New UAE Federal Law 34 of 2022

A New UAE Law is implemented on 2^nd January 2023, and the law is Federal Law 34/2022, which is about the profession of Advocacy and Legal Consultancy. These new Federal Laws throw the lights on the differences in a more appropriate way. The “Latest Laws” still differentiating in two categories like before which are;

• Advocates
• Legal Consultants

It means there are still two types to classify the services of legal practitioners. ADVOCATES can appear in courts and LEGAL CONSULTANTS can’t appear in courts.

• In-House Lawyers
• Advocates
• Legal Consultants
• Visiting Legal Consultants

We will explain one by one briefly for a better understanding here.

These lawyers are registered as Non-Practicing Lawyers. DUBAI LEGAL AFFAIR DEPARTMENT has established a NON-Practicing ADVOCATES and NON-Practicing Legal Consultants, whose, registration has to be renewed after a year. The federal law regulates the in-house, lawyers and legal consultants. They are restricted to continue their private legal activities. As per the role of In-hosue lawyers, they can’t appear in courts. Their role is to work as in-house lawyer for the employer, they are supposed to work. For CPLD accreditation, it is not clarified yet or they can be a subject to grievance process, it is not cleared yet.

For Advocates, they are allowed to appear in Courts and they can only be UAE National Lawyers. They have to pass professional examination to pass the professional degree exams, they have to take Bar license, and there must be certain age of 18, to become and advocate. We repeat that just UAE National Advocates, can become the Advocates. Court Proceedings are to be conducted in ARABIC except Arbitration or few cases which are accepted/passed in a new Civil Code 2023. For certain cases, now English-speaking lawyers in United Arab Emirates, can appear in Courts too.

As far the Advocate is concerned then others are not allowed to be called as ADVOCATES and the others can also not appear in Court Hearings. The Power of Attorneys can only be taken by UAE National Advocates as well, to appear in Court Hearings.

As we discuss before, the Legal Consultants can’t attend court hearings. This option is reserve only for the ADVOCATES in United Arab Emirates. Advocate means UAE National Advocate only. But the New Laws also bring new responsibilities and duties for the legal consultants.

The accountability of these legal consultants has also been increased like Advocates. They can’t provide a wrong advice to, client otherwise they can also be challenged in DIWAN and DIWAN will take the serious and strict action different than before.

These legal consultants can provide legal advice to clients. These legal consultants can also offer documentation services including drafting, reviewing and amendments. These legal consultants can also sign the retainership legal agreements where direct or indirect court appearances are not required. An Emirati Advocate can be a legal consultant but a legal consultant(expatriate)can’t become an Advocate. Legal Consultants are must require to meet the CPLD requirements.

As per new Law, now a legal consultant who is not in UAE, can obtain a permission (legal permit) to work like a legal consultant. These Visiting Legal Consultants can offer the services, in DIFC, ADGM and other Free Zones as well. There is no restriction to work anywhere in UAE, but they will be considered as Visiting Legal Consultants. But the duration is 30 Days. They can also come to DUBAI to work on some legal matters but for 30 Days permission only.

The Conclusion is, that “New Laws” throw a light on the advancements in a better way. Further to this, if clarifications are required or readers need some more elaborative explanations, then book the legal appointment with Advocates or Legal Consultants. ASK THE LAW – Al Shaiba Advocates and Legal Consultants, has been practicing in the market for more than 20 Years. Law Firm is considered as one of the top Law Firms in DUBAI and among reputed Law Firms in all over the UAE. Chairman, Advocate Mr Mohammad Ebrahim Hassan Al Shaiba, is popular UAE National Lawyer, also writes in Gulf News. It is also recommended that we should, consult the Advocates and Legal Consultants first, before we make an opinion, take decision or file a case.