ME-ALLIANCE LEGAL UPDATE
Decision of the Head of the Judiciary Department No. (21) of 2024 regarding foreign lawyers accepted before the Civil Family Court
In April 16, 2024, the President of the Judiciary Department issued Decision No. (21) of 2024 regarding foreign lawyers accepted before the Civil Family Court. This decision was made after reviewing Law No. (14) of 2021 concerning civil marriage and its implications in the Emirate of Abu Dhabi, along with its amendments, and Federal Decree-Law No. (34) of 2022 regarding the regulation of the professions of advocacy and legal consultancy. The scope of this decision pertains to representing litigants before the Civil Family Courts in disputes related to the application of Law No. (14) of 2021 referred to.
Initial Rule:
No lawyer may represent litigants before the Civil Family Courts unless their name is listed in one of the following tables:
✔️ Table of registered lawyers authorized to plead before the Judiciary Department Courts.
✔️ Table of registered foreign lawyers accepted before the Civil Family Court.
Conditions for registration in the table of foreign lawyers:
Those seeking registration in the table of foreign lawyers must meet the following requirements:
1. Proficiency in the English language in reading, speaking, and writing.
2. Good conduct and behaviour, not previously convicted of a crime or misdemeanour contrary to honour and honesty, even if their reputation has been restored.
3. Being physically fit to perform their duties effectively, with a minimum age requirement of 21 years old.
4. Holding a Bachelor’s degree in law or equivalent legal studies from a recognized university or college in the country.
5. Having previous experience in law practice, legal consultancy, or equivalent legal work for a period not less than 15 years, with specific types of legal work defined in a decision issued by the Attorney General.
6. Providing a valid professional indemnity insurance document against professional liability issued by an insurance company licensed to operate in the country, unless the lawyer’s liability is covered by the insurance document of the office where they work, according to the conditions specified by the committee.
7. Successfully completing the training program prepared according to the regulations governing it.
8. Practicing the profession through one of the licensed law firms or legal consultancy offices in the Emirate.
9. Meeting any other suitable conditions determined by the committee.
10. Any lawyer who has lost one of the registration conditions stipulated shall be removed from the list.
Jurisdiction of Lawyers’ Affairs:
The Lawyers’ Affairs Committee, formed pursuant to Resolution No. 13 of 2011, specializes in:
• Registering and renewing the registration of foreign lawyers in the roster and removing them from it.
• Considering complaints submitted against foreign lawyers and taking necessary measures regarding them.
• Taking appropriate actions regarding the registration of foreign lawyers in the roster.
Registration in the Schedule:
Applications for registration in the table shall be submitted to the Chairman of the Committee on the form prepared for that purpose, accompanied by supporting documents. The Committee may request any clarifications or additional information if deemed necessary.
Committee Meetings and Decisions:
• The committee shall meet at the invitation of its chairman to consider submitted requests in the order received. Meetings are valid with at least five members, including the chairman or his deputy. Decisions require the approval of at least four members. Rejected applicants will be notified immediately and may submit a grievance within thirty days. Failure to respond within thirty days is considered a rejection. Rejected applicants may reapply after one year.
• Registration is for one year and must be renewed at least thirty days before expiration. Failure to renew within thirty days after expiration will result in cancellation from the roll.
• The Committee may decide not to approve the renewal of registration based on public interest or other reasons.
• The committee may authorize foreign lawyers to plead in a specific case before the Civil Family Court. In urgent cases, permission is issued by the head of the committee after payment of the service fee.
This decision significantly regulates the practice of foreign lawyers in Abu Dhabi’s Civil Family Courts by setting clear guidelines and stringent registration requirements. It aims to uphold high legal standards, ensuring only qualified lawyers represent litigants. The Lawyers’ Affairs Committee provides structured oversight, addressing issues and complaints promptly, supporting the fair resolution of civil family disputes.
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