Administrative Resolution No. (234) of 2015 Adopting the Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai

 

Preamble

The Director General of the Government of Dubai Legal Affairs Department, 

After perusal of Article 5(15) of Law No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department which provides for the Department’s authority to license and regulate the practice of the advocacy and legal consultancy profession and firms and to issue the required regulations, bylaws and resolutions; 

The powers vested in the Director General of the Government of Dubai Legal Affairs Department pursuant to Articles (2) and (14) of Executive Council Resolution No. (22) of 2011 Concerning Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai; and

Administrative Resolution No. (125) of 2012 Adopting the Bylaw Concerning the Registration of Legal Consultants Firms in the Emirate of Dubai; 

Does hereby issue the following Resolution:

 

Article (1) 

By virtue of this resolution, the attached Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai including all rules and procedures shall be adopted.

 

Article (2) 

This resolution replaces Administrative Resolution No. (125) of 2012 Adopting the Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai.

 

Article (3) 

This resolution shall come into force on the 1st November 2015.

 

(Signed)
Dr. Lowai Mohamed Belhoul

Director General

 

Issued in Dubai on 10 September 2015

Corresponding to 26 Thu Al Qa'dah Safar 1436 A.H.

 

 

Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai

 

Article (1) Title of the Bylaw

This Bylaw shall be cited as “Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai”.

 

Article (2) Definitions

The following words and expressions, wherever mentioned in this Bylaw, shall have the meaning indicated opposite each of them unless the context implies otherwise: 

State: The United Arab Emirates.

Emirate: The Emirate of Dubai.

Department: The Government of Dubai Legal Affairs Department.

Director General: The Director General of the Department.

Resolution: Executive Council Resolution No. (22) of 2011 Concerning Fees and Fines Prescribed for the Advocacy and Legal Consultancy Profession in the Emirate of Dubai.

Roll: The paper or electronic record maintained by the Department for the purpose of recording the categories of and information pertaining to Legal Consultants.

Registration: Registration of a Legal Consultant on the Roll.

Legal Consultant: A natural person registered on the Roll.

Visiting Legal Consultant: A natural person not registered on the Roll and who is authorised by the Department to practice the Profession in the Emirate in accordance with the provisions of this Bylaw.

Firm: An advocacy or legal consultancy firm licensed by the Department and the competent authorities in the Emirate.

Profession: Provision of Legal Services to the public.

Legal Services:Services which the Legal Consultant is authorised to provide in the Emirate, including but not limited to, providing legal opinion and advice; drafting contracts; registering and liquidating companies; concluding settlements; representing clients before arbitration tribunals, centres and conciliation commissions as well as other entities; and any other legal services except pleading and representing persons before Dubai courts which includes (First Instance Court, Court of Appeal and Court of Cassation).

 

Article (3) Scope of Application

a. This Bylaw shall apply to Legal Consultants registered on the Roll maintained by the Department.

b. This Bylaw shall not apply to persons who provide Legal Services as employees of Government entities, corporations, companies and other entities, which do not provide Legal Services to the public.

 

Article (4) Powers and Duties of the Department

For the purpose of implementing this Bylaw, the Department shall have the powers and duties to: 

1) Establish the requirements and rules that must be met and the procedures that must be followed for the registration of Legal Consultants in the Emirate and regulate the modification of Registration on the Roll;

2) Consider applications for Registration, renewal of Registration, reinstatement of Legal Consultants on the Roll and the amendments to the Registration particulars in accordance with the rules and procedures prescribed in this regard;

3) Consider Visiting Legal Consultants applications, and issue the required authorisation letters in accordance with the rules and procedures prescribed in this regard;

4) Maintain the Roll and determine its categories, and the data and information that must be recorded on the Roll;

5) Transfer Legal Consultants from one category on the Roll to another in accordance with the rules and procedures prescribed in this regard;

6) Issue identification cards to Legal Consultants registered on the Roll in the category of practising;

7) Determine the areas of law in which a Legal Consultant shall be authorised to practise the Profession, where required;

8) Establish the rules for suspending Legal Consultants from practising the Profession or the striking off of Legal Consultants from the Roll in accordance with the legislation regulating the Profession, the bylaws, resolutions and instructions issued by the Department;

9) Record violations and receive and investigate complaints made against persons practising the Profession and take the necessary action in this regard;

10) Impose penalties prescribed by the Resolution on persons found in breach of the Resolution, the provisions of the bylaws, resolutions and instructions issued by the Department;

11) Prepare and implement the programmes required for qualifying and training Legal Consultants;

12) Prescribe the forms required for the implementation of the provisions of this Bylaw; and

13) Any other duties within its powers that relate to the Registration of Legal Consultants in the Emirate.

 

Article (5) Roll of Legal Consultants

The Department shall establish a Roll in which the following two categories shall be registered:

1) Practising Legal Consultants who are persons registered on the Roll and are authorised to practise the Profession in the Emirate through Firms; and

2) Non-practising Legal Consultants who are persons registered on the Roll who are not authorised to practise the Profession.

 

Article (6) Practising the Profession

a. No person may practise the Profession in the Emirate or hold himself out to be a Legal Consultant unless he holds valid Registration on the Roll in the category of practising Legal Consultants and practises through a Firm.

b. No Legal Consultant may practise the Profession in any area of the law other than the area for which he is authorised to practise in the Emirate.

 

Article (7) Registration Requirements

a. An applicant for Registration must meet the following requirements:

1) Be of full legal capacity;

2) Be of good character and repute, and not have been convicted of an offence affecting the honour or trustworthiness of the applicant, unless the applicant has been pardoned or rehabilitated;

3) Have obtained one of the following qualifications:

a) an undergraduate university degree in law, or equivalent, from an educational institution recognised by the competent authority in the Emirate or State; or

b) an academic qualification in law and a valid professional membership qualification in the jurisdiction in which the applicant is authorised to provide Legal Services.

All qualifications must be duly attested.

4) Applicant(s) must have a minimum of one (1) year practical legal experience if the applicant is a UAE national, or three (3) consecutive years’ practical legal experience if the applicant is a non-UAE national graduate of an educational institution in the State or five (5) consecutive years’ practical legal experience if the applicant is a non-UAE national graduate of an educational institution outside the State. This only applies to holders of an undergraduate degree in law or equivalent, from an educational institution recognised by the competent authority in the Emirate or State.

5) Pay the fees prescribed for the Registration in accordance with the procedures adopted by the Department in this regard; and

6) Any other requirement(s) determined pursuant to the bylaws, resolutions and instructions issued by the Department.

b. Notwithstanding the provisions of paragraph (a-4) of this Article, non-UAE nationals who have previous experience as judges, members of the public prosecution or non-visiting faculty members of an academic or training institution that hold a post-graduate degree in law may be registered if they have obtained a minimum of two (2) years’ practical legal experience.

c. The Department may exempt an applicant applying for registration on the Roll from the practical legal experience requirement stipulated in paragraphs (a-4) and (b) of this Article in accordance with the relevant rules and requirements set by the Department in this regard.

 

Article (8) Term of Registration on the Roll

The term of Registration on the Roll in the category of practising Legal Consultants shall be one (1) year renewable for the same period.

 

Article (9) Practise Requirements

A Legal Consultant wishing to practise the Profession in the Emirate must meet the following requirements:

1) Maintain full-time employment within a Firm, and must not engage in any commercial activity or practise another profession, except teaching in any area of the law or training the legal profession;

2) Hold a valid Registration in the category of practising Legal Consultants; and

3) Non-UAE nationals must hold a valid residency in the State, and a labour card registered with the Firm through which they practice.

 

Article (10) The Practise Oath

a. A Legal Consultant may only commence the practice of the Profession in the Emirate after taking an oath before the Director General or an assignee, to practice the Profession with honesty and integrity in accordance with the legislations in force in the Emirate and to safeguard the client's interests and uphold the ethics and traditions of the Profession.

b. The taking of the oath shall be evidenced in writing, and a copy of such shall be recorded and maintained on the Legal Consultant’s file.

 

Article (11) Registration Renewal Requirements

a. Legal Consultant Registration renewal applications on the Roll in the category of Practising must be submitted within the last month prior to the expiration date of the Registration. Legal Consultants must meet the following requirements to renew their Registration:

1) Submit an application for renewal of Registration;

2) Meet all the requirements for Registration stipulated in Article (7) of this Bylaw;

3) Meet all the professional training and development requirements determined by the Department;

4) Pay the fees prescribed for the renewal of Registration of Legal Consultants in accordance with the procedures set by the Department in this regard; and

5) Any other requirement(s) determined pursuant to the bylaws, resolutions and instructions issued by the Department.

b. In the event that a Legal Consultant fails to renew the Registration within the time frame specified in paragraph (a) of this Article and without reason(s) acceptable to the Department, the Legal Consultant shall be subject to the penalties prescribed in the Resolution.

 

Article (12) Procedures for Registration on the Roll

Applications for Registration, renewal of Registration or reinstatement on the Roll must be submitted in the form prescribed for this purpose, and supported by the documents required by the Department.

 

Article (13) Consideration of Applications for Registration

Application(s) for the Registration, renewal of Registration, reinstatement and amendments to Legal Consultant Registration particulars on the Roll shall be considered by the Department in accordance with the rules and procedures stipulated in this Bylaw. The Department shall notify the applicant of the decision taken in this regard within two (2) working days from the date of issuance of the decision.

 

Article (14) Restricted Practise of the Profession

The Department may authorise a Legal Consultant registered on the Roll in the category of practising Legal Consultants to practise the Profession in a specific area of the law, and accordingly the Legal Consultant must comply with the said restriction. In the event that he fails to comply with the said restriction, the Department may impose the penalties prescribed by the Resolution.

 

Article (15) Visiting Legal Consultants

a. Notwithstanding the provisions of Paragraph (a) of Article (6) of this Bylaw, the Department may authorise following an application submitted by a person practising the advocacy or legal consultancy profession within or outside the State to provide Legal Services in the Emirate as a Visiting Legal Consultant, conditional upon the applicant satisfying the following requirements to:

1) Hold a valid professional membership from a competent regulatory authority outside the Emirate;

2) Submit a valid professional indemnity insurance policy which covers the period during which Legal Services will be provided in the Emirate, in accordance with the rules adopted by the Department in this regard;

3) Provide the Department with a confirmation issued by the entity from which he will provide Legal Services, including but not limited to: DIFC Dispute Resolution Authority, arbitration, settlement or dispute resolution centres, tribunals, government companies and entities in the Emirate, a Firm, or any other government entity recognised by the Department.

4) Submit reasons for applying for the authorisation letter;

5) Inform the Department, upon its request, of the number of working days required to provide Legal Services in the Emirate or the number of legal matters he has acted upon, as applicable, or any other particulars requested by the Department; and

6) Any other requirements determined pursuant to the bylaws, resolutions, and instructions issued by the Department.

b. A Visiting Legal Consultant may not hold himself out as or represent that he is authorised to practise the Profession in the Emirate outside the scope of the authorisation granted to him. Contravention of such shall result in the revocation of the authorisation, without prejudice to the penalties prescribed in this regard.

c. A Visiting Legal Consultant shall be issued with one (1) authorisation letter a year permitting the practice of the Profession in the Emirate for a period that does not exceed thirty (30) days or until the completion of a specific legal matter, in accordance with the Department's rules in this regard.

d. Conditional upon reasons accepted by the Department, the Department may only once, upon a request submitted by the Visiting Legal Consultant, extend the validity of the authorisation letter granted to him or increase the number of legal matters for which he is authorized to conduct.

 

Article (16) Request for Transfer between Categories on the Roll

a. A Legal Consultant, who is unable to practise the Profession or who applies to be transferred from the category of practising Legal Consultants to the category of non-practising Legal Consultants, shall submit an application to the Department, setting out the reasons for requesting the transfer and must pay the fees prescribed for such transfer in accordance with the Department's rules.

b. The Department may transfer a Legal Consultant from the category of non-practising Legal Consultants to the category of practising Legal Consultants upon an application submitted by the Legal Consultant who must:

1) Submit all necessary supporting documentation evidencing he shall be practising the Profession on a full-time basis;

2) Identify the Firm through which the Legal Consultant intends to practise the Profession;

3) Pay the prescribed Registration fee in the event that one or more years have lapsed since Registration or renewal of Registration, or pays the fee prescribed for amendment of the particulars of registration in the event of a shorter period; and

4) Meet any other requirements determined by the Department.

 

Article (17) Suspension and Striking off the Roll

a. Without prejudice to the role of the Department to issue resolutions and instructions regulating professional conduct and to suspend and strike off Legal Consultants and to implement penalties on violating Legal Consultants against professional misconduct, the Department may suspend or strike off Legal Consultant from the Roll for a period of no more than one (1) year as a result of:

1) Failure to renew Registration on the Roll in the category of practising Legal Consultants within the required time frame;

2) Failure to pay the prescribed fee for Registration within the required time frame;

3) Failure to submit any required documentation to the Department within the required timeframe;

4) Submission of any false information or data regarding his Registration; or

5) Violate the legislation, bylaws and instructions issued by the Department.

b. The Department shall strike off a Legal Consultant from the Roll if mandated by a judicial order or following a disciplinary action.

c. A Legal Consultant who has been suspended from practising the Profession must not for the duration of suspension practise, represent or hold himself out to be practising the Profession.

 

Article (18) Reinstatement

a. Following the expiration of the suspension period, and upon the submission of an application, the Department may reinstate a former suspended Legal Consultant on the Roll in the category of Practising Legal Consultants.

b. Following the expiration of a one (1) year period from the date of the decision to strike off a Legal Consultant from the Roll, and upon the submission of an application, a former Legal Consultant who has been struck off the Roll for committing any of the violations stipulated in Paragraph (a) of Article (17) of this Bylaw, may be reinstated by the Department.

c. Following the expiration of a three (3) year period from the date of the decision to strike off a Legal Consultant from the Roll, and upon the submission of an application, a former Legal Consultant who has been struck off the Roll due to a judicial order or a disciplinary action may be reinstated by the Department.

d. The Department may exempt any former Legal Consultant from compliance with the time period(s) prescribed in Paragraphs (b) and (c) of this Article.

e. The Department shall issue a decision to reinstate a former Legal Consultant on the Roll in the category of practising Legal Consultants if it deems that the time that elapsed since the striking off the Roll has been sufficient to reform the former Legal Consultant and redress the damage that resulted from his acts.

f. In considering an application for reinstatement, all registration requirements stipulated by this Bylaw must be met.

 

Article (19) Identification Card

a. The Department shall issue each Legal Consultant registered on the Roll in the category of practising Legal Consultants with an identification card, which shall evidence that the holder is authorised to practise the Profession in the Emirate through a Firm.

b. The identification card is the official property of the Department. The practising Legal Consultant may not use it except for the purpose for which it was issued, and must:

1) Prohibit others from making use of the card;

2) Show the card, upon request, to the individuals, and public and private entities, with whom he deals;

3) Notify the Department in the event of the loss or damage to the card;

4) Not amend, delete, or add to the information recorded on the card; and

5) Return the card to the Department upon the practising Legal Consultant being transferred to the category of non-practising Legal Consultants, being struck off the Roll or being suspended, or following an amendment to the registration particulars, or upon the request of the Department.

 

Article (20) Amendment of the Registration Particulars

All Legal Consultants registered on the Roll in the category of practising Legal Consultants must notify the Department of any change of Registration information or any other relevant professional information within fifteen (15) days of such change, failing which disciplinary action and penalties prescribed in the Resolution shall apply. Amendment(s) shall only take effect upon the date of approval of such amendment by the Department.

 

Article (21) Obligations of the Legal Consultant

All Legal Consultant must comply with all legislations regulating the practice of the Profession, including the provisions of the Resolution, bylaws, resolutions and instructions issued by the Department, failing which disciplinary action and penalties prescribed in this regard shall apply.

 

Article (22) Grievances

A concerned person may submit in writing a grievance to the Director General against any decision issued against him within sixty (60) days from the date of the issuance of the decision. Grievances shall be presented to and decided upon by a committee formed by a resolution of the Director General, and all decision issued by the committee shall be deemed final.

 

(Signed)
Dr. Lowai Belhoul

Director General

 

Issued in Dubai on 10 September 2015

Corresponding to 26 Thu Al Qa'dah Safar 1436 A.H.