Legislation Details
- Full Title: Federal Decree Law Regulating the Legal Profession and Legal Consultation Profession
- Law Type: Federal Decree Law
- Law Number: 34 of 2022
- Issued Date: 03 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 243
- Chapters: 0
- Amendments: 0
Summary
This Federal Decree Law regulates the legal profession and legal consultation profession in the United Arab Emirates. It aims to develop the legal profession, upgrade the efficiency of its practitioners, and promote trust in those performing legal and consultation services through specific professional, ethical, and behavioral controls. The law applies to all persons and entities practicing the legal profession and legal consultation profession in the UAE, though emirates with local judicial authorities may regulate these professions under their own local legislation. (Federal Decree Law No. (34) of 2022, Art. 2, Art. 3)
This comprehensive legislation is significant for lawyers, legal consultants, and businesses in the UAE, as it establishes clear rules, rights, and obligations for the legal profession. It impacts how legal services are provided, the requirements for practicing law, the regulation and supervision of the profession, and the disciplinary and criminal liability for non-compliance. (Federal Decree Law No. (34) of 2022, Art. 1-Art. 112)
What is the scope and purpose of this law?
The scope of this Federal Decree Law is to regulate the legal profession and legal consultation profession in the United Arab Emirates. It applies to all persons and entities practicing these professions in the country. The law aims 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 trust in those performing the legal profession and legal consultation profession under the umbrella of specific professional, ethical and behavioral controls. (Federal Decree Law No. (34) of 2022, Art. 2, Art. 3)
What are the key definitions under this law?
- 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 established under Article 79
- 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 lawyers' data
- The Register: The paper or electronic document kept by the Competent Department for recording data of lawyers' assistants
- The Lawyer: The natural person whose name is recorded in the roll of practicing or non-practicing lawyers
- Legal Consultant: The natural person whose name is recorded in the roll of legal consultants
- The profession: The legal profession or legal consultation profession
- The Code: Regulations that set out rules and controls for lawyers and their assistants, as well as professional ethics and conduct
- The Firm: The law firm or legal consultation firm duly licensed in the UAE
- The Foreign Firm: The branch of a foreign firm or company duly licensed in the UAE to engage in the legal profession and legal consultation
- Legal Fees: The monetary consideration payable to the lawyer or legal consultant
- Retainer Agreement: An agreement between the lawyer/consultant and client on fees, payment, and duties
(Federal Decree Law No. (34) of 2022, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include:
- Only lawyers duly licensed in the UAE can practice the legal profession or use the title "lawyer". This includes appearing before courts, providing legal opinions and advice, drafting contracts, and representing parties in non-judicial legal work. (Federal Decree Law No. (34) of 2022, Art. 6)
- Lawyers admitted for pleading before the Federal Supreme Court are the only ones allowed to appear before that court on behalf of parties. (Federal Decree Law No. (34) of 2022, Art. 7)
- Non-national lawyers can be licensed to practice law in the UAE if they meet specific requirements, including having at least 15 years of legal experience, being a partner in a foreign law firm licensed in the UAE, and only handling certain types of legal proceedings. (Federal Decree Law No. (34) of 2022, Art. 10)
- Lawyers have various rights and duties, including the right to independence and the duty to maintain client confidentiality. (Federal Decree Law No. (34) of 2022, Art. 25-Art. 45)
- Law firms and legal consultation firms must be duly licensed in the UAE and meet certain requirements. (Federal Decree Law No. (34) of 2022, Art. 68-Art. 78)
What licensing, registration, or approval requirements exist?
The key licensing and registration requirements under this law include:
- Lawyers must be listed in the Roll of Practicing Lawyers, Roll of Trainee Lawyers, or Roll of Non-Practicing Lawyers kept by the Competent Department. Requirements for listing include holding a law degree, passing the bar exam, and meeting other criteria. (Federal Decree Law No. (34) of 2022, Art. 11-Art. 24)
- Legal researchers, legal consultants, and representatives must be registered in the Register kept by the Competent Department. Requirements include holding a law degree or equivalent. (Federal Decree Law No. (34) of 2022, Art. 59-Art. 67)
- Law firms and legal consultation firms must be duly licensed in the UAE and meet requirements related to ownership, management, and other operational aspects. (Federal Decree Law No. (34) of 2022, Art. 68-Art. 78)
- Non-national lawyers must be partners in a foreign law firm licensed in the UAE and meet additional criteria to be licensed to practice law in the country. (Federal Decree Law No. (34) of 2022, Art. 10)
What rights and protections does this law provide?
The key rights and protections granted under this law include:
- Lawyers have the right to independence in practicing their profession. (Federal Decree Law No. (34) of 2022, Art. 4, Art. 5)
- Lawyers have the right to maintain the confidentiality of information related to their clients. (Federal Decree Law No. (34) of 2022, Art. 31)
- Lawyers have the right to refuse to represent a client if the representation would conflict with the lawyer's personal interests or if the client insists on an unlawful course of action. (Federal Decree Law No. (34) of 2022, Art. 32, Art. 33)
- Lawyers have the right to receive fair and reasonable legal fees for their services, as agreed with the client. (Federal Decree Law No. (34) of 2022, Art. 46-Art. 58)
- The law provides protections for lawyers against interference with the performance of their professional duties. (Federal Decree Law No. (34) of 2022, Art. 25-Art. 29)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing and overseeing this law include:
- The Lawyers and Legal Consultants Affairs Committee, established under Article 79, which is responsible for supervising the legal profession and legal consultation profession, issuing the Code of Professional Conduct, and other duties. (Federal Decree Law No. (34) of 2022, Art. 79, Art. 80)
- The Ministry's Competent Department, which is responsible for maintaining the Rolls and Registers, issuing licenses, and other administrative functions. (Federal Decree Law No. (34) of 2022, Art. 81, Art. 82)
- The courts, public prosecution, and government entities, which are responsible for only admitting lawyers whose names are recorded in the Roll of Practicing Lawyers. (Federal Decree Law No. (34) of 2022, Art. 6)
- The State Lawsuits Department of the Ministry, which represents government entities in legal proceedings. (Federal Decree Law No. (34) of 2022, Art. 9)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance:
- Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for practicing the legal profession without being listed in the Roll of Practicing Lawyers. (Federal Decree Law No. (34) of 2022, Art. 97)
- Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for using the title "lawyer" without being listed in the Roll of Practicing Lawyers. (Federal Decree Law No. (34) of 2022, Art. 98)
- Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for a lawyer disclosing confidential client information. (Federal Decree Law No. (34) of 2022, Art. 99)
- Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for a lawyer accepting or demanding illegal fees. (Federal Decree Law No. (34) of 2022, Art. 100)
- Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for a lawyer engaging in conduct that violates the Code of Professional Conduct. (Federal Decree Law No. (34) of 2022, Art. 101)
How does this law interact with other UAE legislation?
This Federal Decree Law Regulating the Legal Profession and Legal Consultation Profession interacts with and references several other UAE federal laws, including:
- Federal Law No. (6) of 1978 on the Establishment of Federal Courts and Transfer of the Jurisdiction of Local Judicial Authorities in some Emirates
- The Civil Code, promulgated by Federal Law No. (5) of 1985
- Federal Law No. (23) of 1991 Regulating the Legal profession
- The Law of Evidence in Civil and Commercial Transactions, promulgated by Federal Law No. (10) of 1992
- The Civil Procedure Law, promulgated by Federal Law No. (11) of 1992
- The Criminal Procedure Law, promulgated by Federal Law No. (35) of 1992
- The Commercial Code, promulgated by Federal Law No. (18) of 1993
- Federal Law No. (17) of 2016 on the Establishment of Conciliation and Mediation Centers for Civil and Commercial Disputes
- Federal Law No. (6) of 2018 on Arbitration
- 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. (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. (34) of 2022, Preamble)
When did this law come into effect?
This Federal Decree Law Regulating the Legal Profession and Legal Consultation Profession was issued on 03 October 2022 and came into effect on 02 January 2023, as published in Official Gazette No. 737. (Federal Decree Law No. (34) of 2022, Issued Date, Effective Date)
Source Documents
This article analyses Federal Decree Law Regulating the Legal Profession and Legal Consultation Profession for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.