ArticlesLaw Regulating Legal Advocacy and Legal Consultancies Professions

30 January, 20230

Law Regulating Legal Advocacy and Legal Consultancies Professions

Decree of Federal Law No. 34 of 2022 on the Regulation of Legal Advocacy and Legal Consultancies was promulgated with effect from 2 January 2023, revoking the Federal Law No. 23 of 1991 and any provision that contravenes or contradicts the provisions of this new Law. However, the Executive Regulation of Law No. (23) of 1991 shall continue in accordance with the provisions of the new Law until the Executive Regulation of the new Law is issued.

This new Law defines the scope of its provisions and regulates the exercise of the legal profession (advocacy) and legal consultations in terms of the conditions, restrictions, and registration of working and non-working lawyers and trainees, in addition to their removal from the lawyers’ schedule. The Law also stipulates the nature of the relationship between lawyers and their clients, and the rights and obligations of lawyers, which include the inadmissibility of cases before a judge or a public prosecutor with whom they have a relationship of kinship through blood or marriage.

The Law also stipulates that lawyers’ fees must be written by any means and due based on such writing. This new Law regulates the work of the Legal Counsel, law firms and legal consulting offices whether they are individual institutions, professional companies, or a branch of a foreign office as well. The Law also regulates the work of the Ministry of Justice’s competent department to investigate the full performance of lawyers and legal consultants.

Chapter 7 of the Law defines cases of assignment of judicial assistance, also, chapter 8 defines the disciplinary and criminal liability of lawyers and legal consultants in case committing any act prohibited that is provided in this Law or its executive regulation as follows:

– A warning,

– Then a fine of not less than 5,000 AED and not more than 30,000 AED,

– Then suspension from the practice of the profession for a period not exceeding two years,

– Then final removal from the schedule or record of lawyers.

It also regulates the procedures regarding the formation of the Disciplinary Board, its decisions and methods to challenge its decisions, and the criminal liability and penalties of fines prescribed in articles (97) to (103) whereby anyone who assaults a lawyer by beating, threatening, insulting, defaming or slandering in the course of their work shall be punished by a fine of not less than Fifty thousand (50,000) AED and not more than three hundred thousand (300,000)  AED or one of these penalties.

 

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