Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession

Article 1 — Definitions ¶

For the purpose of applying the provisions of this Decree Law, the following words and expressions shall have the meanings assigned thereto, unless the context otherwise requires: The State: ... The Ministry: ... The Minister: ... Head of Local Judicial Authority: ... The Committee: ... The Competent Department: ... The Roll: ... The Register: ... The Lawyer: ... Legal Consultant: ... The profession: ... The Code: ... The Firm: ... The Foreign Firm: ... Legal Fees: ... Retainer Agreement: ...

Article 2 — Objectives of this Decree Law ¶

This decree law shall aim to: 1. Regulate the legal profession and legal consultation profession. 2. ...

Article 3 — Scope of Application ¶

1. The professions of this Decree Law shall apply to all persons and entities practicing the legal profession ...

Part Two: Practice of the Legal Profession
Chapter One: Independence and Controls of the Profession

Article 4 ¶

The legal profession is an independent, liberal profession regulated by this Decree Law, and contributes ...

Article 5 ¶

Lawyers are the professionals who engage in the legal profession for the sake of providing judicial ...

Article 6 ¶

1. Only lawyers duly licensed in the State shall practice the legal profession or carry out any activity ...

Article 7 ¶

Without prejudice to Article (9) hereof, only the lawyers admitted for pleading before the Federal Supreme Court ...

Article 8 ¶

Notwithstanding the provisions of Article (6) hereof: 1. The persons concerned may authorize their spouses ...

Article 9 ¶

Notwithstanding the provisions of Articles (6) and (7) hereof: 1. The State Lawsuits Department ...

Article 10 ¶

1. A non-national lawyer may be licensed to practice the legal profession in the State subject to satisfying ...

Chapter Two: Listing in Rolls of Lawyers

Article 11 ¶

Roll of lawyers shall be created by the Ministry as follows: 1. The Roll of Practicing Lawyers; 2. ...

Section One: Listing in Rolls of Practicing Lawyers

Article 12 ¶

1. The Rolls of Lawyers shall be divided into: a. The Roll of Practicing Lawyers admitted before the ...

Article 13 ¶

1. To be a national citizen; 2. To be at least twenty-one (21) calendar years of age; 3. To be of full ...

Article 14 ¶

Notwithstanding the provisions of Articles (13.5) and (13.6) hereof, any person who has already occupied ...

Article 15 ¶

1. Listing in the Roll of Practicing Lawyers shall be valid for three (3) years renewable for a similar ...

Article 16 ¶

1. The lawyer shall only practice the legal profession after taking the following legal oath: 2. ...
"I swear by Allah, the Almighty Lord, that I shall perform my duties honestly and honorably, respect ..."

Article 17 ¶

The Executive Regulations hereof shall set out the conditions and procedures of moving the listing details ...

Section Two: Listing in the Rolls of Trainee Lawyers

Article 18 ¶

The trainer shall have his / her name listed in the Roll of Trainee Lawyers subject to satisfying the ...

Article 19 ¶

1. The application for moving the listing details of the trainee lawyer to the Roll of Practicing Lawyers ...

Article 20 ¶

1. Each lawyer admitted for pleading before the Federal Supreme Court shall admit at least one trainee ...

Article 21 ¶

No lawyer, whose name is listed in the Rolls of Practicing Lawyers, shall be permitted to assume any ...

Section Three: Listing in the Roll of Non-Practicing Lawyers

Article 22 ¶

1. The following persons shall have their names listed in Roll of Non-Practicing Lawyers: a. The President ...

Article 23 ¶

1. Subject to the provisions of Articles (6.2) and (7) of this Decree Law, the Lawyers, whose names ...

Section Four: Removing Lawyers' Names from the Rolls

Article 24 ¶

Every Lawyer deregistered under a decision of the Committee shall have his / her name removed from the ...

Part Three: Lawyers' Rights and Duties and Lawyer-Client Relationship
Chapter One: Rights of Lawyers

Article 25 ¶

While carrying out the duties of his profession, the Lawyer shall be treated with as much respect as ...

Article 26 ¶

The Lawyer shall have the full freedom to accept or reject legal representation in respect of any specific ...

Article 27 ¶

Subject to the provisions of laws regulating civil and criminal procedure, the Lawyer shall have the ...

Article 28 ¶

In no event may the Lawyer be questioned, nor may his / her office be searched for any matters in respect ...

Article 29 ¶

No attachment may be imposed on the office firm of the Lawyer or the foreign firm or the assets of such ...

Chapter Two: Duties and Prohibitions of Lawyers

Article 30 ¶

1. The Lawyer shall attend in person in respect of the case assigned to him / her. 2. The Lawyer may ...

Article 31 ¶

The Executive Regulations of this Decree Law shall determine the controls for authorizations, and disciplinary ...

Article 32 ¶

1. Before accepting the legal representation, the Lawyer shall keep his / her client informed of any ...

Article 33 ¶

While appearing before the courts, the Lawyer shall wear the court dress specified by the Ministry.

Article 34 ¶

1. If the court appoints a lawyer to defend an accused in accordance with the provisions of the Criminal ...

Article 35 ¶

1. The Lawyer appointed in accordance with Article (34) of this Decree Law shall carry out the duties ...

Article 36 ¶

1. The Lawyer shall submit to the court his / her duly attested power of attorney at the first hearing ...

Article 37 ¶

1. When the legal representation is completed, the Lawyer shall return to his / her client the power ...

Article 38 ¶

1. If the Lawyer wishes to step down or to have his / her legal representation for the client terminated ...

Article 39 ¶

1. The Lawyer may not engage in any activity that goes against the dignity or norms of the legal profession ...

Article 40 ¶

The Lawyer shall neither accept, nor continue to perform, legal representation with respect to a case ...

Article 41 ¶

Any person, who had occupied a public or private job and left the same, and is currently practicing ...

Article 42 ¶

1. The Lawyer shall be prohibited from engaging in business activities. 2. The Lawyer may own and invest ...

Article 43 ¶

The Lawyer may not accept the legal representation in respect of any legal proceeding against any person ...

Article 44 ¶

The Lawyer shall refrain from giving statements about the facts or information that comes to his / her ...

Article 45 ¶

1. The Lawyer shall be prohibited from: a. Disclosing any secret entrusted to him / her, whether ...

Chapter Three: Legal fees

Article 46 ¶

1. The Lawyer shall have the right to receive legal fees for the professional activities he/she performs ...

Article 47 ¶

The following aspects shall be taken into account upon determining the effort and estimating the legal fees ...

Article 48 ¶

Legal fees may be agreed upon in advance depending on the type, nature or circumstances of the work ...

Article 49 ¶

1. The retainer agreement shall set out the details of the work assigned to the Lawyer, as well as its ...

Article 50 ¶

If the lawyer is hired by several clients, each client shall be liable for his / her share in the legal fees ...

Article 51 ¶

If there are several lawyers handling a single case and are belonging to different law firms, each lawyer ...

Article 52 ¶

1. The lawyer shall receive his / her fees according to the retainer agreement with the client. In absence ...

Article 53 ¶

1. The lawyer's right to claim his / her legal fees shall lapse upon the passage of three (3) years ...

Article 54 ¶

1. If the case assigned to the lawyer is finalized by amicable settlement as authorized by the client ...

Article 56 ¶

The lawyers' legal fees and relevant expenses shall have a lien that is ranked directly next to the ...

Article 57 ¶

1. If the client removes the lawyer without a lawful reason after the lawyer has initiated the task ...

Article 58 ¶

1. If the client passes away and the heirs decide that the lawyer would not continue to act as their ...

Part Four: Paralegals
Chapter One: Legal Researchers and Consultants

Article 59 ¶

1. The work of the legal researcher and consultant shall be restricted to providing the legal services ...

Article 60 ¶

1. The competent department shall keep a register for recording the names of legal researchers and consultants ...

Article 61 ¶

1. Upon performing their duties, the legal researcher and consultant shall abide by the principles of ...

Article 62 ¶

The Competent Department may, at any point of time, verify the compliance by the legal researcher and ...

Article 63 ¶

The practicing legal consultant, who encounters any compelling circumstance that would preclude him ...

Chapter Two: Representatives

Article 64 ¶

1. The Competent Department shall keep a register that contains the names of representatives working ...

Article 65 ¶

The period of listing the representative's name in the Register shall be three (3) years renewable for ...

Article 66 ¶

Upon performing his / her job duties, the representative shall abide by the principles of honor, honesty ...

Article 67 ¶

The representative shall be prohibited from: 1. Pleading before the courts or public prosecution, or ...

Part Five: Regulation of Law and Legal Consultation Firms and Companies

Article 68 ¶

The lawyer shall practice the legal profession singlehandedly through his / her own law firm, in association ...

Article 69 ¶

1. National citizens, who are listed in the registers of legal consultants kept with the Ministry, may ...

Article 70 ¶

The law firm or legal consultation firm may be a branch of a foreign firm. As a prerequisite for approval ...

Article 71 ¶

Every lawyer or legal consultant shall have an appropriate firm for practicing the professional services ...

Article 72 ¶

Any professional license for the firm may only be issued by the local economic departments or the competent ...

Article 73 ¶

The lawyer or legal consultant shall not be allowed to have more than one firm in a single city. If ...

Article 74 ¶

The Competent Department shall keep a register of licensed firms in every emirate and free zone, containing ...

Article 75 ¶

1. The law firms and legal consultation firms shall have any of the following legal forms: a. Sole ...

Article 76 ¶

1. The committee may, based on a well-grounded application to be submitted thereto by the law firm ...

Article 77 ¶

The license of the law firm or legal consultation firm shall either be temporarily suspended by the ...

Article 78 ¶

Every stakeholder may file a written grievance with the Ministry against any of the decisions issued ...

Part Six: Supervision of the Law and Legal Consultation Profession
Chapter One: Lawyers and Legal Consultants Affairs Committee

Article 79 ¶

A committee, to be known as the "Lawyers and Legal Consultants Affairs Committee" shall be formed based on ...
Composition table: The Undersecretary (Chairman); A judge of the Federal Supreme Court (Member); A judge of the Court of Appeal (Member); A public prosecution member the rank of at least Advocate General (Member); The assistant undersecretary (Member); Three practicing lawyers (Members); A legal expert (Member); Director of the Competent Department (Member and Rapporteur).

Article 80 ¶

1. The Committee shall exercise the following functions: a. Decide on the applications for listing ...

Chapter Two: The Ministry's Competent Department

Article 81 ¶

The Competent Department may verify the compliance by the lawyers, legal consultants and law firms with ...

Article 82 ¶

1. The applications for listing, and renewal of listing, in the rolls of lawyers shall be submitted ...

Part Seven: Judicial Assistance

Article 83 ¶

The public prosecution or the competent court, as the case may be, shall appoint a lawyer to represent ...

Article 84 ¶

If several lawyers refuse legal representation in respect of the legal proceedings that are required ...

Article 85 ¶

If the lawyer passes away, is suspended, his / her name is removed from the roll, his / her freedom ...

Part Eight: Disciplinary and Penal Liability
Chapter One: Disciplinary Liability

Article 86 ¶

Any lawyer or legal consultant, who violates the duties of his / her profession, breaches any professional ...

Article 87 ¶

1. The Committee may [impose] either of the penalties set forth in Articles (86.1) and (86.2) of this Decree ...

Article 88 ¶

1. The complaint against the lawyer or legal consultant shall be filed with the committee against the ...

Article 89 ¶

The lawyer's or legal consultant's resignation shall not be deemed a ground precluding the imposition ...

Article 90 — Disciplinary Board ¶

The disciplinary board shall be formed based on a resolution of the Minister, under the chairmanship ...

Article 91 ¶

1. The lawyer or legal consultant, as the case may be, shall be notified to appear before the competent ...

Article 92 ¶

The disciplinary board may, either sua sponte or based on the request of the Public Prosecution or the ...

Article 93 ¶

Hearings of the disciplinary board shall be held behind closed doors, and the decisions shall be issued ...

Article 94 ¶

The disciplinary decisions shall be served by the legal means of service, and the delivery of the decision ...

Article 95 ¶

1. The Public Prosecution and the lawyer or legal consultant – as the case may be – who is found guilty ...

Article 96 ¶

1. The lawyer or legal consultant – as the case may be – against whom a final judgment is rendered by ...

Chapter Two: Criminal Liability and Penalties

Article 97 ¶

Whoever assaults a lawyer by hand or by threatening, insulting or defamatory speech in the course of ...

Article 98 ¶

Whoever, with intent to practice the profession without a license, leases a law firm's premises although ...

Article 99 ¶

Any lawyer, who knowingly leases out his / her law firm to a third party or enters into partnership ...

Article 100 ¶

Imprisonment sentence for a term of not less than three (3) months and / or a fine of not less than ...

Article 101 ¶

A fine penalty of not less than AED (20,000) twenty thousand dirhams, and not exceeding AED (200,000) ...

Article 102 ¶

Imprisonment sentence for a term not exceeding six (6) months and / or a fine of not less than AED (...) ...

Article 103 ¶

The imposition of the penalties set forth in this Decree Law shall not prejudice any more severe penalty ...

Part Nine: Final Provisions

Article 104 ¶

The Cabinet shall issue a resolution setting out the prescribed fees according to the provisions of ...

Article 105 ¶

The Cabinet shall, based upon the Minister's proposal, issue a resolution setting out the criteria and ...

Article 106 ¶

The Cabinet shall, based upon the Minister's proposal, issue a resolution approving the Code of the ...

Article 107 ¶

The Cabinet shall, based upon the Minister's proposal, issue the Executive Regulations of this Decree Law ...

Article 108 ¶

Employees of the Competent Department, whose names are listed in a resolution to be issued by the Minister ...

Article 109 ¶

The Cabinet may, based upon the Minister's proposal, issue the regulations of administrative penalties ...

Article 110 ¶

The Minister shall issue the decisions required for implementing the provisions of this Decree Law ...

Article 111 ¶

1. Federal Law No. (23) of 1991 Regulating the Legal profession, as amended, shall hereby be repealed ...

Article 112 ¶

This Decree Law shall be published in the Official Gazette, and shall enter into force on January 2, 2023.