Emirati lawyers call for changes to new civil law regulations – News
Some lawyers see that the settlement, in some of its clauses, affects their interests and their affairs.
Many Emirati lawyers have raised concerns over an article of the settlement recently introduced into the UAE’s civil proceedings law, citing that it would cause them losses due to unfair competition.
Some lawyers see that the settlement, in some of its clauses, affects their interests and their affairs. The objection relates specifically to Article 26, which stipulates that a private company may designate one of its employees to be present on its behalf in court or in the registration / case management section.
UAE legal professionals have turned to Twitter, deeming the article unconstitutional and not in accordance with the law governing the exercise of this profession. Many lawyers have said Khaleej weather that they would file lawsuits and petitions seeking to quash the section of the settlement that affects their business and interests, as they claim.
Emirati lawyer Dr Habib Al Mulla asserted that the recent amendment is unconstitutional. “A law, which emanates from the President, can only be modified by another law and not by a regulation.
“Lawsuits will be brought before the administrative tribunal to request a review of the new regulation in general and the annulment of the section in particular,” said Dr Al Mulla. Khaleej Times.
According to him, the recent change would largely affect the activities of small emerging advocacy and legal consultancy firms, as they would lose a significant portion of their clients.
Dr Al Mulla believes that “the employee” – as stipulated in Article 26 – who would appear before the judge on behalf of a private legal person in civil and commercial proceedings, will not be familiar with the routine procedures. and professional technicalities, of which lawyers have become well aware, thanks to long years of practice. A PRO or a manager, who would represent a company in court, would not take into account the rights of the client with as much delicacy and professionalism as a lawyer would. They would also waste the judge’s time. According to Dr Al Mulla, this would shake up the market on several levels.
For legal services made available by external branches of Dubai courts like Al Adheed, Dr Al Mulla cited a major problem. “There is no legal framework or legal criteria that organize the working mechanism in such offices. There would certainly be a conflict of interest if their services were requested by rival parties to a case.
“Our job is essentially to protect the confidentiality of files and respect for the privacy of our clients’ business. However, a typist at these agencies, whose only concern would be to record and manage records, might ignore these broad principles when busy processing the flow of transactions. Specific details that could affect the best interests of the client would be ignored. “
Emirati lawyer Dr Hawra Moosa, a specialist in criminal law, said Khaleej weather that some lawyers would sue to seek the quashing of section 26. “Under the new ordinance, because a company can send any member of its staff to represent it in court, companies private companies would choose not to renew their contracts with law firms.
“As lawyers, we have huge financial costs, including rent, office necessities and salaries. If the settlement continues as such, more than half of legal advice offices will be closed.”
As for the offices of Al Adheed and On Time which offer legal services under the aegis of the Dubai courts, she said: “They say they are targeting workers, low income groups and people who have no cannot afford a lawyer. However, any client can request their services for the registration and management of cases, there is no sorting process, therefore no selection criteria, it targets all clients possible.
“The on-time offices register the case electronically in seconds. We can’t even do it. They have their own facilities and special charges,” she said.
Emirati lawyer Ahmed Al Amiri said: “Many companies and corporations have contracts with law firms. Under the new regulations, companies can ask a PRO or any member of staff to act on their behalf in court. It is therefore very likely that many of these contracts will not be renewed. In the new amendment introduced, many companies might not need the services of Emirati lawyers. “
For example, Al Amiri said, a company has a contract of one million dirhams with a law firm for legal representation in court. “After the new regulations, a PRO, who has not even studied law, can replace the lawyer and that PRO can appear in person in court and submit written legal arguments. This would affect the interests of local lawyers.” , he explained.
Another major “competition” lawyers face is that of Al Adheed branches that offer legal services, much the same as those provided by lawyers, Al Amiri said.
Why lawyers oppose regulatory changes
According to some Emirati lawyers, the new regulations of the Civil Procedure Code are causing unfair competition. Article 26 of the regulation provides that a private company can appoint one of its employees to be present on its behalf before the court or at the registration / case management section. They say that after the new regulations, a PRO, who has not even studied law, can replace the lawyer and the PRO can appear in person in court and submit written legal arguments. This would affect the interests of local lawyers.