⚠ سرکاری ترجمہ — عربی اصل قانونی طور پر پابند ورژن ہے۔
112 دفعات
Regulating the Legal Profession and Legal Consultation Profession
We Mohamed Bin Zayed Al Nahyan President of the United Arab Emirates, − Having reviewed the Constitution; − Federal Law No. (6) of 1978 On the Establishment of Federal Courts and Transfer of the Jurisdiction of Local Judicial Authorities in some Emirates to Them; as amended; − The Civil Code, promulgated by Federal Law No. (5) of 1985, as amended; − Federal Law No. (23) of 1991 Regulating the Legal profession, as amended; − The Law of Evidence in Civil and Commercial Transactions, promulgated by Federal Law No. (10) of 1992, as amended; − The Civil Procedure Law, promulgated by Federal Law No. (11) of 1992, as amended; − The Criminal Procedure Law, promulgated by Federal Law No. (35) of 1992, as amended; − The Commercial Code, promulgated by Federal Law No. (18) of 1993, as amended; − The Law establishing Conciliation and Mediation Centers for Civil and Commercial Disputes, promulgated by Federal Law No. (17) of 2016, as amended; − Federal Law No. (5) of 2017 on the Use of Telecommunication in Criminal Proceedings; − Federal Law No. (6) of 2018 on Arbitration; − Federal Decree Law No. (14) of 2018 Concerning the Central Bank and Organization of Financial Activities and Institutions, as amended; − Federal Decree Law No. (20) of 2018 on Anti-Money Laundering and Combating the financing of terrorism and of Illegal Organizations, as amended; − Federal law No. (10) of 2019 Regulating the Judicial Relationship between the Federal and Local Judicial Authorities; − Federal law No. (6) of 2021 on the Mediation for Settlement of Civil and Commercial Disputes;
− Federal Decree Law No. (31) of 2021 Promulgating the Crimes and Penalties Law; − Federal Decree Law No. (32) of 2021 on the Commercial Companies; − Federal Decree Law No. (46) of 2021 on the Electronic Transactions and Trust Services; − Federal Decree Law No. (20) of 2022 Regulating the Notary Profession; − Federal Decree Law No. (21) of 2022 Regulating the Expertise Profession before the Judicial Bodies; − Federal Decree Law No. (32) of 2022 on the Federal Judicial Authority; − Federal Decree Law No. (33) of 2022 on the Federal Supreme Court; and − Based on the Minister of Justice's proposal, as approved by the Cabinet, Hereby promulgated this Decree Law:
Part One Definitions, Objectives and Scope of Application
Definitions For the purpose of applying the provisions of this Decree Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise: The State : The United Arab Emirates The Ministry : The Ministry of Justice The Minister : The Minister of Justice Head of Local Judicial Authority The heads of local judicial bodies according to the legislation regulating their work.
The Committee : The Lawyers and Legal Consultants Affairs Committee that is established pursuant to Article (79) hereof. The Competent Department The Ministry's Lawyers and Legal Consultants Affairs Department
The Roll : A paper or electronic document kept by the Competent Department for recording the lawyers' data, and each of which shall have an independent roll according to the provisions of this Decree Law and its Executive Regulations.
The Register : The paper or electronic document kept by the Competent Department for recording the data of lawyers' assistants; i.e. legal researchers, legal consultants and representatives, according to the provisions of this Decree Law and its Executive Regulations.
The Lawyer : The natural person whose name is recorded in the roll of practicing or non-practicing lawyers with the Ministry. Legal Consultant The natural person whose name is recorded in the roll of legal consultants with the Ministry.
The profession : The legal profession or legal consultation profession The Code : Regulations that set out a set of rules and controls that regulate the work of the lawyers and their assistants, as well as the professional ethics and conduct.
The Firm : The law firm or legal consultation firm duly licensed in the State, whether as a sole proprietorship or a professional company. The Foreign Firm The branch of a foreign firm or company duly licensed in the State to engage in the legal profession and legal consultation and which satisfies the requirements set out in Article (70) hereof.
Legal Fees : The monetary consideration payable to the lawyer or legal consultant against performing the legal work assigned to him / her by the client. Retainer Agreement An agreement between the lawyer or legal consultant and the client, which sets out the agreed fees and payment method, as well as the type and nature of the duties assigned to the
lawyer or legal consultant
Objectives of this Decree Law This decree law shall aim to:
1. Regulate the legal profession and legal consultation profession.
2. Develop the legal profession and legal consultation profession and upgrade the efficiency of its practitioners; and
3. Promote the trust in those performing the legal profession and legal consultation profession under the umbrella of specific professional, ethical and behavioral controls.
Scope of Application
1. The professions of this Decree Law shall apply to all persons and entities practicing the legal profession and legal consultation profession in the State.
2. The emirates having local judicial authorities may regulate the legal profession and legal consultation profession in accordance with their own local legislation.
Part Two Practice of the Legal Profession Chapter One Independence and Controls of the Profession
The legal profession is an independent, liberal profession regulated by this Decree Law, and contributes to achieving justice, ensuring the rule of law and promoting the right to defense.
Lawyers are the professionals who engage in the legal profession for the sake of providing judicial assistance to the wishing persons. In the course of performing their profession the
lawyers shall have the rights and guarantees and shall be subject to the duties imposed on them in accordance with the provisions of this Decree Law and its Executive Regulations and the Code.
1. Only lawyers duly licensed in the State shall practice the legal profession or carry out any activities related thereto or use the title "lawyer" upon performing any other relevant work. The legal profession's activities shall include, without limitation, the following work:
a. Appearing on behalf of, and representing, the persons concerned before the courts, the public prosecution, the committees of a judicial mandate, the investigation bodies and the police, defending such persons in relation to the legal proceedings instituted by or again them, and carry out relevant judicial work;
b. Giving legal opinion and advice;
c. Drafting the contracts and relevant legal procedures; and
d. Representing the parties in respect of any non-judicial legal work under a limited power of attorney. The courts, the public prosecution and government entities shall only admit the lawyer's legal representation if his / her name is recorded in the Roll of Practicing Lawyers kept with the Ministry.
Without prejudice to Article (9) hereof, only the lawyers admitted for pleading before the Federal Supreme Court shall be allowed to appear before such a court on behalf of the parties to the case and to file motions, appeals and statements of claim.
Notwithstanding the provisions of Article (6) hereof:
1. The persons concerned may authorize their spouses, in-laws or blood relatives up to the fourth degree to appear on their behalf before the courts and judicial committees.
2. An attorney-in-fact appointed under a limited power of attorney may represent the legal representative of the private legal person in relation to any legal proceedings, whether before the Case Management Office or the Court, as the case may be. In which case, the attorney-in-fact shall satisfy the following requirements:
a. To be a national citizen having full legal capacity;
b. To be holding a university degree in law or in Sharia and law from a university or college recognized in the State or the equivalent certificate thereof. In addition, the Executive Regulations hereof shall set out the controls and requirements of the equivalent certificates;
c. To be an employee of the private legal person; and
d. To have its name recorded in the Roll of Non-Practicing Lawyers.
Notwithstanding the provisions of Articles (6) and (7) hereof:
1. The State Lawsuits Department of the Ministry shall represent the ministries, government departments, and federal public bodies and institutions in relation to filing the motions, statements of claim, appeals and statements of defense, and, in general, performing all acts and activities relating to the handling of legal proceedings and appeals before the courts of all jurisdictions, the arbitral tribunals in the State and any other entity having a judicial mandate under this Decree Law, whether the ministries, government departments, and federal public bodies and institutions are acting as Plaintiff or Defendant, both within and outside of the State.
2. Without prejudice to Article (7) hereof, such entities may be represented by the following persons in respect of performing the activities referred to in Clause (1) of this Article:
a. The legal consultants who are employed by such entities, provided that their names are recorded in the Roll of Non-Practicing Lawyers; and
b. The law firms in relation to certain important legal proceedings, subject to prior approval of the Minister.
3. The local government entities and State-owned companies may be represented by either
the Ministry's State Lawsuits Department for carrying out the activities referred to in Clause (1) of this Article, or the legal consultants and experts who are national citizens employed by such entities, provided that their names are recorded in the Roll of Non-Practicing Lawyers. Such entities may also be represented by lawyers to carry out the said activities, provided that the representing lawyers are admitted for pleading before the Court handling the underlying legal proceeding.
1. A non-national lawyer may be licensed to practice the legal profession in the State subject to satisfying both the requirements set forth in Articles (13.2), (13.3), (13.4), (13.6), (13.7), (13.8), (13.9) and (13.10) hereof, and the following requirements:
a. The non-national lawyer must have practiced the legal profession for at least fifteen
(15) years, and is still registered as a practicing lawyer in the State wherein the legal profession has been practiced by him;
b. The non-national lawyer must be a partner of a foreign law firm that is both duly licensed in the State and satisfying the requirements set out in Article (70) hereof, and according to the conditions set out in the Executive Regulations hereof, and must be practicing the legal profession only through such a firm;
c. The non-national lawyer shall carry out the legal representation only in relation to the legal proceedings handled by the specialized circuits to be determined based on a decision of the Head of the Federal Judicial Council or the Heads of Local Judicial Bodies, as the case may be, and excluding the criminal proceedings, administrative proceedings, family proceedings and personal status proceedings of Muslims; and
d. The other requirements set out in the Executive Regulations of this Decree Law.
2. During, and on the occasion of, practicing the legal profession, the non-national lawyer shall be subject to all the rights, obligations and disciplinary measures that are applicable to the national lawyers and described herein.
3. The Executive Regulations of this Decree Law shall regulate the procedures and controls of licensing and delicensing the non-national lawyers to practice the legal profession, as well as the licensing term and renewal mechanism.
Chapter Two Listing in Rolls of Lawyers
Roll of lawyers shall be created by the Ministry as follows:
1. The Roll of Practicing Lawyers;
2. The Roll of Non-Practicing Lawyers; and
3. The Roll of Trainee Lawyers.
Section One Listing in Rolls of Practicing Lawyers
1. The Rolls of Lawyers shall be divided into:
a. The Roll of Practicing Lawyers admitted before the Courts of First Instance and Appeal; and
b. The Roll of Practicing Lawyers admitted before the Federal Supreme Court.
2. The Executive Regulations of this Decree Law shall set out the conditions and procedures of moving the lawyer's name from the Roll of Practicing Lawyers admitted before the Courts of First Instance and Appeal to the Roll of Practicing Lawyers admitted before the Federal Supreme Court.
Any lawyer whose name is listed in the Roll of Practicing Lawyers shall satisfy the following requirements:
1. To be a national citizen;
2. To be at least twenty-one (21) calendar years of age;
3. To be of full legal capacity and good reputation and conduct, and has neither been convicted by a court on the grounds of any felony or misdemeanor involving moral turpitude or breach of trust, nor been convicted on disciplinary grounds in relation to any of such crimes, even if rehabilitated;
4. To be holding a university degree in law or in Sharia and law or the equivalent certificate thereof from a university or college recognized in the State;
5. To successfully pass the training period determined and regulated by the Executive Regulations hereof;
6. To successfully pass the written exams and interview before a committee to be formed by a resolution of the Minister;
7. To successfully pass the medical examination in order to verify his eligibility to practice the legal profession, as described in the Executive Regulations hereof;
8. To complete the necessary procedures and approval of listing not later than three (3) months following the date of being notified of the listing application approval; otherwise, his application shall be invalidated;
9. To submit a valid professional liability insurance policy, to be issued by an insurer duly licensed to operate in the State, unless the lawyer's liability is covered by the insurance policy of the law firm at which the lawyer works, according to the controls to be determined by the Minister; and
10. To pay the prescribed fees.
Notwithstanding the provisions of Articles (13.5) and (13.6) hereof, any person who has already occupied a judicial or public prosecution position or any legal position at the legal departments of the ministries or government bodies, or performed any job equivalent to the profession for a period of not less than three (3) years, may have his / her name listed in the Roll of Practicing Lawyers admitted before the Courts of First Instance and Appeal or the Federal Supreme Court, as regulated by the Executive Regulations hereof.
1. Listing in the Roll of Practicing Lawyers shall be valid for three (3) years renewable for a similar period(s ) at the request of the person concerned.
2. Listing in the Roll of Non-Practicing Lawyers shall be valid for five (5) years.
3. The Executive Regulations hereof shall determine the listing renewal conditions and
controls.
1. The lawyer shall only practice the legal profession after taking the following legal oath: "I swear by Allah, the Almighty Lord, that I shall perform my duties honestly and honorably, respect the laws of the State, and preserve the profession and abide by its ethics and core values".
2. The lawyer admitted before the Federal Supreme Court shall take the oath before any circuit of the Court, while the lawyer admitted before the other courts shall take the oath before a circuit of the Courts of Appeal.
3. The lawyer's taking of the oath shall be record in a report a copy of which shall be kept in his / her personal file at the competent department.
The Executive Regulations hereof shall set out the conditions and procedures of moving the listing details from the Roll of Non-Practicing Lawyers to the Roll of Practicing Lawyers or re-listing after removal of listing.
Section Two Listing in the Rolls of Trainee Lawyers
The trainer shall have his / her name listed in the Roll of Trainee Lawyers subject to satisfying the requirements set out in the Articles (13.1), (13.2), (13.3) and (13.4) hereof.
1. The application for moving the listing details of the trainee lawyer to the Roll of Practicing Lawyers or to the Roll of Non-Practicing Lawyers shall be admitted within one year of the date of successfully passing the training the training period and taking the legal oath ser forth in Article (16) hereof.
2. The Executive Regulations of this Decree Law shall set out the training conditions and procedures.
1. Each lawyer admitted for pleading before the Federal Supreme Court shall admit at least one trainee lawyer at his / her law firm, and shall pay to the same a monthly remuneration the minimum value of which is to be determined by the Committee. However, the Committee may relieve the lawyer of admitting any trainee lawyer at his / her law firm if the surrounding circumstances so justify.
2. The Trainee Lawyer shall, during his / her practical training period, appear and plead before the Courts of First Instance and Appeal on behalf, and under the supervision, of the employer lawyer, according to the conditions to be determined by the Executive Regulations of this Decree Law.
No lawyer, whose name is listed in the Rolls of Practicing Lawyers, shall be permitted to assume any of the following positions:
1. Presidency or membership of the Cabinet;
2. Presidency of the Federal National Council;
3. The public office, and the Committee may, however, as determined by the Executive Regulations of this Decree Law, grant an exemption to the faculty members of the law or Sharia and law at any university or faculty who are both nationals of the State and holder of PhD degree;
4. The private job, unless the same is conforming to Articles (8.2) and (23) of this Decree Law. If the lawyer occupies any of such positions in violation of the provision of this Article, any disciplinary penalties shall be imposed on him / her as determined by Article (86) of this Decree Law.
Section Three Listing in the Roll of Non-Practicing Lawyers
1. The following persons shall have their names listed in Roll of Non-Practicing Lawyers:
a. The Practicing Lawyer wishing to have his / her names moved to the Roll of Non-Practicing Lawyers for whatever reasons; and
b. The Trainee Lawyer who has successfully completed his / her training period and taken the legal oath provided for in Article (16) of this Decree Law, and is wishing to have his / her name moved to the Roll of Non-Practicing Lawyers.
2. The lawyer, who has any reason preventing him / her from practicing the legal profession, may submit an application to the Committee, within thirty (30) days of the occurrence date of the underlying reason, to have his / her name moved to the Roll of Non-Practicing Lawyers; otherwise, he / she shall be held accountable on disciplinary grounds. When such a reason ceases to exist, he / she may request that his / her name be re-listed in the Roll of Practicing Lawyers.
3. If the lawyer, whose name is listed in the Roll of Non-Practicing Lawyers prior to the entry into force of the provisions hereof, is wishing to have his / her name moved to the Roll of Non-Practicing, provided that he / she is not subject to the provisions of Article
(14) hereof, and his name has never been listed in the Roll of Practicing, he / she shall be subject to the provisions of Articles (13.6) and (13.8) of this Decree Law.
4. Lawyers, whose names are listed in the Rolls of Practicing Lawyers and Non-Practicing Lawyers, shall have their affairs adjusted within one year following the date of entry into force of the provisions of this Decree Law.
5. The persons, who satisfy the requirements set forth in Article (13) of this Decree Law, may have their names listed in the Rolls of Non-Practicing Lawyers, as long as they work for government entities or state-owned companies. The Executive Regulations of this Decree Law shall determine the conditions and procedures for listing and the controls for its renewal.
1. Subject to the provisions of Articles (6.2) and (7) of this Decree Law, the Lawyers, whose names are listed in the Roll of Non-Practicing Lawyers, may practice the professional duties described in Article (6) of this Decree Law, through legal departments of the private legal persons licensed in the State.
2. Lawyers working at such departments shall have their names listed in a special register kept with the competent department, and shall only be allowed to practice the profession after having their names listed in the Roll. The Executive Regulations of this Decree Law shall determine the procedures, terms and conditions for listing their names in, and removing their names from, the said Roll.
3. Lawyers working at such departments shall only practice the legal profession for the benefit of their employers, and violating this prohibition shall be a ground for removing their names from the Roll. In addition, they may only appear before the criminal courts in respect of the civil claims relating to the legal proceedings to which their employers are a party, as well as the legal proceedings instituted against the managers or employees of their employers by virtue of their positions.
4. The prohibition provided for in Clause (3) of this Article shall not apply to the legal proceedings involving them and their spouses and relatives up to the fourth degree, in respect of matters other than the judicial matters relating to their employers.
Section Four Removing Lawyers' Names from the Rolls
Every Lawyer deregistered under a decision of the Committee shall have his / her name removed from the Rolls of Lawyers.
Part Three Lawyers' Rights and Duties and Lawyer-Client Relationship Chapter One Rights of Lawyers
While carrying out the duties of his profession, the Lawyer shall be treated with as much respect as due for the profession.
The Lawyer shall have the full freedom to accept or reject legal representation in respect of any specific case based on his own choice, and may adopt the methods he / she considers successful in accordance with the professional standards while defending the rights of his / her clients. In addition, the lawyer shall not be held liable for the contents of his / her oral pleadings or written submissions as required for the right of defense within the scope of the law and professional ethics.
Subject to the provisions of laws regulating civil and criminal procedure, the Lawyer shall have the right to:
1. Review the cases and judicial papers and obtain any data relevant to the cases managed by him / her;
2. Attend at the court hearings and investigation sessions with his / her client in accordance with the laws regulating civil and criminal procedure; and
3. Visit his / her client who is imprisoned at the public prisons and to meet with his / her client in private at a decent place within the prison.
In no event may the Lawyer be questioned, nor may his / her office be searched for any matters in relation to the performance of his / her profession, without prior permission from
the Public Prosecution and an order of at least the Advocate General, in addition, the person managing the investigation with the lawyer shall have the rank of at least a director of prosecution.
No attachment may be imposed on the office firm of the Lawyer or the foreign firm or the assets of such firms that are necessary for practicing the profession.
Chapter Two Duties and Prohibitions of Lawyers
1. The Lawyer shall attend in person in respect of the case assigned to him / her.
2. The Lawyer may, in writing, authorize any other Lawyer for appearance, pleading or taking any other litigation procedures on his / he behalf.
3. If the client stipulates under the power of attorney that the lawyer must appear in person in respect of the cases assigned to him / her, the Lawyer shall comply with such a requirement and may only authorize any third party to act on his / her behalf only when necessary.
The Executive Regulations of this Decree Law shall determine the controls for authorizations, and disciplinary measures shall be imposed against any lawyer who authorizes any other lawyer to appear on his / her behalf in violation of such relevant controls.
1. Before accepting the legal representation, the Lawyer shall keep his / her client informed of any circumstance that may potentially conflict with his / her interests; otherwise, he shall refuse such representation.
2. The Lawyer shall keep his / her client informed of the stages and progress of the relevant case, shall, in a timely manner, inform his / her client of the decisions and judgments issued in respect thereof, shall provide his / her client with the necessary advice and consultation with regard to the case and challenging the judgment, and shall draw his / her client's attention to the dates of appealing against the judgments and decisions.
While appearing before the courts, the Lawyer shall wear the court dress specified by the Ministry.
1. If the court appoints a lawyer to defend an accused in accordance with the provisions of the Criminal Procedure Law, the Lawyer so appointed shall appear and defend the accused in all trial hearings in accordance with the controls set forth in Article (32) of this Decree Law.
2. When adjudicating on a case in respect of which a lawyer is appointed, the court shall determine the latter's fees, and its decision in this regard shall be conclusive. The Executive Regulations of this Decree Law shall determine the controls for determining the fees of Lawyers appointed to handle criminal proceedings and the payment mechanism thereof.
1. The Lawyer appointed in accordance with Article (34) of this Decree Law shall carry out the duties assigned to him / her, and may only step down for any reasons admitted by the court.
2. The court shall take disciplinary measures any Lawyer who either refuses to abide by the appointment decision without a lawful reason or excuse or fails to properly perform his / her professional duties.
1. The Lawyer shall submit to the court his / her duly attested power of attorney at the first hearing he attends on behalf of his / her client, unless the court approves the submission of the same at the following hearing.
2. If the power of attorney is of a limited nature, it shall be kept in the case file, and if the same is of a general nature, only its number, date, and issuing authority shall be recorded in the transcript of the hearing and a copy thereof shall be kept in the case file.
3. If the client appears alongside the lawyer in the criminal case, the judge shall record the same in the transcript of the hearing, and such appearance shall be valid in lieu of the power of attorney.
1. When the legal representation is completed, the Lawyer shall return to his / her client the power of attorney together with the original documents and paperwork belonging to the client if requested by the latter.
2. If the Lawyer has not received his professional fees, he may obtain, at the expense of his / her client, photocopies of all paperwork that could be used as a ground for claiming his / her professional fees.
3. The obligation provided for in Clause (1) of this Article shall not include the delivery to the client of the draft paperwork issued by the client in respect of the case, the letters received by the lawyer from the client, or the documents relating to the activities performed by the lawyer on his / her client's behalf, as long as the lawyer has not received his / her professional fees for any such activities.
4. The client's right to request that the Lawyer deliver back to him / her the documents and paperwork, which were initially handed over to the lawyer, shall lapse either in the event that the client fails to pay full professional fees of the lawyer or after the passage of five
(5) years following the date of termination of their relationship, unless otherwise agreed between them.
1. If the Lawyer wishes to step down or to have his / her legal representation for the client terminated, he / she shall notify his / her client or the latter's representative either by registered post with acknowledgment due or via e-mail, as the case may be. In addition, the lawyer shall continue to handle the case procedures for not more than one month following the date of sending the aforementioned notice, whenever the same is necessary to defend the interests of the client or its representative, unless the client or the court notifies the lawyer that the termination is accepted.
2. If the Lawyer steps down or requests the termination of his / her legal representation for the client when the case is being processed, he / she shall deliver to his / her client the power of attorney, the original documents and paperwork and fees paid upfront, unless otherwise agreed.
3. In all cases, the lawyer shall not be allowed to step down if the case is set for adjudication, without the approval of the court hearing the underlying case.
1. The Lawyer may not engage in any activity that goes against the dignity or norms of the legal profession, shall perform his / her duties honorably and honestly, and shall abide by the ethics and professional conduct of the legal profession, including, in particular, those provided for in this Decree Law and its Executive Regulations and the Code.
2. Upon dealing with members of the judicial authority, the Lawyer shall act in a decent manner that observes the dignity and standing of the judicial authority, and shall avoid anything that may preclude the adjudication on cases or disturb the rule of law.
The Lawyer shall neither accept, nor continue to perform, legal representation with respect to a case or legal procedure before any judge or public prosecution member with whom the lawyer knowingly has any relationship by marriage or blood up the fourth degree, even if the adverse party of his / her client accepts the same.
Any person, who had occupied a public or private job and left the same, and is currently practicing the legal profession, shall not accept the legal representation, whether by himself / herself or through any lawyer acting on his / her behalf, in respect of any case against his / her former employer, within the year following the date of leaving his / her job, unless the merits of the underlying case are relating to anything falling under his / her responsibility or in respect of which he had performed any action with the former employer. In the latter case, the lawyer shall never accept the legal representation whether by himself / herself or through any lawyer acting on his / her behalf.
1. The Lawyer shall be prohibited from engaging in business activities.
2. The Lawyer may own and invest in financial and real estate assets.
3. Notwithstanding the provisions of Clause (1) of this Article, the Lawyer may engage in the business activities specified by the Executive Regulations of this Decree Law.
4. The Lawyer may be a founder, shareholder or partner of any company in respect of which his / her liability is limited to the capital contribution provided by him / her.
The Lawyer may not accept the legal representation in respect of any legal proceeding against any person or entity that had previously consulted him / her and allowed him / her to get access to its documents and aspects of defense.
The Lawyer shall refrain from giving statements about the facts or information that comes to his / her knowledge ex officio, unless the owner of such information accepts the same.
1. The Lawyer shall be prohibited from:
a. Disclosing any secret entrusted to him / her, whether orally, in writing or via e-mail, means of modern technology or any other means of communication, or which comes to his / her knowledge ex officio, unless the disclosure of the same would prevent the commission of an offense affecting a person's life or safety or would cause serious damage to a person's property, or unless the disclosure of the same is an obligatory duty under the laws in force in the State;
b. Revealing the personal matters that offend or spoil the reputation, honor or dignity of the adverse parties, attorneys or witnesses, unless the same is necessary to defend the interests of his / her client;
c. Disclosing any information about the cases assigned to him / her or any secret entrusted to him / her;
d. Abusing the right to litigation, including prolongation of the proceedings;
e. Deceiving or misleading his / her client in any way;
f. Providing any assistance, even in the form of advice, to his / her client's adverse party in respect of the same dispute in question or any dispute thereto related, even after the legal representation for such a client ends;
g. Accepting the legal representation in respect of any legal proceeding that had already been handled by him / her or which falls within the scope of his / her area of competence for the jobs covered by the provisions of Article (14) hereof; or
h. Promoting, or attempting to promote, himself / herself in any manner that goes against the ethics of the profession, by any means of promotion or enticement by intermediaries. The Executive Regulations of this Decree Law shall determine the controls and means of promotion.
2. Whoever violates the provisions of Clause (1) of this Article shall be subject to the disciplinary measures, without prejudice to any other penalties set forth in this Decree Law and the laws in force in the State.
Chapter Three Legal fees
1. The Lawyer shall have the right to receive legal fees for the professional activities he/she performs within the limits of his / her power of attorney, and may recover the expenses he/she incurs as required for handling the cases or duties assigned to him / her.
2. The retainer agreement shall be executed in writing by any means prior to the performance of the agreed upon work, and the legal fee shall become due according to such an agreement.
The following aspects shall be taken into account upon determining the effort and estimating the legal fees due:
1. The type and nature of the work assigned to the Lawyer, the estimated effort and the skills required to perform the same;
2. The expected time required by the lawyer to complete the work;
3. The importance of the case or the interests involved in the dispute;
4. The lawyer's experience, standing, seniority, degree of registration, and the reputation and prestige of his / her law firm; and
5. Expenses of the lawyer's firm for gathering the information, and other costs and encumbrances.
Legal fees may be agreed upon in advance depending on the type, nature or circumstances of the work assigned to the Lawyer, or according to the hourly rate system adopted by the firm for the handling and completion of the underlying work.
1. The retainer agreement shall set out the details of the work assigned to the Lawyer, as
well as its requirements in accordance with the law, customary practice and the nature of such work;
2. The retainer agreement may be relating to a legal proceeding, the execution or review of a contract or agreement, the giving of a legal opinion or advice, a stage of the legal proceeding such as appealing a judgment by any means of appeal or the initiation of enforcement procedures, or just a specific procedural action in respect of any existing legal proceeding, and the legal fees shall become due according to the agreement.
3. In the absence of a retainer agreement, the legal fees shall become due as follows:
a. If the work assigned to the lawyer is relating to a particular legal proceeding or any phase thereof, such as appealing the judgment by any means of appeal, the lawyer shall, as a prerequisite to be entitled to the legal fees, handle the procedures on behalf of his / her client in respect of such a legal proceeding until both a judgment is rendered on the merits thereof at the litigation instance for which the lawyer is appointed, and such a judgment is served upon the adverse party;
b. If the work assigned to the lawyer is relating to enforcement procedures of a legal proceeding, the lawyer shall, as a prerequisite to be entitled to the legal fees, handle the enforcement procedures on behalf of his / her client until a final judgment is rendered by the court or where the enforcement procedures could not be completed due to any reasons beyond the reasonable will of the lawyer, and after exhausting all legal procedures of enforcement; or
c. If the work assigned to the lawyer is relating to a specific procedural task in respect of a pending legal proceeding or a specific procedure in respect of any enforcement matter, the lawyer shall, as a prerequisite to be entitled to the legal fees, complete the work assigned to him / her.
4. If the lawyer-client agreement provides that the legal fees shall be a percentage of the court-awarded amount, such a percentage shall not exceed (25%) of the value of the court-awarded amount, and the Executive Regulations hereof shall determine the conditions governing the lawyer's eligibility to receive such fees. In which case, no fees shall be due to the lawyer if the latter loses the underlying legal proceeding.
If the lawyer is hired by several clients, each client shall be liable for his / her share in the legal fees, with the exception of cases where each client undertakes to pay full fees to the lawyer if either the subject of the work is indivisible or they agree under the retainer agreement to jointly pay the legal fees. Any client who pays off the debt in either case shall claim from the remaining clients the payment of their respective shares.