenced for committing a felony or misdemeanor of breach of honor or trust, or disciplinarily convicted for any of the said crimes;

4) Hold a license in Law or Sharia from an accredited university or higher institute in the State or an equivalent thereof;

5) Have passes the training period set forth in Article (8) of the present Law.

 

Article (7)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997

The following persons may be registered in the Roll of Practicing Lawyers:

1) Whoever has worked in the judicial field or the Public Prosecution for at least two years;

2) Whoever has practiced legal work in a federal or local governmental authority, public institution or entity or the private sector for at least three years.

 

Article (8)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997 and Federal Law No. (12) dated 10/05/2005

1. The trainee shall be registered in the Roll of Trainee Lawyers should he fulfill the conditions determined by virtue of clauses 1, 2, 3, and 4 of Article (6) hereof. The transfer thereof to the Roll of Practicing Lawyers shall not be approved unless he exceeds the training period of one year at least in a continuous manner. The trainee lawyer may, in the second half of the training period, appear before courts of first instance in presence of the principal lawyer.

2. The implementing regulation shall determine the method and duration of the training*.

*  With respect to the training of lawyers, refer to Article (10) and seq. of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law.

 

Article (9)

*  As amended by Federal Law No. (5) of 2002 dated 19/03/2002

As an exception of clause 1 of Article (6), and subject to the provisions of Article (10) hereof, the non-national lawyer may practice the legal profession in the United Arab Emirates State should he fulfill the conditions set forth in clauses 2, 3 and 4 of Article (6) hereof, in addition to the following conditions:

a) He must have worked in the legal profession or the judicial field for a period of fifteen years at least;

b) He must be a legal resident of the State;

c) He must practice the profession through a Bureau of a national lawyer registered in the Roll of Practicing Lawyers. The Implementing Regulation hereof shall determine the number of non-national lawyers registered for the practice of the profession in every office of the national lawyers.

 

Article (10)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997 and Federal Law No. (5) of 2002 dated 19/03/2002

1. The practice of the legal profession before the Federal Supreme Court shall be limited to the national lawyers registered in the Roll of Practicing Lawyers, and such should they fulfill the conditions set forth in the Implementing Regulation hereof.

2. A non-national lawyer may be registered in the Roll of Practicing Lawyers to practice the profession before the courts of appeal and first instance for a period of two years from the date of the enforcement of the present Law.

3. The Cabinet may extend the delay set forth in clause 2 of the present Article for similar period(s), whose total does not exceed four years with respect to the practice of the profession before the courts of appeal, and eight years with respect to the practice of the profession before the courts of first instance.

 

Article (11)

The lawyer admitted for pleading before the Federal Supreme Court prior to starting the legal profession tasks shall take the oath before a department of such court. The lawyer admitted for pleading before the remaining courts shall take the oath before the departments of the courts of appeal.

The oath shall be as follows: "In the name of God Almighty, I pledge to carry out my tasks with trust and honor, to respect the laws of the State, to preserve the legal profession, and to abide by its traditions and ethics."

 

Article (12)

Joining the practice of the legal profession and the practice of the following works shall be prohibited:

1) The presidency or membership of the Cabinet.

2) The presidency of the Federal National Council.

3) Public or private position, with the exception of the national members of the Committee for Teaching Law or Sharia in the university.

4) Trade.

The occupation by the lawyer of any of the said positions shall prohibit him from practicing the legal profession for as long as he occupies such position. He shall be transferred to the Roll of Non-Practicing Lawyers.

 

Article (13)

National lawyers ceasing the practice of the legal profession for whatever reason shall be registered in the Roll of Non-Practicing Lawyers.

The lawyer hindered from practicing the legal profession must request from the Lawyers Admission Committee within thirty days to transfer his name to the Roll of Non-Practicing Lawyers, failing which, he shall be subject to disciplinary accountability. He may, upon the cessation of such hindrance, request that his name be returned to the Roll of Practicing Lawyers.

 

Article (14)

Every lawyer failing to meet any of the conditions of practice of the legal profession shall be eradicated from the Roll of lawyers. Such eradication shall be made by virtue of a decision from the Lawyers Admission Committee.

 

 

Title Two. Lawyers Admission Committee Before the Courts

 

Article (15)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997

A Lawyers Admission Committee shall be established in the Ministry of Justice, Islamic Affairs and Endowments by virtue of a Ministerial Decision as follows:

- Undersecretary of Justice, Islamic Affairs and Endowments – Justice Sector – President;

- Assistant Undersecretary of Justice, Islamic Affairs and Endowments for Technical Affairs – member;

- A judge of the Court of Appeal – member;

- A member of the Public Prosecution of the degree of Prosecution President at least – member;

- Director of Lawyers, Experts and Translators Affairs – member and rapporteur;

- A practicing lawyer upon the nomination of the party to which he is affiliated – member;

- A legal expert selected by the Minister of Justice – member.

 

Article (16)

Upon the registration of the name thereof in the Roll of Practicing Lawyers or upon the renewal of such registration, the lawyer shall pay a fee determined by a Cabinet Decision.

The Minister of Justice, by virtue of decision thereby, determines the certificates for which fees are to be paid, and which are required by the registered lawyers, as well as the fee due for each thereof, provided that it does not exceed AED 100 for every certificate.

 

Article (17)

The application for the registration in the Roll of lawyers shall be submitted to the President of the Lawyers Admission Committee on the form set for such purpose along with the corroborative documents.

The committee may request any further clarifications or information, if need be.

 

Article (18)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997

The Lawyers Admission Committee shall convene upon the call of the President thereof to examine the applications submitted thereto in sequential order. The meeting thereof shall only be valid should it be attended by five members at least. The Committee shall issue its decision to register the name of whoever meets the required conditions or to reject the application with the statement of the causes, as the case may be, with the approval of four members at least. The person whose application is rejected shall be notified of the decision of rejection upon the issuance thereof.

The registration shall be for a period of one year, renewable for similar periods upon the request of the person concerned. The application to renew the registration shall be submitted prior to the date of the termination of the prior registration by one month.

Should the application for renewal not be submitted upon the determined date, the registration shall be deemed cancelled with the elapse of two months from the date of notification. The renewal shall not be made unless after the approval of the Lawyers Admission Committee, and the payment of the sum of AED 500, in addition to the fee of renewal of registration. The applicant for registration whose application was rejected may grieve to the Minister of Justice, Islamic Affairs and Endowments within thirty days from the notification thereof of the rejection of the application. Should no response to the grievance be given within thirty days from the date of submission thereof, such grievance shall be deemed rejected.

The Implementing Regulation shall determine, upon the renewal of the registration of the national lawyer, the ratio of prosecution in cases registered in the office*.

*  With respect to the ratio of prosecution of the national lawyers for the approval of the renewal of his registration, refer to Article (5) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law.

 

Article (19)

The Lawyers Admission Committee may allow one or more lawyers, nationals of Arab countries, practicing the legal profession, and not registered in the Roll of Practicing Lawyers, to plead a certain case before a court, on condition of reciprocity.

In summary cases, the permission shall be issued by the president of the Lawyers Admission Committee.

 

 

Title Three. Rights and Obligations of Lawyers

 

Article (20)

Subject to the provisions of Articles (6) and (10) of the present Law, the concerned persons may delegate their spouses, sons-, or brothers-in-law, or relatives until the fourth degree to appear before courts, arbitration panels and judicial and administrative committees.

 

Article (21)

None other than the lawyers admitted to prosecute before the Federal Supreme Court may appear before such court on behalf of the parties to the litigation, or submit motions, appeals or initiatory pleadings.

 

Article (22)

The lawyer, whether he is a principal litigant or a lawyer in the lawsuit, may delegate in writing another lawyer on his own responsibility* for the attendance, the prosecution and any other litigation procedures, unless the power of attorney issued thereto contains a provision prohibiting him therefrom. Any lawyer issuing unwarranted delegations in contradiction with the restrictions set by the Implementing Regulation shall be subject to disciplinary accountability.

*  With respect to the delegation of a lawyer by another lawyer on his own responsibility, refer to Article (16) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law.

 

Article (23)

The lawyer shall appear before the court in special attire for the legal profession.

 

Article (24)

Should the court delegate a lawyer to defend an accused* in a crime sentenced to the death penalty or life or provisional imprisonment for a period of ten years at least, the lawyer must appear and defend the person for whose defense he was delegated in all court sessions. Upon the settlement of the case for which the lawyer is delegated, the court shall estimate the honoraria of the lawyer. The decision thereof in this concern shall be final, and the honoraria shall be paid from the treasury of the ministry of Justice by virtue of a certificate granted thereto by the court that had estimated such honoraria.

*  With respect to delegation by the court of a lawyer to defend an accused, refer to Article (17) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law.

 

Article (25)

The lawyer shall submit his certified power of attorney to the court at the first session attended thereby on behalf of his principal. Should such power of attorney be special, it shall be deposited in the case file.

Should the power of attorney be general, it shall be sufficient to mention in the minutes of the session the number and date thereof as well as the party before which such power of attorney is made, and to deposit a copy thereof in the case file.

Should the principal appear with the lawyer in the criminal case, the judge shall mention such attendance in the minutes of the session. Such attendance shall replace the authentication of the power of attorney.

 

Article (26)

The lawyer, upon the elapse of the power of attorney, must return to the principal the power of attorney as well as all original documents and papers.

Nevertheless, should he have not yet received his honoraria, he may take copies of all documents that can be used to claim such honoraria at the expense of the principal, and may keep the original documents and papers until the principal pays him the expenses of the photocopies. The lawyer shall not be obliged to hand the principal thereof the drafts made thereby with respect to the case, the letters received thereby from the principal or the documents related to the paid sums, that have not been repaid to him.

Nevertheless, the lawyer may give the principal thereof copies of such papers upon the request and at the expense of the principal.

 

Article (27)

The lawyer may relinquish his proxy before the courts. In such case, he must notify his client or the client’s representative of his relinquishment by virtue of a registered letter of withdrawal. The lawyer must pursue the proceedings of the case for a period of one month at most from the date of the dispatch to the principal of the said notification, whenever such is necessary for the defense of the interests of the principal or the representative thereof, should he not notify him or the court of the approval of the withdrawal and the appointment of another lawyer before the elapse of such period.

Should the lawyer withdraw, he shall return to the principal thereof the power of attorney, the original documents and papers as well as the sum of the honoraria paid in advance.

In all cases, the relinquishment of the proxy may not occur should the case for which the lawyer is proxy be ready for settlement, unless with the approval of the court before which the case is heard.

 

Article (28)

The lawyer shall be entitled to receive honoraria for the tasks carried out thereby within the limits of the proxy thereof. He may claim all expenses paid thereby for the pursuance of cases or tasks for which he was proxy.

 

Article (29)

The lawyer shall receive the honoraria thereof in accordance with the contract signed between himself and the principal thereof. Nevertheless, the court hearing the case may, upon the request of the principal, reduce the honoraria agreed upon should it deem that such honoraria are overstated with respect to the efforts exerted for the case and to the benefits of the client.

Such honoraria may not be reduced should the agreement thereto be made subsequent to the termination of the work. Should there not be a written agreement with respect to the honoraria, or should the written agreement be void, the court hearing the case shall, in the event of a dispute and upon the request of the lawyer or the principal, estimate the honoraria of the lawyer in accordance with the efforts exerted thereby and the benefits accrued to the principal.

The lawyer and the client shall be entitled to grieve against the estimation order within fifteen days following the notification thereof of such order, and such by charging the litigant thereof with the appearance before the court which issued the order.

The grievance shall be heard in a summary manner.

However, should the honoraria subject of the litigation be for another task and not for the case heard by the court, the lawyer and principal may each file a regular case for the estimation thereof. Such case shall be subject to the rules of the Civil Procedures Law.

 

Article (30)

Should the lawyer finalize a case by reconciliation or arbitration in accordance with the matters commissioned thereto by the principal thereof, he shall be entitled to the complete honoraria agreed upon, unless it was agreed otherwise.

Should the case subject of the agreement engender other cases and tasks not mentioned in the agreement, the lawyer shall be entitled to claim honoraria therefor.

 

Article (31)

The lawyer may not purchase all or some of the rights subject of the dispute, or agree to receive a part thereof as honoraria therefor.

 

Article (32)

The honoraria of the lawyers and the expenditures annexed thereto shall have the right of priority directly subsequent to the rights of the State over the sums due to the principal thereof by reason of the work of the lawyer or the decision of the case subject of the power of attorney.

 

Article (33)

Should the principal dismiss the lawyer thereof without legitimate ground subsequent to the commencement of the work entrusted thereto, the principal shall be enjoined to pay the entire honoraria agreed upon as if the lawyer has finalized the work in favor of the principal thereof.

Should the dismissal occur prior to the commencement of the work entrusted thereto, the lawyer shall be entitled to honoraria for the efforts exerted thereby prior to the commencement of the work, provided that they do not exceed 25% of the value of the honoraria agreed upon. Should there not be an agreement with respect to the honoraria, they shall be estimated by virtue of the provision referred to in paragraph 3 of Article (29).

 

Article (34)

Should the principal pass away and the inheritors thereof choose to stop the power of attorney, the lawyer shall be entitled to honoraria for the efforts exerted thereby. The estimation thereof shall be subject to the provisions of the agreement concluded between the lawyer and the legator, if any.

 

Article (35)

The lawyer may not carry out any work contradicting with the honor or traditions of the legal profession. The lawyer shall abide in his work by the honor and trust, and the ethics of the profession.

He shall behave with respect to judges in a manner that respects the honor of the judiciary. He shall avoid any matter that hinders the settlement of cases or that breaches the course of justice.

 

Article (36)

*  As amended by Federal Law No. (20) of 1997 dated 02/08/1997

Each lawyer shall take a decent office for the carrying out of the legal tasks. He shall notify the Ministry of Justice, Islamic Affairs and Endowments of the address of the office thereof, and of any change occurring thereto. Such office shall be deemed valid for carrying out the judicial and legal notifications and declarations in accordance with the Law.

In all cases, the lawyer may not have more than one office in the same city.

The lawyer may open other legal offices in any of the Emirates of the State provided that a national lawyer is appointed to work in each thereof.

 

Article (37)

The lawyer may not advertise or seek to advertise himself* in a manner contradicting the traditions of the profession or through publicities or by promoting for the use of the mediators. The Implementing Regulation shall determine the means of advertisement.

He may not allocate a part of the honoraria thereof to a person who is not a lawyer.

*  With respect to the self-advertisement of the lawyer, refer to Article (19) of the Implementing Regulation of the present Law issued by virtue of the Ministerial Decision No. (591) of 1991 dated 06/12/1991 published directly subsequent to the present Law.

 

Article (38)

The lawyer may not accept a power of attorney or continue therein in a case or task before a judge who is related thereto directly or by marriage to the fourth degree, even if the litigant of the principal thereof agree thereto.

 

Article (39)

Whoever occupied and resigned from a public or private position to work in the legal field may not accept a power of attorney by himself or by means of a lawyer working therefore in a case filed against the party for which he worked, and such within a period of two years following the date of resignation from such position.

 

Article (40)

The lawyer may not be appointed as attorney in a litigation against a party having sought his consultation therein and showed him the documents and defense thereof in counterpart of honoraria.

 

Article (41)

The lawyer shall refrain from testifying with respect to the facts or information that came to his knowledge via his profession, unless the informer thereof agrees thereto, unless he had mentioned such facts or information thereto in view of committing a felony or a misdemeanor.

 

Article (42)

The lawyer may not divulge a secret entrusted thereto or known thereby via his profession, unless such divulgation prevents the perpetration of a crime.

 

Article (43)

The lawyer must refrain from granting any assistance, even in the manner of advice, to the litigant of the principal thereof in the same litigation for which he is proxy, or any litigation related thereto, even after the termination of the power of attorney thereof.

 

Article (44)

The lawyer may not be subject to investigation, and the office thereof may not be searched for reasons related to the profession thereof unless with the knowledge of the Public Prosecution.

 

Article (45)

The office of the lawyer or the items available therein and necessary for the practice of the profession thereof may not be seized.

 

 

Title Four. Discipline of Lawyers

 

Article (46)

Should the lawyer, during his presence in the session for or due to the performance of his duty, breach the order or any matter requiring his disciplinary or criminal censure, the president of the session shall order the issuance of a verbal process stating such breach, and shall refer him to the Public Prosecution. The latter may take criminal procedures should the act carried out by the lawyer is a crime punishable by the law. It may also refer him to the disciplinary trial should the act carried thereby be a mere breach of the obligations thereof. The Public Prosecution shall notify the Lawyers Admission Committee of the outcomes of such procedures.

 

Article (47)

Every lawyer breaching the obligations of the profession thereof set forth in the present Law, or acts in a degrading manner shall be sentenced to one of the following disciplinary sanctions:

1) Warning, by virtue of a letter addressed to the lawyer to draw his attention to the act occurred thereby, and to request of him not to repeat such act in the future.

2) Suspension from work for a period not exceeding two years.

3) Strike the name in a final manner off the Roll.

 

Article (48)

The complaint shall be submitted to the Lawyers Admission Committee. Should such committee deem that the breach is simple, and after hearing the statements of both parties, it may inflict upon him the sanction of warning or suspension for a period not exceeding one month.

The lawyer may grieve against such decision within fifteen days from the date of the notification or knowledge thereof to the Minister of Justice.

Should the simple breach be repeated, or should the breach be major, the matter shall be referred to the Public Prosecution.

 

Article (49)

The suspension of the lawyer shall entail his deprivation from practicing his profession for the entire duration of the suspension. Should he breach such provision, he shall be disciplinarily sentenced to the striking of his name in a final manner from the Roll. He may not be re-registered after being stricken from the Roll.

 

Article (50)

The retirement of the lawyer from the profession shall not prevent the disciplinarily indictment thereof within the period of three years following the retirement thereof, and such for actions perpetrated thereby during the practice of the profession thereby.

 

Article (51)

The discipline of the lawyers shall fall within the jurisdictions of the Disciplinary Board presided by one of the presidents of the court of appeal and comprising two judges of the courts of appeal as members selected by the Minister of Justice.

 

Article (52)

The lawyer shall be notified to appear before the pertinent Disciplinary Board in person or by means of a registered letter with acknowledgement of receipt, and such fifteen days at least prior to the determined session.

The lawyer may appoint an attorney to defend him before the Disciplinary Board. The Disciplinary Board may request his appearance in person before it, should it deem so necessary.

 

Article (53)

The Disciplinary Board may, by its own accord or upon the request of the Public Prosecution or the lawyer referred for discipline, request the presence of witnesses whose testimony is deemed necessary by the Board. Should a witness fail to appear without a legitimate reason, or attend and refrain from giving a testimony, the Board may sentence him to the sanctions set forth in this regard in the Penal Code.

 

Article (54)

The sessions of the Disciplinary Board shall be confidential. The Board shall issue its decision after hearing the claims of the Public Prosecution and the defense of the lawyer referred to the Board or the attorney thereof. The decision of the Disciplinary Board must be grounded.

 

Article (55)

The disciplinary decisions shall be announced by an announcer. The delivery of a copy of the decision with receipt to the concerned lawyer shall be deemed as an announcement.

The lawyer may not object to the disciplinary decisions.

 

Article (56)

The Public Prosecution and the convicted lawyer may appeal the decision issued by the Disciplinary Board of the lawyers before the Federal Supreme Court, and such within fifteen days from the issuance of the decision with respect to the Public Prosecution, and from the date of the notification thereof or the receipt of a copy thereof with respect to the lawyer. The appeal shall be made by means of an initiatory pleading submitted to the registry of the Federal Supreme Court.

The appeal shall be heard before the Criminal Supreme Department in confidential session and in accordance with the rules of appeal set forth in the Criminal Procedures Law.

 

Article (57)

The lawyer against whom a disciplinary decision or judgment to strike his name in a final manner from the Roll, after the elapse of three years at least, may request from the Lawyers Admission Committee the re-registration of his name and the Roll. The said Committee may accept such request and order to re-register his name, should it see that the elapsed duration is sufficient to rectify the situation of the lawyer and to eliminate the act perpetrated thereby.

However, should the Committee decide to reject the request, the renewal thereof may only be reconsidered after the elapse of another year from the date of rejection.

 

 

Title Five. Transitional Provisions

 

Article (58)

Lawyers practicing any of the actions referred to in Article (12) upon the enforcement of the present Law may choose between the legal profession and the other work within one year at most from the date of enforcement of the present Law.

 

Article (59)

Lawyers sponsored by part-time lawyers shall rectify their situations, and such by registering in full-time and registered lawyers within one year from the date of enforcement of the present Law.

 

Article (60)

Unlicensed lawyers on the federal level shall be granted one year to rectify their situations in accordance with the provisions of the present Law.

 

Article (61)

With the exception of the provisions of clause 4 of Article (6), the attorneys, nationals of the United Arab Emirates practicing the legal profession prior to the issuance of the present Law, shall pursue such practice provided that they practice the profession by themselves without having the right to sponsor other lawyers.

 

 

Title Six. General and Final Provisions

 

Article (62)

With the exception of the provisions of Articles (20) and (21) of the present Law, the competent department in the Ministry of Justice shall act on behalf of the Ministries, governmental departments, public entities and federal public institutions of all kinds, and such with respect to the submission of motions, initiatory pleadings, appeals, defenses, and in general all actions required for the prosecution of cases and appeals before all instances of the courts of the State, and before arbitration panels in the State or any other party commissioned by the law with judicial jurisdictions, whether the ministries, the governmental departments and the public entities and institutions are plaintiffs or defendants.

Local governmental authorities, local public entities and institutions and companies owned by the State or in whose capital the State holds 51% at least, may delegate to act on their behalf in carrying out the tasks referred to in the preceding paragraph the competent department in the Ministry of Justice, or legal advisors and experts from among the nationals, provided that they are registered in the Roll of Non-Practicing Lawyers. Such departments may also appoint attorneys to carry out on their behalf the said actions, provided that the attorney is allowed to plead before the court before which the proceeding is carried out.

 

Article (63)

The Minister of Justice shall issue the regulations and decisions necessary for the implementation of the present Law.

 

Article (64)

The Federal Law No. (9) of 1980 regarding the Regulation of the Legal Profession shall be abrogated. Furthermore, any provision contradicting the provisions of the present Law shall be abrogated.

 

Article (65)

The present Law shall be published in the Official Gazette, and shall enter into force as of the date of publication thereof.

 

Promulgated by Us at the Presidential Palace in Abu Dhabi

 

On 16 December 1991

Corresponding to 10 Jumada Al-Akhar 1412 H.

 

Zayed Bin Sultan Al Nahyan

President of the United Arab Emirates