A landmark ruling means that non-Emirati lawyers will now be able to represent clients in the Abu Dhabi Civil Family Court.
Previously, only Emirati lawyers could operate in the country's courtrooms.
This new ruling only applies at the new civil family court at the Abu Dhabi Judicial Department.
The Abu Dhabi Civil Family Court was established in 2021 to hear all cases governed under a non-Sharia process.
The dedicated family court opened with the aim of bringing the emirate into line with international legal practices.
“Abu Dhabi has taken a historical step by allowing foreign lawyers to practice in its civil family courts without restrictions – a first-ever in the region,” Hesham Rafei, an arbitrator and UAE legal expert, told The National.
“By welcoming international lawyers, Abu Dhabi ensures that expatriates are represented by lawyers who speak their language and understand their backgrounds and cultures, in particular, that the civil family court is an English speaking court as well.
“It makes sense to allow foreign lawyers to represent foreign clients in order to make the legal process and access to justice more straightforward and effective.”
The move will also help attract the best international talent to work in the UAE, which will in turn have a positive impact on local talent, he added.
“This will also have a great impact on local lawyers as they will have the opportunity to get trained in international law firms and it will attract more best talents to come and live in Abu Dhabi,” said Mr Rafei.
The new law has also led to the creation of a special register at ADJD for foreign lawyers.
To qualify for registration, foreign lawyers must meet several criteria. They must demonstrate proficiency in English, both written and spoken, and maintain a clean criminal record with no convictions for serious offences.
Additionally, applicants must be physically and mentally fit to perform their duties.
A law degree from a recognised institution is mandatory, along with a minimum of 15 years of legal experience, among other conditions.
“The enactment [of Law Number 21 of 2024] is a groundbreaking and progressive step by the UAE government, formalising the inclusion of foreign lawyers in the court for the first time,” said Byron James, partner at Abu Dhabi law firm Expatriate Law.
“This landmark legislation not only validates the efforts of practitioners like myself who have been fortunate enough to work here under special permissions, but it also opens the door for a diverse pool of international legal expertise to contribute to the UAE’s legal system.
“This move signifies the UAE’s commitment to embracing global perspectives and enhancing the quality of justice delivered within its courts.”
The integration of foreign lawyers will bring varied legal insights and experiences, which can only serve to benefit the families and individuals seeking justice, added Mr James.
“I am optimistic that this initiative will foster greater collaboration, innovation, and excellence within the legal community,” he said.
The resolution is part of an expansive overhaul of the Abu Dhabi judicial system that includes an Abu Dhabi English notary bureau, the launch of a bilingual court and foreigners being able to get married at the Abu Dhabi Court in a civil ceremony.
“This progressive move enhances the Abu Dhabi's judicial system by promoting inclusivity and acknowledging the multicultural nature of UAE society by providing expatriates with increased options,” said Dipali Maldonado, head of private client services with law firm Al Tamimi and Company.
“Expats may now choose to be represented in court by their appointed legal counsel who has set the legal strategy from the outset, developed a deep understanding of the facts of the case and has advised the client from the outset; and moreover who speaks the same language as the client at court.
“Having a wider choice of advocates, to include both local and foreign lawyers, can only serve to empower clients who are often going through a stressful point in their personal lives culminating in legal proceedings before the Abu Dhabi Civil Family Court.”
