Lawyers demanded to lift the ban imposed on combining the legal profession and the practice of trade, stressing that some lawyers may resort to what they called “back doors” to achieve this goal, noting that the law can circumvent by writing companies and commercial licenses with 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 with the legal profession in accordance with the law of organizing the legal profession, as the lawyer’s work in a field of trade is not permissible to practice the legal profession throughout his work period for this work, and transfer him to the table of non -working lawyers.” .
Legal said that the legislator has a legislative and professional wisdom in setting this condition, and it cannot be overlooked, which is the keenness to empty lawyers to practice their basic profession, and to prevent conflicts of interests, while others stressed that modern technology imposed new concepts, including work from distance, and then the lawyers can Practicing trade remotely, without affecting their practice of their profession.
In detail, the lawyer Ali Al -Mansouri called for the abolition of the article that prevents lawyers from practicing any commercial activity, stressing that there is no conflict in the interests between practicing the profession and practicing a commercial activity, explaining that this condition is forbidden by many lawyers to practice commercial activity, unlike what is permitted to many Among the other professions, which forced some of them to write their companies and their properties in the names of their wives, children and brothers.
The UAE’s assumption of a global advanced center in the rule of law, and its leadership in modernizing the legislation to keep pace with the rapid changes and developments in social life, pointing out that it is important in this context, making changes in the law of practicing the legal profession in order to allow lawyers to practice commercial activity similar to what is done It is in many countries, as long as this does not contradict the tasks assigned to the lawyer, and that he is not a party to any commercial dispute entrusted with pleading from one of the parties.
He pointed out that the lawyer possesses a commercial license, does not necessarily mean his failure to perform his job tasks towards his clients, as his role can be limited to administration and supervision, or the power of attorney one of those around or relatives in the administration.
For his part, Legal Adviser, Youssef Al -Sharif, said that “Article 12 prohibits the combination of practicing the profession and the practice of some other works, including working in trade, and the transfer of the lawyer who proves his work to trade to the schedule of non -employed, and Article 14 of the same law was considered a loss of one of the conditions Practicing the profession entails deletion from the tables of lawyers, which was 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 mourning well in the development of these texts, but the technological development and virtual life that we have experienced forced by circumstances to coexist with them, imposed on us various more sophisticated and modern concepts.”
Al -Sharif emphasized that working in trade now does not need emptiness, as you can practice it while you are in your place, whether you are in your office, your home, the place of your practice of your personal hobby, or even anywhere else in the world, as soon as a button and screen pressed through several communication programs, the e -commerce has become a reality Inevitably, the lawyer has become electronic, as all the laws of the law is from the presence of sessions and others, and it can be practiced from anywhere in the world.
Al -Sharif pointed out that the headquarters of the courts and its halls are no longer a place to practice the profession, as well as the law firms are no longer necessary, so you can meet clients and your employees through these programs, until the payment of court fees and the fees of lawyers and financial transactions is currently done through banking and banking technological means, and you do not need to attend For court headquarters or meet the offices of the lawyers themselves.
He continued, “There was no need to devote himself to any specific work, as long as there is a system, eagerness, follow -up and commitment to the duties of all work, its origins, values and principles, and the law is not far from that, so we can practice the profession and practice trade and others without any contradiction or breach of the duties of our profession, especially since there are mechanisms and controls It guarantees and guarantees this commitment and preserves the profession with its dignity, principles and origins, which we are keen on with all care and do not accept prejudice to any of them in any case and under any circumstances.
He pointed out that there are texts, whether in the law regulating the profession or its executive regulations. Each case is a guarantee of actually practicing law. He explained that “what we call for keeping pace with the reality and filling the behavior of practices from the back doors,” noting that “we cannot deny that even in light of the texts of the ban can the lawyer can practice trade, for example, in the name of others so that it is not contrary to the law of his profession, but it really contradicts him in a legal way Or more accurately by circumventing the law, which is a reality that must be dealt with and placed into consideration, ”calling for a legislative amendment that accompanies this modernity and practical and technological reality.
For his part, the lawyer Ali Musabeh said that the law is one of the free professions according to which the lawyer is the one who defends individuals and companies under the law and in front of the court In his name and his account in business or everyone who declared the public about a place for trade and these definitions stipulated by the rule of law, especially as they take different forms of the nature of commercial work, while the law of the law is completely different from the nature of the merchant, and it is not considered a merchant who was a partner with money without practicing commercial work because it is because it is He did not practice work by nature, but rather he is financially contributing without appearing in the appearance of the merchant, and does not bear the legal responsibility as long as he was not a manager in the company or authorized by financial actions, so there were several concepts that do not apply to the fact that the person is a partner, a service agent or a shareholder only, as his role is It does not exceed the trade stage.
He explained that if the lawyer bought shares for speculation and considered a shareholder that does not apply to the name, and therefore the conflict does not lie between the legal profession and the legal centers that do not appear to him the trader’s status or business, pointing out that there are some opinions that confirm that the lawyer must care about his legal work without being busy In other occupations, so that it does not shorten the profession and is busy in trade, but this saying is far from practical reality. For its part, the Ministry of Justice stated through its website that the requirements and documents required to request the renewal of the employee’s employee (the comprehensive form) are: a message from the law firm (there is no objection to renewing the registration), the office license, the commercial licenses of the emirate issued by the passport, He pledged that there were no commercial licenses in any other emirate, who revealed the attendance of 25 cases during the year in which he was restricted, a copy of the passport and the work contract between the lawyer and the law firm (if the office owner was not).
Law of practicing law
Article 12 of the law of practicing the legal profession stipulates that it is not permissible to combine the practice of the legal profession with the practice of any of the following work:
Presidency of the Council of Ministers or its membership.
Presidency of the Federal National Council.
-The public or private job, with the exception of members of the teaching staff of the law and law at the university from the citizens of the state.
-Working in trade.
Virtual life
Legal Adviser, Youssef Al -Sharif, stated that “the“ Corona ”pandemic was not only negative effects, but it had the positives of what it has, and from that it forced us all to a virtual life in many of our affairs and affairs, and all the works became different from its fields and activities from the distance And technology has become a means of our lives that cannot be dispensed with even in the simplest matters, and we no longer have another option, either we live in reality or there is no life or transactions, and this reality was reflected on our concepts of everything, and technology has become our unnecessary means About anything, and therefore we must be our perspective of the concept of devotion to practice the legal profession in keeping with the modernity and contemporary we have reached.
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