Lawyers need to keep pace with changing legal system



From 1970 until 1990, the UAE's legal environment was still young and under constant development, involving mainly Arabic-speaking lawyers from neighbouring countries and few nationals licensed by the Rulers Courts. A couple of reputable international law firms licensed as legal consultancy firms existed in Dubai and Abu Dhabi.

As the economy boomed, many Emiratis were drawn to the opportunities offered in the practice of law, joining a pool of lawyers licensed to appear before the federal and emirates' courts. Since then there has been a major regulatory shift, starting in 1991 with Law 23, which governs the profession.

In early 2000, the complexities of different legal systems, competing markets and international business practices led to the establishment of a completely independent judicial system set up by the Dubai International Financial Centre Authority.

While the increase in the number of legal services providers and the diversity of legal fields have enabled UAE legal expertise to flourish, the practice of law itself has not undergone significant change. There has been little progress in how lawyers serve their clients or how talent is developed. Legal practitioners and the regulatory and licensing authorities have forged few links of communication with each other.

The disconnect between the legal practitioners and the legislature has been quite vivid. The result is obviously detrimental for both, since the lack of communication has kept practitioners in the dark on legislative and regulatory developments; in turn, the legislature is unaware of the opinion and feedback of practitioners. The challenge for all legal practitioners in the UAE, Emiratis and expatriates, is that they are not organised under any umbrella group which would bring them together to discuss, debate and network.

Legal reforms and the future of the legal profession are being seen in a new light. In November, Dubai will host the International Bar Association (IBA) 2011 Annual Conference and a recent meeting introduced the upcoming event. In my three years of practice as a lawyer, and throughout the many years I have been part of the legal practice, I have not seen so many regulatory authorities and lawyers sit down together.

About 4,000 lawyers from around the world are expected to attend the week-long conference. Although there has been no formal agreement announced between the IBA and regulatory authorities, it is expected that the legal profession in the UAE will benefit.

The first signs of the change to come were clear as the profession's two regulators shared their plans with the lawyers attending the introductory meeting. The Dubai Legal Affairs Department announced plans to introduce a training programme for lawyers as a precondition to renewing their licenses; the Ministry of Justice announced further amendments to the 1991 law governing the legal profession, obliging lawyers to take professional indemnity insurance and introducing a code of ethics. More legislation is also in the pipeline.

The strongest message conveyed was that the existing legislation concerning the legal profession was not sufficient. But is it true that the lack of legislation is the real problem? Or is it the lack of communication between practitioners themselves on one hand and with the authorities on the other?

Two UAE lawyers' associations are the Jurists Association in Sharjah and the Dubai Chamber of Commerce's legal business group. While the Jurists Association has not always brought practitioners together, the Chamber group has been dissolved, although new members are trying to reformulate it.

And communication between lawyers and regulators is undefined. Some lawyers are consulted by authorities on potential new laws, but most are not aware of these developments until the laws are passed.

Just recently, the case of an Emirati lawyer who has been accused of embezzling his client's money has cast a bad light on the reputation of the profession and practitioners. Efforts to protect the integrity of the profession have to be coordinated between lawyers and the regulators. Already ethical rules are being discussed to regulate the profession.

This is where I believe the IBA can play a vital role. The association is capable of supporting professionals through training and introducing rules of professional conduct. Lawyers need to network with colleagues who share their interests and concerns. To stay abreast of the latest developments in the law, they have to engage with legislative authorities.

The only way to do that is by being part of a lawyers' group or council where professionals have an opportunity to play a role in developing and enacting public policy that furthers the interests of justice, promotes the legal profession and strengthens the rule of law. The IBA can lay the foundation of such a coordination and assist the lawyers in forming it.

As guardians of the law, lawyers play a vital role in the preservation of societies. The fulfilment of this role requires an understanding by lawyers and regulators of their relationship with and function in the legal system. In fulfilling professional responsibilities, a lawyer necessarily performs many difficult tasks. Not every situation can be foreseen, but fundamental ethical principles should always be present for guidance and disciplinary rules should be implemented when necessary.

No code of principles can cover all situations that may arise and, accordingly, no disciplinary provisions can cover all situations. The loss of respect and confidence is the ultimate sanction. So long as lawyers are guided by their passion for justice, the law will continue to be a noble profession. This is its greatness and its strength, which permits no compromise.

Diana Hamade is an Emirati lawyer and legal consultant. She is the founder of International Advocate Legal Services in Dubai

The specs

Engine: 2-litre 4-cylinder and 3.6-litre 6-cylinder

Power: 220 and 280 horsepower

Torque: 350 and 360Nm

Transmission: eight-speed automatic

Price: from Dh136,521 VAT and Dh166,464 VAT 

On sale: now

AWARDS
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Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone

Rating: 3/5

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Starring: Nayanthara, Vignesh Shivan, Radhika Sarathkumar, Nagarjuna Akkineni

Director: Amith Krishnan

Rating: 3.5/5

Mercedes-AMG GT 63 S E Performance: the specs

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Power: 843hp at N/A rpm

Torque: 1470Nm N/A rpm

Transmission: 9-speed auto

Fuel consumption: 8.6L/100km

On sale: October to December

Price: From Dh875,000 (estimate)

COMPANY PROFILE

Name: Qyubic
Started: October 2023
Founder: Namrata Raina
Based: Dubai
Sector: E-commerce
Current number of staff: 10
Investment stage: Pre-seed
Initial investment: Undisclosed 

COMPANY PROFILE
Name: HyperSpace
 
Started: 2020
 
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
 
Based: Dubai, UAE
 
Sector: Entertainment 
 
Number of staff: 210 
 
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
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Eoin Morgan (capt), Moeen Ali, Jofra Archer, Jonny Bairstow, Jos Buttler (wkt), Tom Curran, Liam Dawson, Liam Plunkett, Adil Rashid, Joe Root, Jason Roy, Ben Stokes, James Vince, Chris Woakes, Mark Wood

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Artist: Linkin Park

Label: Warner Records

Number of tracks: 11

Rating: 4/5

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Stage 7:

1. Caleb Ewan (AUS) Lotto Soudal - 3:18:29

2. Sam Bennett (IRL) Deceuninck-QuickStep - same time

3. Phil Bauhaus (GER) Bahrain Victorious

4. Michael Morkov (DEN) Deceuninck-QuickStep

5. Cees Bol (NED) Team DSM

General Classification:

1. Tadej Pogacar (SLO) UAE Team Emirates - 24:00:28

2. Adam Yates (GBR) Ineos Grenadiers - 0:00:35

3. Joao Almeida (POR) Deceuninck-QuickStep - 0:01:02

4. Chris Harper (AUS) Jumbo-Visma - 0:01:42

5. Neilson Powless (USA) EF Education-Nippo - 0:01:45

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Director: Jon M Chu
Stars: Cynthia Erivo, Ariana Grande, Jonathan Bailey
Rating: 4/5
If you go
Where to stay: Courtyard by Marriott Titusville Kennedy Space Centre has unparalleled views of the Indian River. Alligators can be spotted from hotel room balconies, as can several rocket launch sites. The hotel also boasts cool space-themed decor.

When to go: Florida is best experienced during the winter months, from November to May, before the humidity kicks in.

How to get there: Emirates currently flies from Dubai to Orlando five times a week.
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

Electoral College Victory

Trump has so far secured 295 Electoral College votes, according to the Associated Press, exceeding the 270 needed to win. Only Nevada and Arizona remain to be called, and both swing states are leaning Republican. Trump swept all five remaining swing states, North Carolina, Georgia, Pennsylvania, Michigan and Wisconsin, sealing his path to victory and giving him a strong mandate. 

 

Popular Vote Tally

The count is ongoing, but Trump currently leads with nearly 51 per cent of the popular vote to Harris’s 47.6 per cent. Trump has over 72.2 million votes, while Harris trails with approximately 67.4 million.

COMPANY PROFILE
Name: Almnssa
Started: August 2020
Founder: Areej Selmi
Based: Gaza
Sectors: Internet, e-commerce
Investments: Grants/private funding
10 tips for entry-level job seekers
  • Have an up-to-date, professional LinkedIn profile. If you don’t have a LinkedIn account, set one up today. Avoid poor-quality profile pictures with distracting backgrounds. Include a professional summary and begin to grow your network.
  • Keep track of the job trends in your sector through the news. Apply for job alerts at your dream organisations and the types of jobs you want – LinkedIn uses AI to share similar relevant jobs based on your selections.
  • Double check that you’ve highlighted relevant skills on your resume and LinkedIn profile.
  • For most entry-level jobs, your resume will first be filtered by an applicant tracking system for keywords. Look closely at the description of the job you are applying for and mirror the language as much as possible (while being honest and accurate about your skills and experience).
  • Keep your CV professional and in a simple format – make sure you tailor your cover letter and application to the company and role.
  • Go online and look for details on job specifications for your target position. Make a list of skills required and set yourself some learning goals to tick off all the necessary skills one by one.
  • Don’t be afraid to reach outside your immediate friends and family to other acquaintances and let them know you are looking for new opportunities.
  • Make sure you’ve set your LinkedIn profile to signal that you are “open to opportunities”. Also be sure to use LinkedIn to search for people who are still actively hiring by searching for those that have the headline “I’m hiring” or “We’re hiring” in their profile.
  • Prepare for online interviews using mock interview tools. Even before landing interviews, it can be useful to start practising.
  • Be professional and patient. Always be professional with whoever you are interacting with throughout your search process, this will be remembered. You need to be patient, dedicated and not give up on your search. Candidates need to make sure they are following up appropriately for roles they have applied.

Arda Atalay, head of Mena private sector at LinkedIn Talent Solutions, Rudy Bier, managing partner of Kinetic Business Solutions and Ben Kinerman Daltrey, co-founder of KinFitz

Disclaimer

Director: Alfonso Cuaron 

Stars: Cate Blanchett, Kevin Kline, Lesley Manville 

Rating: 4/5

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Fines for littering

In Dubai:

Dh200 for littering or spitting in the Dubai Metro

Dh500 for throwing cigarette butts or chewing gum on the floor, or littering from a vehicle. 
Dh1,000 for littering on a beach, spitting in public places, throwing a cigarette butt from a vehicle

In Sharjah and other emirates
Dh500 for littering - including cigarette butts and chewing gum - in public places and beaches in Sharjah
Dh2,000 for littering in Sharjah deserts
Dh500 for littering from a vehicle in Ras Al Khaimah
Dh1,000 for littering from a car in Abu Dhabi
Dh1,000 to Dh100,000 for dumping waste in residential or public areas in Al Ain
Dh10,000 for littering at Ajman's beaches 

The specs
Engine: 2.7-litre 4-cylinder Turbomax
Power: 310hp
Torque: 583Nm
Transmission: 8-speed automatic
Price: From Dh192,500
On sale: Now