They resort to writing companies and commercial licenses in the names of wives or children
Lawyers demand to be allowed to conduct business from the "front door"
Advocacy and attend court sessions remotely.
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Lawyers called for lifting the ban on combining the legal profession with the practice of trade, stressing that some lawyers may resort to what they called "back doors" to achieve this goal, pointing to the possibility of circumventing the law by writing companies and commercial licenses in the names of wives, children, or others.
For its part, the Ministry of Justice affirmed that “it is not permissible to combine the practice of trade and the profession of attorney according to the law regulating the legal profession. .
Lawyers said that the legislator has legislative and professional wisdom in setting this condition, and it cannot be overlooked, which is to ensure that lawyers are free to practice their basic profession, and to prevent conflicts of interest from occurring, while others emphasized that modern technology imposed new concepts, including working remotely, and then lawyers can The practice of commerce remotely, without affecting their practice of their profession.
In detail, lawyer Ali Al-Mansoori demanded the cancellation of the article that prohibits lawyers from practicing any commercial activity, stressing that there is no conflict of interest between practicing the profession and practicing a commercial activity, explaining that this condition prohibited many lawyers from practicing commercial activity, contrary to what is allowed for many Among the owners of other professions, which forced some of them to write their companies and properties in the names of their wives, children, and brothers.
He noted that the UAE has assumed a global advanced position in the rule of law, and its leadership in updating legislation in line with the rapid changes and developments in social life, pointing out that it is important in this regard to introduce changes in the law on practicing the legal profession to allow lawyers to practice commercial activity similar to what is in force. In many countries, as long as this does not conflict with the duties assigned to the lawyer, and that he is not a party to any commercial dispute entrusted with pleading in it by one of the parties.
He pointed out that the attorney’s possession of a commercial license does not necessarily mean his failure to perform the duties of his job towards his clients, as his role can be limited to management and supervision, or delegating to one of those around or relatives in the administration.
For his part, the legal advisor, Youssef Al-Sharif, said that “Article 12 prohibits the combination of practicing the profession and practicing some other work, including working in trade, and transferring a lawyer who proves his work in trade to the list of non-employed, and Article 14 of the same law considered that a loss of one of the conditions. Practicing the profession entails delisting from the lawyers ’rolls, which is confirmed by the executive regulations of this law issued by Ministerial Resolution No. 972 of 2017 in Articles (24, 25).”
He added, "We know, understand and are well aware of the justification for developing these texts, but what we have witnessed in terms of technological development and virtual life that circumstances forced us to coexist with, imposed on us different concepts that are more sophisticated and modern."
Al-Sharif emphasized that working in commerce now does not need a dedication, as you can practice it while you are in your place, whether you are in your office, at home, or where you practice your personal hobby, or even anywhere else in the world, with just a click of a button and a screen through several communication programs, e-commerce has become a reality. Inevitably, the legal profession has also become electronic, as all legal work, including attending sessions and others, is done remotely and can be practiced from anywhere in the world.
Al-Sharif pointed out that the headquarters and halls of the courts are no longer a place to practice the profession, and law offices are no longer a necessary place, so you can meet your clients and employees through these programs, until the payment of court fees, lawyers' fees and all financial transactions are currently done through banking and banking technology, and you do not need to attend. To the court headquarters or to meet the lawyers' offices themselves.
He added that «there is no need to devote time to any specific work, as long as there is order, diligence, follow-up and commitment to the duties, assets, values and principles of each work, and the legal profession is not far from that, so we can practice the profession and practice trade and so on without any conflict or breach of the duties of our profession, especially since there are mechanisms and controls. Guarantees and guarantees this commitment and preserves the dignity, principles and principles of the profession, which we are very keen on and do not accept prejudice to any of them in any way and under any circumstances ».
He pointed out that there are provisions, whether in the law organizing the profession or its executive regulations, that entrench these concepts, including the requirement to attend a certain number of sessions to renew the annual registration or transfer the registration from one degree to another or from one table to another, and in the same context there is a maximum number of deputations. In every case, there is a guarantee of actually practicing law.
He explained that “what we are calling coincides with reality and blocks the behavior of practices from the back doors,” noting that “we cannot deny that even in light of the provisions of the ban, the lawyer can practice trade, for example, in the name of others so that he does not violate the law of his profession, but he actually violates it in a legal way. Or more precisely, by circumventing the law, which is a reality that must be dealt with and taken into consideration, ”calling for legislative amendment to keep pace with this modernity and the practical and technological reality.
For his part, Lawyer Ali Musabbah said that the lawyer is one of the free professions in which the lawyer is the one who defends individuals and companies according to the law and before the courts, indicating that there is a wide difference between the name of a trader or one who practices commercial business and a lawyer. In his name and for his account in commercial business, or anyone who announces to the public his place of foundations for commerce, and these definitions are stipulated by the rule of law, especially as they take different forms from the nature of commercial work. He is not practicing business by nature, but is a material contributor without appearing as a merchant, and he does not bear legal responsibility as long as he is not a manager in the company or authorized to conduct financial transactions. Therefore, there were several concepts that do not apply to a person being a partner, service agent, or shareholder only, as his role is It does not extend to the trade stage.
He explained that if the lawyer buys shares for mudarabah and is considered a shareholder, the name does not apply to him, and therefore there is no conflict between the legal profession and legal centers that do not show the character of a trader or a business, pointing out that there are some opinions confirming that the lawyer must take care of his legal work without being busy In other professions, in order not to fall short in the profession and engage in trade, but this saying is far from practical.
For its part, the Ministry of Justice stated on its website that the requirements and documents required to request the renewal of the registration of a working lawyer (the comprehensive form), are: a letter from the law firm (there is no objection to renewing the registration), the office license, a list of commercial licenses from the emirate from which the passport was issued, A pledge that there are no commercial licenses in any other emirate, a statement that he attended 25 cases during the year in which he was registered, a copy of the passport and the work contract between the lawyer and the law firm (in case he was not the owner of the office).
Law of Practice of Law
Article 12 of the Law on the Practice of the Profession of Law stipulates that it is not permissible to combine practicing the profession of law with the practice of any of the following actions:
Presidency or membership of the Council of Ministers.
Presidency of the Federal National Council.
Public or private position, except for UAE citizens of the law and Sharia faculty at the university.
Engage in commerce.
Virtual life
The legal advisor, Youssef Al-Sharif, stated that “the (Corona) pandemic was not only of negative effects, but it also had positive effects, including that it forced us all to lead a virtual life in many of our affairs and our affairs, so all works in their different fields and activities became remotely. And technology has become our way of life that can in no way be dispensed with even in the simplest matters, and we no longer have another choice, either to live reality or there is no life or transactions, and this reality is reflected in our perceptions of everything, and technology has become our indispensable means. "It is important to note that our perspective on the concept of full-time practice of the legal profession must be in line with what we have reached in terms of modernity and contemporaneity."
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