Administrative Resolution No. (51) of 2022 Approving the Bylaws Concerning the Registration of Advocates and Legal Consultants in the Emirate of Dubai

المادة 1

Pursuant to this Resolution, the “Bylaw Concerning the Registration of Advocates in the Emirate of Dubai” and “Bylaw Concerning the Registration of Legal Consultants in the Emirate of Dubai”, attached to this Resolution, together with the rules and procedures set out therein, are approved.

المادة 2

The following words and expressions, wherever mentioned in this Bylaw, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. LAD: The Government of Dubai Legal Affairs Department. Director General: The director general of the LAD. Resolution: Executive Council Resolution No. (22) of 2011 Concerning the Fees and Fines Prescribed for Conducting the Advocacy and Legal Consultancy Profession in the Emirate of Dubai. Roll: The paper or electronic record maintained by the LAD for the Registration of Legal Consultants and recording their categories and details pursuant to the provisions of Article (5) of this Bylaw. Registration: The registration of Legal Consultants on the Roll. Legal Consultant: A natural person who is registered on the Roll in the category of practising legal consultants; or otherwise, where the context requires, who is registered in the category of non-practising legal consultants. Visiting Legal Consultant: A natural person who is not registered on the Roll but who is authorised by the LAD to practise the Profession in the Emirate, in accordance with the provisions of this Bylaw. Firm: An advocacy or legal consultancy firm which is licensed by the LAD and the competent entities in the Emirate. Profession: The provision of Legal Services to the public. Legal Services: The legal services which Legal Consultants are authorised to provide in the Emirate. These include, but are not limited to, providing legal opinions and advice; drafting contracts; registering, liquidating, and winding up companies; concluding settlements; representing others before arbitration tribunals and centres, conciliation committees, and other entities; and any other legal services except Pleading, and representing others before the Dubai Courts, including the Courts of First Instance, the Court of Appeal, and the Court of Cassation.

المادة 3

a. The provisions of this Bylaw apply to the Legal Consultants registered on the Roll maintained by the LAD and to persons authorised to provide Legal Services in the Emirate, in accordance with the relevant rules and requirements determined by the LAD. b. The provisions of this Bylaw will not apply to persons who provide Legal Services in their capacity as employees of Government Entities, corporations, companies, or other entities which do not provide Legal Services to the public.

المادة 4

For the purposes of implementing this Bylaw, the LAD will have the duties and powers to: 1. establish the conditions and rules that must be met, and the procedures that must be followed, for the Registration of Legal Consultants in the Emirate, and for regulating amendments to their Registration on the Roll; 2. determine applications for Registration, renewal of Registration, and reinstatement of Legal Consultants to the Roll; and for variation of their Registration details, in accordance with the relevant conditions and procedures approved by the LAD; 3. determine permit applications for Visiting Legal Consultants, and grant them the relevant permits, in accordance with the conditions and procedures prescribed in this respect; 4. create the Roll, organise it into categories, and determine the details that must be entered therein; 5. transfer the Legal Consultants registered on the Roll from one category to another in, accordance with the relevant requirements and procedures; 6. issue the Legal Consultants registered on the Roll in the category of practising Legal Consultants with identification cards; 7. specify the legal areas and specialisations in which a Legal Consultant is authorised to practise the Profession, in accordance with the relevant rules and conditions, procedures prescribed by the LAD; 8. establish the rules for suspending Legal Consultants from practising the Profession or striking them off the Roll in accordance with the legislation regulating the Profession, as well as the bylaws, resolutions, and instructions issued by the LAD; 9. record violations and receive, investigate, and take the appropriate action in respect of complaints filed against those practising the Profession; 10. enforce the penalties prescribed by the Resolution on violators of its provisions and the provisions of the bylaws, resolutions, and instructions issued by the LAD; 11. develop and deliver the programmes required for qualifying and training the Legal Consultants registered on the Roll; 12. prepare the forms required for the implementation of the provisions of this Bylaw; and 13. perform any other duties falling within the functions of the LAD and pertaining to the Registration of Legal Consultants in the Emirate.

المادة 5

A Roll will be maintained by the LAD for the Registration of the following two (2) categories: 1. the practising Legal Consultants who are registered on the Roll and who are authorised to practise the Profession in the Emirate through a Firm; and 2. the non-practising legal consultants who are registered on the Roll but are not authorised to practise the Profession in the Emirate.

المادة 6

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

المادة 7

a. An applicant for Registration on the Roll in the category of practising Legal Consultants must: 1. have full legal capacity; 2. be of good character and conduct, and not have been convicted of a crime affecting honour or trustworthiness, unless he has been pardoned or rehabilitated; 3. hold either: a. a bachelor of laws, or an equivalent degree, from an educational institution accredited by the competent entity in the Emirate or the UAE; or b. an academic qualification in law and a valid professional membership in the jurisdiction in which the applicant is authorised to provide Legal Services; In any event, a qualification must be duly attested. 4. have a minimum of one (1) year of continuous practical legal experience if the applicant is a UAE national, and the same period will apply if the applicant is a non-UAE National who graduated from an academic institution in the UAE; and three (3) years of continuous practical legal experience if the applicant is a non-UAE national who graduated from an educational institution outside of the UAE. These requirements will apply only to holders of a bachelor of laws, or an equivalent qualification, from any educational institution accredited by the competent entities in the Emirate or the UAE. In any event, the LAD may require that the applicant successfully completes the qualifying programmes it prescribes in this respect; 5. work through a Firm licensed in the Emirate; 6. practise the Profession, on a full time basis, through the Firm; and not practise any other profession except for teaching and training in any of the legal disciplines or professions; 7. not engage in any commercial activity in addition to his work at the Firm, in accordance with the relevant standards, conditions, and rules prescribed by the LAD; 8. have, where he is a non-UAE national, a valid UAE residence permit and an employment contract with the Firm through which he practises the profession; 9. pay the fees prescribed for Registration of Legal Consultants in accordance with the relevant procedures adopted by the LAD; and 10. meet any other requirements prescribed by the bylaws, resolutions, and instructions issued by the LAD. b. Notwithstanding the provisions of sub-paragraph (a)(4) of this Article, a non-UAE national who has worked as a judge, a member of the Public Prosecution, or a full-time non-visiting faculty member at an academic or training institution, and who holds a post-graduate degree in law, may be registered on the Roll if he has a minimum of two (2) years of practical legal experience. c. The LAD may exempt an applicant from the practical legal experience requirement stipulated in sub-paragraphs (a)(4) and (b)(4) of this Article in accordance with the relevant rules and requirements prescribed by the LAD. d. Where a Legal Consultant ceases to meet any of the Registration requirements provided for in this Article, he will be struck off the Roll or transferred to the category of the non-practising legal consultants, as the case may be, in accordance with the relevant rules and procedures prescribed by the LAD.

المادة 8

The LAD may accept applications for Registration on the Roll for the first time in the category of non-practising legal consultants in accordance with the relevant rules and requirements prescribed by the LAD.

المادة 9

Registration on the Roll in the category of practising Legal Consultants will be valid for a period of one (1) year, renewable for the same period.

المادة 10

a. A Legal Consultant may not practise the Profession in the Emirate unless he takes the oath before the Director General or his authorised representative to discharge his duties with honesty and integrity and in compliance with the legislation in force in the Emirate, safeguard the rights of his clients, and uphold the ethics and traditions of the Profession. b. An oath-taking report will be drafted, and a copy of this report will be kept in the Legal Consultant’s file maintained by the LAD.

المادة 11

a. A Legal Consultant’s Registration on the Roll must be renewed within the last month prior to the expiry of Registration. Renewal of Registration is subject to the following requirements: 1. submitting a Registration renewal application; 2. meeting the requirements stipulated in paragraph (b) of Article (7) of this Bylaw; 3. meeting the professional development requirements prescribed by the LAD; 4. payment of the fees prescribed for the renewal of Registration in accordance with the relevant procedures adopted by the LAD; and 5. meeting any other requirements prescribed by the bylaws, resolutions, and instructions issued by the LAD. b. Where a Legal Consultant fails to renew his Registration within the time frame prescribed in paragraph (a) of this Article without a reason acceptable to the LAD, he will be subject to the penalties stipulated in the Resolution will be imposed on him.

المادة 12

Applications for Registration, renewal of Registration, or reinstatement to the Roll must be submitted on the form prepared for this purpose and supported by the documents determined by the LAD.

المادة 13

a. An Advocate must renew his Registration on the Roll within the last month prior to the expiry of Registration. To renew his Registration, the Advocate must: 1. submit an application for renewal of Registration; 2. meet all the requirements for Registration stipulated in paragraph (a) of Article (7) of this Bylaw. However, non-UAE national Advocates registered with the LAD by the effective date of this Bylaw and those registered with the LAD pursuant to the provisions of Article (10) of this Bylaw will be exempt from the requirement stipulated in sub-paragraph (a)(1) of the above mentioned Article; 3. meet the professional development requirements determined by the LAD; 4. pay the fees prescribed for the renewal of Registration in accordance with the relevant procedures adopted by the LAD; and 5. meet any other requirements determined pursuant to the bylaws, resolutions, and instructions issued by the LAD. b. Where an Advocate fails to renew his Registration within the period specified in paragraph (a) of this Article without a reason acceptable to the LAD, the Advocate will be subject to the penalties prescribed by the Resolution.

المادة 14

Application for Registration, renewal of Registration, or reinstatement on the Roll must be submitted on the form prescribed for this purpose and supported by the documents determined by the LAD.

المادة 15

a. Notwithstanding the provisions of Article (6) of this Bylaw, the LAD may, upon an application submitted to it, grant any person practising the advocacy or legal consultancy profession outside the Emirate a permit to provide Legal Services in the Emirate as a Visiting Legal Consultant. In this case, the applicant must: 1. provide the Legal Services to any of the following entities: a. a Government Entity or a company in the Emirate that is fully owned by the Government of Dubai or by a Government Entity; b. the Dubai International Financial Centre Courts or the Dubai International Arbitration Centre; c. a firm licensed in the Emirate; and/or d. any other entities approved by the LAD. 2. provide the LAD with a statement by the entity for which he will provide Legal Services specifying the type of Legal Services to be provided; 3. hold a valid professional membership issued by a competent regulatory entity outside of the Emirate; 4. provide a professional indemnity insurance policy covering the period during which Legal Services will be provided in the Emirate, in accordance with the relevant rules prescribed by the LAD; 5. state the grounds supporting his application for permit; 6. specify the number of working days required to provide Legal Services in the Emirate, or the number of Legal Services for which he is retained, and any other information related to such Legal Services; and 7. meet any other requirements prescribed by the bylaws, resolutions, and instructions issued by the LAD. b. Except for the entities mentioned in sub-paragraph (a)(1)(a) of this Article, a Visiting Legal Consultant will be granted a permit authorising him to practise the Profession in the Emirate for a period not exceeding thirty (30) working days per year or until the completion of a specific Legal Service. The LAD, may, upon an application submitted to it by the Visiting Legal Consultant and based upon valid reasons, extend the validity of the permit granted to him or increase the number of Legal Services he is authorised to provide, in accordance with the relevant rules and procedures determined by the LAD. c. A Visiting Legal Consultant may not hold himself out to the public as, or represent that he is, a person authorised to practise the Profession in the Emirate beyond the scope of his permit, failing which his permit will be revoked, without prejudice to the penalties prescribed in this respect.

المادة 16

a. A Legal Consultant who becomes unable to practise the Profession due to a relevant reason that arises, or who wishes to be transferred from the category of practising Legal Consultants to the category of non-practising legal consultants, must submit the relevant application to the LAD, stating the reasons for the transfer, in accordance with the rules prescribed by the LAD; and must pay the fees prescribed for the transfer in accordance with the relevant procedures adopted by the LAD. b. Upon the request of the legal consultant registered on the Roll in the category of non-practising legal consultants, the LAD may transfer his Registration to the category of practising Legal Consultants, subject to the following requirements: 1. meeting the requirements for the Registration of Legal Consultants on the Roll prescribed by paragraph (a) of Article (7) of this Bylaw; 2. paying the fee prescribed for Registration in the event that one or more years have elapsed since the Registration or renewal of Registration of the Legal Consultant, or the fee prescribed for variation of the details of Registration in case of a shorter period; and 3. meeting any other requirements prescribed by the LAD.

المادة 17

a. Notwithstanding the provisions of Article (6) of this Bylaw, the LAD may, upon receiving a request, grant any person practising the advocacy profession outside of the Emirate, a temporary permit to practise Pleading in a specific case before the Dubai Courts, subject to the following requirements: 1. The client must give his written consent to be represented by the applicant before the Dubai Courts. 2. There must be a civil case being heard or to be filed before the Dubai Courts, or a referral order must have been issued in respect of a criminal case. 3. The applicant must hold a valid professional membership issued by the competent regulatory entity. 4. The grounds supporting the application for a temporary Pleading permit must be provided. 5. The Advocates registered in the UAE must be granted the right of audience before the courts of the applicant’s jurisdiction. 6. The applicant must provide a professional indemnity insurance policy against all risks and malpractices relating to the practise of the Profession, covering the validity of the temporary Pleading permit, in accordance with the relevant rules determined by the LAD. 7. The applicant must meet any other requirements determined by the LAD in coordination with the competent judicial authorities in the Emirate, in respect of the requirements for temporary Pleading before the Dubai Courts. 8. The applicant must pay the prescribed fees for temporary Pleading in accordance with the relevant procedures adopted by the LAD. 9. The applicant must meet any other requirements determined by the LAD pursuant to the bylaws, resolutions, and instructions it issues. b. Without prejudice to the relevant prescribed penalties, a person who is granted a temporary Pleading permit may not hold himself out to the public as, or represent that he is, a persons authorised to practise the Profession in the Emirate beyond the scope of the permit granted to him, failing which his permit will be revoked.

المادة 18

a. After the lapse of the suspension period, and upon submission of an application by a legal consultant registered on the Roll in the category of non-practising legal consultants upon being suspended from practising the Profession pursuant to a decision, the LAD may reinstate the suspended Legal Consultant to the Roll in the category of Practising Legal Consultants. b. Upon an application by a Legal Consultant who has been struck off the Roll pursuant to a decision, the LAD may reinstate the struck-off Legal Consultant to the Roll after the lapse of three (3) years from the date on which he was struck off. c. The LAD may exempt any Legal Consultant from the time frame prescribed in paragraph (b) of this Article and reinstate such Legal Consultant to the Roll if the LAD deems that the time elapsed since striking him off is sufficient to reform the Legal Consultant and redress the damage that resulted from his acts, or for any other considerations that the LAD deems appropriate. d. For a Legal Consultant to be reinstated to the Roll, such Legal Consultant must meet all the Registration requirements stipulated in this Bylaw.

المادة 19

a. An Advocate who becomes unable to practise the Profession due to a relevant reason that arises, or who wishes to be transferred from the category of practising Advocates to the category of non-practising advocates, must submit to the LAD a request for his transfer to the category of non-practising advocates stating the reasons for the transfer as per the rules determined by the LAD, and must pay the prescribed fees in accordance with the relevant procedures adopted by the LAD. b. Upon the request of an advocate registered in the category of non-practising Advocates, the LAD may transfer his Registration to the category of practising Advocates, subject to the following: 1. meeting the requirements for the Registration of Advocates on the Roll as prescribed by paragraph (a) of Article (7) of this Bylaw; 2. paying the fees prescribed for Registration where one or more years have elapsed since the Registration or renewal of Registration of the Advocate, or the fees prescribed for variation of the details of Registration where less than a year has elapsed since his Registration or renewal of Registration; and 3. meeting any other conditions prescribed by the LAD.

المادة 20

a. Without prejudice to the functions of the LAD to issue the resolutions and instructions regulating professional conduct, and to suspend and strike off Advocates registered on the Roll for any professional or disciplinary violations, the LAD may suspend an Advocate registered on the Roll for no more than one (1) year or strike him off the Roll in any of the following cases: 1. failure to renew Registration on the Roll in the category of practising Advocates within the required time frame; 2. failure to pay the prescribed fees within the required time frame; 3. failure to submit the required documents to the LAD within the required time frame; 4. providing false data or information related to his Registration; or 5. failure to comply with the applicable legislation and with the bylaws and instructions issued by the LAD. b. Where a decision to suspend an Advocate from practising the Profession is issued, his Registration on the Roll will be transferred to the category of non-practising advocates. c. An Advocate who is registered on the Roll and whose Registration is suspended or struck off the Roll, may not practise, represent that he practises, or hold himself out to be practising the Profession for the duration of his suspension period or after being struck off the Roll, as the case maybe.

المادة 21

a. Upon an application submitted to it by an Advocate registered on the Roll in the category of non-practising advocates upon being suspended from practising the Profession pursuant to a decision, the LAD may reinstate the suspended Advocate to the Roll in the category of practising Advocates after the lapse of the period of suspension. b. Upon an application by an Advocate who has been struck off the Roll pursuant to a decision, the LAD may reinstate the struck-off Advocate to the Roll after the lapse of three (3) years from the date on which he was struck off. c. The LAD may exempt any Advocate from the three-year period prescribed by paragraph (b) of this Article, and reinstate the Advocate to the Roll if it is established to the LAD that the time elapsed since striking off the Advocate is sufficient to reform the Advocate and redress the damage that resulted from his acts, or for any other considerations that the LAD deems appropriate. d. In reinstating an Advocate to the Roll, the Advocate must meet all the requirements for Registration that are stipulated in this Bylaw.

المادة 22

a. The LAD will issue each Advocate with an identification card confirming that its bearer is licensed to practise the Profession in the Emirate through a Firm. b. The identification card is deemed an official document owned by the LAD, and may be used by an Advocate only for its intended purposes. In particular, an Advocate must: 1. not permit others to use his identification card; 2. when requested, produce the card to the individuals and concerned public or private entities dealing with him; 3. notify the LAD in case of card loss or damage; 4. not make any variation, erasure, or deletion of, or addition to, the information included in the identification card; and 5. surrender the card to the LAD where the Advocate’s Registration is transferred to the category of non-practising advocates, where he is suspended from practising the Profession, where he is struck off the Roll, where he requests variation of the card details, or upon the request of the LAD.

المادة 23

a. Any affected party may submit to the Director General a written grievance contesting any of the violations, set out in Schedule (2) attached to the Resolution, that is attributed to him within thirty (30) days from the day following the date of being notified of the contested violation, in accordance with Article (11) of the above-mentioned Law No. (8) of 2016. b. Except for the violations mentioned in paragraph (a) of this Article, any affected party may submit a written grievance to the Director General in respect of a decision taken against him in accordance with the provisions of this Bylaw, within sixty (60) days from the day following the date of being notified of the contested decision, in accordance with Article (11) of the Resolution. c. The grievances mentioned in paragraphs (a) and (b) of this Article will be considered and determined by a committee formed pursuant to a resolution of the Director General for this purpose. The decisions issued by the committee will be final.

المادة 24

Subject to the relevant disciplinary action and to the relevant rules and procedures prescribed by the LAD, an Advocate registered on the Roll is under an obligation to disclose the following information to the LAD: 1. any pretrial detention decision or an order for referral to the competent court, issued against the Advocate within or outside the Emirate; and 2. any court judgement in a penal case against the Advocate, or a court or disciplinary judgement or decision rendered by a competent regulatory entity, within or outside of the Emirate, within thirty (30) days from the date such judgement or decision becomes final.

المادة 25

An Advocate registered on the Roll must comply with all the legislation regulating the Profession, including the provisions of the Resolution, and the bylaws, resolutions, and instructions issued by the LAD, failing which he will be subject to the relevant disciplinary action and prescribed penalties.

المادة 26

a. Any affected party may submit to the Director General a written grievance contesting