UAE Cabinet approves executive regulations for legal professionals and consultants

The UAE Cabinet has approved the executive regulations for the law regulating the legal profession and legal consultation profession.

These regulations aim to strengthen the country’s judicial system, develop the country’s indicators related to the rule of law and enforcement of justice and achieve effective justice based on the concepts of partnership and integration.

They specify the conditions and procedures for transferring a lawyer from the roll of lawyers practising before the courts of first instance and appeal to the roll of lawyers practising before the Federal Supreme Court.

In addition, they specify the conditions for practical training for trainee lawyers; the obligations of the lawyer supervising the training; the regulations for licensing non-national lawyers to practise law in the UAE; the conditions and procedures for registering researchers and legal advisors; the regulations for deleting and re-registering a researcher or legal advisor; and the powers of legal advisors.

They also specify the conditions for establishing the register of law and legal consultation firms; and the procedures for licensing, suspension, deletion, and liquidation thereof; as well as the regulations for the equivalency of university qualifications.

In addition, the executive regulations specify the rights and duties of lawyers and their relationship with clients; the lawyer’s right to receive fees; the regulations for the court’s assessment of the fees of a lawyer in criminal cases; and if it permissible for a lawyer to engage in commercial activities in accordance with specific terms and conditions.

The regulations stipulate that legal researchers, legal advisors and representatives must be committed not to divulge confidential information entrusted to them, unless disclosing it would prevent the commission of a crime against man’s life or safety or would cause serious damage to property, or unless they are required to do so under the country’s observed laws. These regulations also specify the conditions for granting temporary permission to lawyers from other countries to plead before the country’s courts.

The Cabinet also approved the regulatory framework for professional law and legal consultancy firms. The framework aims to enhance the legal environment in the country and regulate the practice of the legal professions in accordance with best practices through firms that take the form of a legal or legal consultancy professional law firms or legal consultancies. They also aim to develop the legal professional firm and increase their competitiveness.

Under the provisions of these regulations, Emirati lawyers and legal consultants may establish professional companies individually or in partnership with international law firms after obtaining the necessary approvals from the competent authorities, provided that these firms have been established for at least 15 years and have branches or companies in at least three other countries.

The regulations specify the legal forms permitted for professional companies, which include partnership companies, limited liability companies, and one-person limited liability companies. All partners must be licensed to practise the profession, in accordance with the provisions of federal decree-law no. 34 for 2022 regulating the legal and legal consultancy professions and the executive regulations thereof, to ensure compliance with professional and legal standards.

To obtain a professional company licence, the applicant must be an Emirati lawyer or legal advisor registered with the Ministry of Justice, the company’s articles of association must be certified by the competent authorities, and professional insurance covering liability for professional errors must be obtained to protect clients' rights and enhance confidence in the legal services provided.