Many people use the words 'lawyer', 'advocate' and 'legal consultant' as if they mean the same thing. In the UAE they do not, and the difference matters when your matter may reach court.
Advocates plead; consultants advise
The UAE law regulating the advocacy and legal consultancy professions distinguishes between the two. Advocates are registered to appear before the courts and represent clients in hearings. Legal consultants give legal advice and draft documents, but do not plead before the onshore courts.
Registration is court-specific
An advocate's right of audience depends on where and at which level they are registered. Registration can be with the federal Ministry of Justice or with the judicial authority of an individual emirate, and it is granted by level — First Instance, Appeal and, after further experience, Cassation. An advocate registered in one jurisdiction is not automatically entitled to plead in another.
Why it matters to you
- If your dispute may go to court, instructing an advocate from the start means the person who advises you can also represent you.
- If your matter needs a court where your advocate is not registered, they should tell you before you engage them and explain how that will be handled.
- Advice and representation should both be covered in a written engagement letter.
Questions to ask before you instruct anyone
- Are you a registered advocate, and before which courts and levels?
- Who will personally handle my matter and attend the hearings?
- What will the engagement letter cover, and how are fees and expenses calculated?
- How and how often will you update me?
A good advocate answers these questions openly. Our founder is a registered advocate before the federal courts and the Ras Al Khaimah courts at First Instance and Appeal, and we tell clients at the outset when a matter needs a different forum.