Al-Emarat Al-Youm has monitored the use of social media by lawyers and legal consultants to promote and advertise their work, in addition to publishing inaccurate legal information.
The Ministry of Justice and the Dubai Government Legal Affairs Department called on lawyers to be accurate in the legal information they publish on social media, and not to use these platforms for advertising and promoting their work in a manner that is inconsistent with the traditions of the legal profession.
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Action against violators The Director of the Lawyers and Translators Department at the Ministry of Justice, Counselor Sarah Hazeem Al Shamsi, pointed out that Ministerial Resolution No. 666 of 2015 issued by the Minister of Justice, regarding the rules of professional conduct and ethics of the legal profession in the country, obliges the lawyer, in the event of his self-advocacy, to adhere to the controls contained in the law, which falls within the rules of professional conduct and ethics of the legal profession. She added that the Ministry’s Lawyers Affairs Department is keen to implement the law by monitoring everything that violates it, or following up on any complaint about a professional violation, including lawyers’ advertisements. She explained that the procedure taken by the department is to verify the violation, hear the lawyer, and then refer him to the Lawyers’ Admission Committee, which has the right to refer him to the Public Prosecution due to the seriousness of the violation, such as using the state’s logo to advertise themselves, as this is a clear violation of the law. Article (37) Lawyer Mohammed Ali Al Hammadi stated that Article (37) of the Law Regulating the Legal Profession made the announcement conditional on agreement with the traditions of the profession, and the executive regulations of the same law specified how the lawyer announces himself, which is to be on his desk, and the papers related to practicing his profession such as business cards or through readable media (such as newspapers and magazines), and to mention his name, degree and specialization in the degrees of the courts before which he practices the profession (primary and appeal only upon his registration, and he is licensed to plead before the Federal Supreme Court after five years of his registration), all in accordance with the traditions of the profession. Not a phenomenon The Director of the Lawyers and Translators Department at the Ministry of Justice, Counselor Sarah Hazeem Al Shamsi, said, “The number of lawyers who violate the law regarding advertising themselves is small and not a phenomenon, compared to their number and what happens in other countries. This is due to the commitment of most lawyers to the law, as they are its people and the second party to achieving justice, based on the fact that they are a (standing) judiciary that seeks to uncover the truth and achieve justice.” |
The Ministry of Justice confirmed that it will not hesitate to impose penalties on lawyers who violate the law regarding advertisements.
Lawyers called for amending Federal Law No. (23) of 1991 regulating the legal profession and its amendments to be in line with technological developments in advertising, noting the need to set controls that specify what is prohibited for lawyers in relation to advertising, in case anyone interprets it according to his understanding.
In detail, “Emirates Today” monitored violations committed by lawyers and legal consultants through the use of social media sites to promote their work, in addition to publishing inaccurate legal information and advertisements “offensive to the profession.”
Among these violations is a Facebook page offering free legal advice in exchange for leaving a comment with a contact phone number.
The page contains a mobile number, an email address, and a motivational title: “Two people you should never lie to when describing your condition: your lawyer and your doctor.”
Another violation was posted on Facebook, announcing the presence of a legal advisor with 15 years of experience in writing judicial memoranda, and attaching a contact phone number at the end of the advertisement.
Another lawyer advertises on Facebook, offering legal services by simply calling him.
A wide controversy was raised after a lawyer published a law on Instagram stating that a wife would be punished with three months in prison if she searched her husband’s phone without his knowledge. He attached his name and phone number to the advertisement. Lawyers and legal advisors considered what he published to be false.
decent way
Director General of the Dubai Government Legal Affairs Department, Dr. Louay Belhoul, said that the law requires that a lawyer announce himself in a proper manner that does not violate current legislation or professional traditions. Belhoul added that lawyers are keen to use social media to spread legal awareness, but they must be accurate in what they publish.
Lawyer Alert
The Director of the Lawyers and Translators Department at the Ministry of Justice, Counselor Sarah Hazeem Al Shamsi, confirmed that “the Ministry does not hesitate to punish lawyers who violate the law.” She said that the Lawyers Admission Committee recently took a decision to warn a lawyer who violated the law by promoting his office, noting that the penalties in this regard vary according to the seriousness of the violation committed, and may reach referral to the Lawyers Disciplinary Board, after presenting it to the Public Prosecution, and imposing disciplinary penalties in accordance with the law.
Al Shamsi explained that “advertisements are considered legal, as long as they do not conflict with what is regulated by Federal Law No. 23 of 1991 regarding the regulation of the legal profession, which is clear and explicit, as it regulates the mechanism of lawyers’ advertisements about themselves, through controls represented by the advertisement being consistent with the traditions of the profession, and without resorting to the use of means of advertising or enticement, by using intermediaries, and the executive regulations of the law specified the means of advertising.”
abuse of the profession
Lawyer Mohammed Ali Al Hammadi said that some of the advertisements published by some lawyers on social media sites are “offensive to the profession” and do not conform to the traditions of the legal profession, pointing out that most of these practices involve publishing information that is usually false, and their only goal is to attract attention and spread the information among members of society.
He added: “Every lawyer who has his own personal or office websites must respect the traditions of the profession and not publish anything that might provoke followers. He must only provide correct legal information that contributes to increasing awareness among followers. Followers must also be aware that not everything published is correct.”
Al Hammadi added, “Some print media outlets are spreading this false information, the main purpose of which is propaganda and advertising.”
He said: “With the tremendous technological development that we are currently witnessing, the smartphone and social media have become an integral part of any person or business. We note that the law issued in 1991 did not even address advertising via the website, while there is no law firm in the country that does not have its own website, not to mention the smart programs that some offices have, in line with the technological development in the country. Is this considered an advertisement that violates the law or violates the traditions of the profession?”
He continued: “The law in general needs to be amended in this regard, as law firms are no longer limited to criminal cases, marriage and divorce, in which a lawyer is not resorted to until after the incident. Law firms now provide services and consultations in various fields to individuals and companies (contracts, trademark registration, intellectual property registration, patents, etc.), which prevents the interested party from entering into disputes and lawsuits, which contributes to reducing the burden on the state in general and the judiciary in particular. Next, how can you develop a culture of hiring a lawyer, or how will you reach the intended segment without there being advertisements, provided that they are consistent with the traditions of the profession, as is the case in some Western countries.”
In addition, lawyer Ali Musabah said that there are two types of lawyers’ use of social media sites. The first type is to spread legal awareness in a correct and concise manner with the aim of raising community awareness, while publishing the name correctly and the job title, without contact numbers. This type is considered a legal platform that benefits a large segment of people in society. As for the second type, some lawyers use it to spread the good and the bad, without verifying the legal information. Rather, it is misleading information for those who read it and is accompanied by publishing the job title. This type is not legally licensed by the competent authorities.
He added: “There are cases of people who identify themselves as lawyers, but in reality they are just legal reviewers or researchers. The problem does not stop there, but they publish legal services on the legal communication network in a broad manner, which is misleading to recipients and harms the reputation of the legal profession, especially in cases where some of them announce the possibility of answering followers’ questions around the clock, or who announce that they are a lawyer specializing in personal status cases or immigration laws, and in fact it is not known who answers these questions, and how accurate these answers are.”
Musbah continued: “All of this is against the law, and it harms lawyers and the legal profession in general.
He called on the concerned authorities to monitor the conduct of the profession, and to address the competent authorities to block accounts used by people claiming to be lawyers, to prevent defrauding members of society, and to refer anyone impersonating a lawyer to the Public Prosecution on charges of fraud.
In turn, lawyer Ibrahim Al Hosani called for amending Federal Law No. (23) of 1991, regarding the regulation of the legal profession, as it does not keep pace with the development in the state, the judiciary and the profession, pointing out the need to establish controls that specify what is prohibited for lawyers, with regard to advertising, in case anyone interprets it according to his understanding.
