Ministerial Decision No. (591) of 1997 On the Implementing Regulation of the Federal Law No. (23) of 1991 On the Regulation of the Legal Profession

Preamble

*  Abrogates:

Ministerial Decision No. (501) of 1992

*  Amended by:

Ministerial Decision No. (618) of 2002 dated 29/10/2002
 

The Minister of Justice, Islamic Affairs and Endowments,

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

Federal Law No. (23) of 1991 Regarding the Regulation of the Legal Profession and the amending laws thereof; and

Acting upon proposal of the Undersecretary of Justice, Islamic Affairs and Endowments,

Has decided:

Article (1)

Rolls of accepted lawyers shall be created in the Ministry of Justice in the following manner:

1) A Roll of practicing lawyers.

2) A Roll of non-practicing lawyers.

3) A Roll of trainee lawyers.

The forms 1, 2 and 3 enclosed herewith shall determine the sections of the said Rolls.

Article (2)

The lawyer registered in the Roll of practicing or trainee lawyers shall receive a registration card renewed on annual basis.

Article (3)

The application for registration in the Roll of practicing or non-practicing lawyers shall be submitted to the president of the Lawyers Admission Committee on a form set for such purpose, enclosed therewith are the following documents:

1) A duly certified certificate proving the nationality of the applicant for registration.

2) A birth certificate, an official copy thereof, or a certificate of age estimation from the competent medical committee in the Ministry of Health, as the case may be.

3) A duly certified copy of the certificate of academic degree obtained by the Law or Sharia student provided that the certificate is made in Arabic. Should it be made in a foreign language, a duly certified legal translation thereof shall be enclosed therewith.

4) A certificate of good behaviour and conduct from the competent authority thereof provided that it is duly certified.

5) A criminal record from the pertinent authority proving that the applicant for registration was never judicially convicted for a breach of honor or trust.

6) A certificate from the party for which the applicant works, proving that he was never disciplinarily convicted for a breach of honor or trust.

7) With respect to the non-national applicant, he shall submit, in addition to the preceding documents, a certificate certified by the lawyers associations or the party for which he worked stating his prior experience in the legal or judicial profession as set forth in Article (7) of the said Federal Law No. (23) of 1991.

8) A statement of the place and the address of the office where the applicant practices the profession thereof.

9) Should the applicant for registration be a non-national, he shall submit a statement of approval of a national lawyer registered in the Roll of Practicing Lawyers opening an office to practice the legal profession independently and for the first time, and such to work in the said office. He shall also submit an undertaking by the owner of the office sponsoring the applicant for registration working in his office.

10) Six personal photos (Size: 4×6 cm)

The documents mentioned hereinabove shall be deposited in the file pertaining to the applicant for registration.

Article (4)

All attorneys holding the UAE nationality and practicing the profession prior to the issuance of the said Federal Law No. (23) of 1991 shall submit to the Lawyers Admission Committee a certificate proving the practice thereby of the profession prior to the issuance of the said Federal Law.

Article (5)

For the renewal of the registration of the national lawyer, he must have pleaded during the year that precedes the renewal of the registration for 25% of the cases registered in his office at least. Such shall be proven by virtue of judgments and official documents issued by the courts of all instances.

Article (6)

Each lawyer registered in the Roll of Practicing Lawyers must notify the Technical Affairs Department in the Ministry of Justice of the address of his office or any change occurring thereto.

Article (7)

The lawyer may not have more than one office in the same city.

Article (8)

Should a lawyer open other legal offices, a national lawyer shall be appointed to work in each thereof.

Article (9)

The application for registration in the Roll of Trainee Lawyers shall be submitted to the head of the Lawyers Admission Committee, and such on the form set therefor. The following documents shall be enclosed therewith:

1) A duly certified certificate of nationality of the applicant.

2) A birth certificate, an official copy thereof, or a certificate of age estimation from the pertinent medical committee in the Ministry of Health, as the case may be.

3) A duly certified copy of the certificate of academic degree obtained by the Law or Sharia student provided that the certificate is made in Arabic. Should it be made in a foreign language, a duly certified legal translation thereof shall be enclosed therewith.

4) A duly certified certificate of good behaviour and conduct from the competent authority thereof.

5) A criminal record from the competent authority proving that the applicant for registration was never judicially convicted for a breach of honor or trust.

6) A certificate from the party for which the applicant worked, if he had worked before, proving that he was never disciplinarily convicted for a breach of honor or trust.

7) Six personal photos (Size: 4×6 cm)

The documents mentioned hereinabove shall be deposited in the file pertaining to the applicant for registration.

Article (10)

The Technical Affairs Department in the Ministry of Justice shall set a statement of the names of the law offices in charge of training tasks. The trainee lawyers shall be distributed to such offices through the Technical Affairs Department in the Ministry.

The lawyers in charge of the training task must be registered in the Roll of Practicing Lawyers for a period of five years at least.

Article (11)

*  As Amended by the Ministerial Decision No. (618) of 2002 dated 29/10/2002

1. Judicial Training and Studies Institute of the Ministry of Justice shall undertake the preparation, rehabilitation and training of trainee lawyers through legal studies related to the legal profession, their introduction to the rules, disciplines, traditions and practices of the profession, and such for a period of six months, after which the trainee lawyer shall pass a test regarding the matters for which he was rehabilitated and trained.

2. The trainee lawyer shall commit to the program set by the Judicial Training and Studies Institute for the purposes of training lawyers. Should he fail to attend 80% of the said program, the training period shall be cancelled.

3. Lawyers having passed the test shall be distributed among lawyers offices for another period of six months to pursue their training, provided that the lawyer supervising the training introduces them to the different instances and types of courts, and the methods of registration and prosecution before courts, after which the trainee lawyer becomes competent to practice the profession.

Article (12)

The trainee lawyer may appear before the Public Prosecution and the Police accompanied by the supervising lawyer.

The trainee lawyer may also appear before the Courts of First Instance in the presence of the supervising lawyer, and such during the second half of the training period.

Article (13)

The supervising lawyer shall provide the Technical Affairs Department in the Ministry of Justice with a report every three months stating the commitment of the trainee lawyer to the attendance, the pursuance of training and the progress achieved with respect to the period of training.

Moreover, the supervisor shall submit to the Committee at the end of the training period a comprehensive and detailed report regarding the trainee lawyer during such period, and shall enclose therewith a statement of cases attended by the trainee lawyer before the courts during his training, provided that such statement is approved by the president of the pertinent court.

Article (14)

The trainee lawyer may request to change the supervising lawyers.

A grounded application shall be submitted to the Technical Affairs Department in the Ministry of Justice which issues the decision thereof with respect to the application in an expedited manner.

Article (15)

In summary cases, the Lawyers Admission Committee or the president thereof may allow one or more lawyers, nationals of Arab countries and practicing the legal profession, to plead a certain case before a court, on condition of reciprocity, and provided that the following conditions are fulfilled:

1) A special log for lawyers allowed to plead a certain case before a court shall be established.

2) The name and nationality of the lawyer and the number of the lawsuit for which he is allowed to plead shall be mentioned in the log referred to in the preceding clause.

3) The lawyer applying for permission shall submit a document certified by the competent authority in his country stating his right to plead before a court of the same degree as the court before which the pleading is requested.

Article (16)

The lawyer, whether he is a principal litigant or an attorney in the lawsuit, may delegate on his own responsibility another lawyer for the attendance, the prosecution and any other litigation procedures, and such without a special power of attorney, unless the power of attorney issued thereto contains a provision prohibiting him therefrom.

The delegation in this regard shall be issued by means of a letter from the delegating lawyer to the delegated lawyer stating the number of lawsuits for which the lawyer is delegated as well as the cause of delegation, provided that such letter is approved by the president of the court before which the lawsuit is heard.

The pertinent courts shall send monthly statements to the Technical Affairs Department in the Ministry stating the names of lawyers and the delegation issued thereby or thereto, as well as the numbers of lawsuits for which they are delegated.

Article (17)

Should the court decide to delegate a defending lawyer for the accused in a felony in accordance with the provisions of Article (24) of said Federal Law No. (23) of 1991 it must refer the matter to the Technical Affairs Department in the Ministry of Justice in order to designate a lawyer thereto. Such lawyer shall be selected from among a special log of lawyers set for this purpose, under the direction of the lawyers in the Ministry. The turn and location of the lawyer's office shall be taken into account upon the selection.

The lawyer delegated for defence may not refrain from such defence and from attendance unless after obtaining the permission of the court. He shall continue to attend until the court accepts his withdrawal and delegated another lawyer.

Should the withdrawal of the lawyer be accepted, his name shall be reentered in the Roll to be re-selected once again in rotation.

Article (18)

The lawyer shall appear before the court in special attire whose specifications are determined by the Minister of Justice, Islamic Affairs and Endowments.

Article (19)

The lawyer shall present himself by means of his full name, academic degree and instances of courts before which he practices the profession, which shall be placed on his desk and on the papers used in his practice of his profession.

Article (20)

The competent authorities shall execute the provisions of the present Decision.

Article (21)

The Ministerial Decision No. (501) of 1992 shall be abrogated by the Implementing Regulation of said Federal Law No. (23) of 1991, and every provision contradicting or contravening with the provisions hereof shall be abrogated.

Article (22)

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

Issued on 6 December 1997

Corresponding to 6 Sha’aban 1418 A.H.

Muhammed Bin Nukheira Al Dhahiri

Minister of Justice, Islamic Affairs and Endowments