Article (13)
Obligations of the Lawyer
1. The Lawyer-Client Relationship:
a. The Lawyer shall not initiate any action, measure, representation, or claim on behalf of
the Client except based on prior and explicit instructions. In cases where the Lawyer
acts on behalf of another Lawyer, they shall request access to the instructions received
by the original Lawyer from the Client and ensure that they align with the directives
given to the proxy Lawyer.
b. The Lawyer shall perform the instructions received from the Client in an ethical and
professional manner, and shall remain obligated to keep the Client informed of the
outcomes of implementing such instructions.
c. The Lawyer shall exercise due care and diligence in handling the work and actions
entrusted thereto by the Client, ensuring that the Client’s instructions are implemented
within appropriate timeframes. It shall also maintain reasonable availability for
communication with the Client and respond to the Client’s inquiries and
correspondence in a timely manner.
d. The Lawyer shall refrain from any conduct that may mislead the Client on any legal
proceedings in which it represents or acts on behalf of the Client. They shall not make
promises they know in advance that they cannot be fulfilled. Additionally, they shall
avoid submitting applications that would unnecessarily prolong the dispute, or
performing any conduct that would unjustifiably prejudice, offend, or disrespect the
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opposing party or its Lawyer or witnesses beyond what is required for the proper
exercise of the right to defense.
e. The Lawyer shall be prohibited from exploiting unlawful means to solicit Clients,
including offering inducements, implying any influence, or asserting a real or
perceived affiliation with any entity. The Lawyer shall also be prohibited from
engaging intermediaries, whether paid or not, or initiating unsolicited contact with
litigants, prisoners, or detainees on its own initiative. Furthermore, the Lawyer shall
neither share its fees nor assign them in favor of third parties.
f. The Lawyer shall not accept any assignment or instructions from the Client that fall
outside the scope of its knowledge, expertise, or prior experience, and it shall duly
inform the Client of such limitations. However, it may proceed with the assignment if
the Client insists, provided that the Client consents to the Lawyer seeking the
assistance of a specialized Lawyer in respect of the instructions or materials subject to
the assignment.
g. The Lawyer shall not step down from representation or refuse to continue to perform
their duties connected with the representation of its Client if such resignation or
withdrawal would result in immediate and imminent harm to the Client’s interests.
h. The Lawyer shall always advise its Client on the most direct and cost-effective means
to obtain its rights and encourage the Client to consider alternative dispute resolution
mechanisms before resorting to litigation.
i. The Lawyer shall inform the Client of the availability of legal assistance granted by any
court whenever the Client meets the eligibility criteria.
j. The Lawyer shall promptly inform the Client of any funds received or collected on its
behalf in its capacity as the Client’s representative. The Lawyer shall be required to
safeguard these funds and shall not dispose of them until they are duly delivered to
the Client, unless the Lawyer has a lawful right to retain them in accordance with
applicable laws.
k. The Lawyer shall comply with the procedural rules and formal requirements, ensuring
that statement of claims, appeals, grievances, applications, and petitions are submitted
within the legally prescribed time limits.
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2. Fees and Charges:
a. The final amount of fees chargeable from the Client shall not materially deviate from
the initially agreed estimate, unless there is a change in the scope of legal services. In
such a case, the Client shall be notified in writing of the change and the resulting
impact on the fee assessment.
b. When determining the fees, the Lawyer or firm shall take into account the following
factors:
1. The Lawyer’s or firm’s professional experience and skills in respect of performance
of its duties.
2. The time and effort required and exerted in respect of providing legal services.
3. The fees permitted under any applicable legislation, if any.
4. The nature of the case and the number of litigants involved.
c. In all the aforementioned cases, the Lawyer shall have the right to request the Client to
pay the legal fees and expenses, as well as any agreed-upon minimum fee, in advance.
The Lawyer may also refuse to proceed with the assignment entrusted thereto by the
Client if the latter fails to pay the legal fees, expenses, or the advance fee within five
(5) days from the date of receiving a written payment notice. The legal services
agreement shall, to the extent possible, include a payment schedule outlining the
deadlines for fee payments if the Lawyer and the Client agree to an installment-based
payment arrangement.
3. Client's Funds and Records:
a. The Lawyer shall maintain a dedicated record for each Client, whether in paper or
electronic form, in which all documents related to the Client and its cases shall be
securely registered. The Lawyer shall enable the Client to have access to such record
and documents attached thereto at any time.
b. The Lawyer may open a separate account designated for depositing funds collected on
behalf of all Clients, which shall be independent of both the Lawyer’s personal
accounts and the firm’s accounts. The Lawyer shall promptly transfer to the Client any
funds deposited in such an account upon the latter’s request, accompanied by a formal
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and detailed account statement, provided that the Client is not in default of any fees
or expenses due to the Lawyer for legal services rendered in its name or for its benefit.
c. The Lawyer shall not, whether directly, under a pseudonym, or through a proxy granted
thereby to a third party, acquire any funds belonging to a Client that are the subject of
a legal dispute, judicial liquidation, or an open auction sale.
d. The Lawyer shall procure professional liability insurance to cover errors made in good
faith in the course of their professional practice vis-à-vis the Client.
4. The Relationship Between the Lawyer and the Judiciary:
a. The Lawyer shall show utmost respect for, and act in cooperation with, the judiciary,
recognizing it as a cornerstone of justice.
b. The Lawyer shall comply with all orders and directives issued by courts, public
prosecutions, and judicial bodies with integrity, professionalism, and transparency.
c. The Lawyer shall comply with all procedural deadlines set by the court in the execution
of their professional duties and shall not seek extensions except for justifiable reasons,
duly communicated to the court in advance.
d. The Lawyer shall refrain from presenting false or misleading information to the court,
nor may they make any conduct that may unduly delay proceedings, mislead the court,
or divert the court’s attention from the substantive issues of the dispute.
e. The Lawyer shall be prohibited from commenting on cases that are still pending before
the judiciary and have yet to be adjudicated, regardless of whether such cases are
assigned to it or to other Lawyers. They are also prohibited from providing statements
to the media or disseminating information via social media that may disclose the
identity of victims or witnesses, or any details that could subject them to defamation
or compromise their personal interests, unless the disclosure of such information has
been expressly authorized by the competent judicial authorities.
f. The Lawyer shall always maintain a balance between the interests of its Client and its
duty to respect and cooperate with the judiciary. This balance requires the Lawyer to
notify the court with a high degree of transparency regarding its client’s interests,
including any potential impact resulting from judicial measures or requests in the
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course of the dispute. The Lawyer may seek to amend such measures or requests,
provided that any modification is appropriate and consistent with the provisions of
the legislation in force within the State.
g. The Lawyer shall comply with all administrative procedures implemented by any court
within its jurisdiction, particularly regarding hearing schedules, methods of
appearance, and the submission of statements and memoranda.
h. The Lawyer shall accept any assignment or delegation designated by the court to
represent a person in need of legal assistance. They may only decline such an
assignment if it would conflict with the interests of an existing client or for other
justifiable reasons accepted by the court. in such cases, they shall submit a written
notice of decline to the issuing court not later than (7) seven days from the date of
being informed of the assignment decision, clearly stating the reasons for the decline.
i. Lawyers and firms are encouraged to allocate part of their professional efforts to
providing
pro bono legal assistance to those in need.
j. The Lawyer shall be required to fully cooperate with all judicial assistants, including
experts, interpreters, case management office employees, and administrative staff of
all categories. The Lawyer shall ensure the prompt and honest provision of any
requested documents.
5. The Lawyer’s Relationship with Colleagues:
The Lawyer shall cooperate with their colleagues in pursuit of justice. This cooperation shall
include, but not limited to, the following:
a. Seeking amicable conciliation between the adversary clients whenever possible.
b. Avoiding the imposition of unnecessary expenses on the opposing Lawyer and its
Client beyond what is required to serve the interests of the Lawyer’s own Client.
c. Providing accurate and reliable information and documents, free from any defects.
d. Ensuring that both oral and written communication is conducted with respect and
integrity.
e. Refraining from direct communication with the Client’s opponents without the
knowledge of their Lawyer. The Lawyer may offer legal advice to a colleague upon
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request, provided it does not conflict with the interests of any of its own Clients. The
Lawyer is entitled to fees for such advice unless an agreement between them states it
is free of charge.
f. In the course of the Lawyer’s relationship with its colleagues, it shall maintain the
confidentiality of all information related to the Client, unless disclosure of information
is of definite benefit to the Client or is based on the Client’s explicit consent.
g. The Lawyer shall treat colleagues with politeness and respect and shall refrain from any
behavior involving threats, coercion, harassment, or any act that violates public order,
public morals, or UAE traditions.
h. The Lawyer shall not make statements about a colleague, present it, or attribute to it
anything that may diminish their professional standing or cast doubt on its
competence and legal knowledge, whether in the presence of Clients or third parties.
i. A newly practicing Lawyer shall demonstrate due respect and professional courtesy
toward more senior colleagues.
j. The Lawyer shall be responsible for training trainee Lawyers within its Law Firm,
treating them as colleagues, mentoring them, providing them with guidance, and
educating them on the traditions and nuances of the legal profession.