Abu Dhabi Opens Its Doors to Foreign Lawyers: A brief analysis of the Landmark Resolution 

Posted On - 3 January, 2025 • By - Asif Rashid Abdul

The Abu Dhabi Judicial System has taken a groundbreaking step by granting foreign lawyers the opportunity to practice in its civil courts without restrictions. This milestone comes through a resolution passed by the Chairman of the Abu Dhabi Judicial Department, permitting non-Emirati lawyers to represent clients in the Abu Dhabi Civil Family Courts.  

Established in 2021, the Abu Dhabi Civil Family Court adjudicates all cases governed by the non-Sharia procedures. This significant move aims to harmonize the Emirate with international legal practices. By embracing such progress, the Abu Dhabi Emirate ensures that expatriates receive legal representation from professionals who are fluent in their language and understand their background and cultures, thereby promoting efficiency and access to justice. 

The new Chairman Resolution No. (21) of 2024, applies to the representation of litigants before the Abu Dhabi Civil Family Court in disputes related to the application of Law No. 14 of 2021 regarding the Civil Marriage Law and its effects in the Emirate of Abu Dhabi. 

A Register of the foreign lawyers will be maintained by the Judicial Department, having granted them the right of audience in the First Instance and Appeal Courts or the Cassation Courts. Each lawyer must be registered with the Roll of foreign lawyers accepted before the Abu Dhabi Civil Family Court.  

Conditions for registration: The lawyers are required to satisfy certain conditions to be considered eligible for registering their names in the Roll of Foreign lawyers. The conditions are as follows: 

  • English Language Proficiency: Proficiency in reading, speaking, and writing English. 
  • Good Conduct and Reputation: Good conduct and reputation, with no previous conviction for a felony or misdemeanor involving moral turpitude, even if the sentence has been expunged. 
  • Fitness for Duties: Fit to perform their duties to the fullest, provided that they are not less than 21 years old. 
  • Law degree: Holds an undergraduate degree in law or equivalent legal studies from a recognized university or college. 
  • Work experience: Previous work experience in law, legal consultations, or similar legal services for a period of no less than 15 years. A decision by the Undersecretary shall determine the similar legal work referred to in this clause. 
  • Professional Indemnity Insurance: Submission of a valid Professional Indemnity Insurance issued by an insurance company licensed to operate in the UAE, unless the lawyer’s liability is covered under the insurance policy of the firm he works for, according to the rules set by the committee. 
  • Legal Training: Successfully complete the legal training program prepared according to the regulations. 
  • Office in Abu Dhabi: Practice law through one of the law firms or legal consultancies licensed in the Emirate of Abu Dhabi. 
  • Additional Conditions: Any other additional conditions determined by the committee. 

The Lawyers Affairs Committee, established under a previous resolution No.13 of 2011, shall be responsible for the registrations and renewals, reviewing and addressing complaints, implementing of any regulatory measures, etc.  

Applications for registration to the Roll are to be submitted to the head of the Committee on the designated form, along with the supporting documents. Any lawyer who is not complying with the essential conditions shall be removed from the Roll.  

An applicant whose application has been rejected may submit grievance to the Committee head within 30 days from the date of such rejection. However, failure to respond to the grievance within 30 days from date of submission shall be considered a rejection of the grievance and shall be considered final. An applicant has the option to reapply after a minimum period of one year from such rejection.  

The registration, if accepted, shall be valid for a period of one year and can be renewed upon request. If he/she fails to submit renewal application within 30 days of expiration, the registration shall be cancelled. 

The Committee may also allow for Temporary Advocacy and authorize one or more lawyers who are citizens of a foreign country and practicing law therein, to plead in a specific case before the Abu Dhabi Civil Family Court. The regulations regarding the right of audience are yet to be issued. 

Overall, the decision to allow foreign lawyers to practice without restrictions in the civil courts marks a significant step towards international legal integration. As the Emirate continues on this progressive path, it sets a precedent for other jurisdictions to follow, ultimately contributing to a more harmonized and equitable global legal landscape. 

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