Register of Legal Practitioners

Entry on the DIFC Courts' Register of Legal Practitioners is governed by Article 12 of the DIFC Court (Interim Arrangements) Order No. 1 of 2005.
This note is to provide guidance, and does not supersede or replace that order in whole or part.

The Register of Practitioners ("The Register")

The Register is in two Parts.

Part I. Law firms only
Part II. Individuals with rights of audience before the Court.

Entry in Part I shall be in the name of a firm. The firm shall provide a list of practitioners employed by the firm and who are authorised to issue and conduct proceedings on behalf of the firm.

(a) grant full registration
(b) renew the probationary period for a further year; or
(c) remove the applicant's name from the Register.

or (s)he may remove the applicant's name from the Register. If applicants do not renew their registration in Part II of the Register within 3 months from the date of renewal, registration will be cancelled.

Applications

Applications for entry in the Register should be made by letter addressed to the Registrar specifying whether the applicant is seeking entry in Part I or Part II.*

Part I Applications

• The statement in support must be signed by a partner in the firm;


• The first paragraph should state the name, head office address and home jurisdiction of the firm and then set out a list of those authorised to issue and conduct proceedings


• On behalf of the firm ("the authorised lawyers");
  
• A copy of the firm's Professional License (or equivalent) should be provided;


• Details of the authorised lawyers may be amended by filing a a replacement statement


• If the firm changes its name or identity (e.g. as a result of a merger), it must immediately advise the Registry and a new registration may be required.

For each lawyer authorised by a firm to issue and conduct proceedings on its behalf, the firm must provide the following documents:

• A copy of the lawyer's practising certificate;
• A copy of the lawyer's passport;
• 2 passport size photos.

Part II Applications

A Part II application must be supported by a statement signed by the applicant setting out the following:

• The full name and nationality of the applicant. (A copy of the applicant's passport and practising certificate must be included with the application. For practitioners residing overseas, copies of documents must be certified as true copies.)
  
• The date and jurisdiction ("home jurisdiction") of the applicant's admission as a legal practitioner and the name of the admitting authority. If the law of the home jurisdiction provides for more than one kind of legal practitioner, the applicant must specify which kind he is (barrister, solicitor, advocate, etc). (A copy of the certificate of admission should be provided with the application. If the applicant practitioner's home jurisdiction grants a lifetime practising license or certificate, the applicant must produce a Letter of Good Standing from his/her home Bar Association or equivalent. )
  
• A declaration that in the superior civil courts of his/her home jurisdiction the applicant currently-
  
  
  • is entitled to conduct legal proceedings on behalf of others, and
  • has full rights of audience (must provide a copy of higher rights of audience, certificate or equivalent)

(A practitioner who does not have full rights of audience in the superior civil courts of his/her home jurisdiction may nevertheless apply for entry in Part II of the Register on production of details of his/her training and/or experience as an advocate; and the Registrar may, for a one-year probationary period, grant him/her either full rights of audience or rights of audience limited to appearances before the Registrar or any tribunal of the Court. In all cases, a current practising certificate or other written evidence of entitlement to practise must be produced. If a practitioner's home jurisdiction grants a lifetime practising license or certificate, his/her must produce a Letter of Good Standing from their home Bar Association or equivalent.)

• An undertaking to inform the Registrar forthwith if the applicant ceases to be entitled to practise in his home jurisdiction.
  
• The applicant's full professional address in Dubai, if (s)he has one. If (s)he does not, the applicant should give his/her principal professional address outside Dubai and, if possible, a name and address in Dubai through which (s)he can be contacted by the Court if necessary.
  
• A declaration that the applicant has sufficient command of English in order to conduct proceedings before the Court and exercise rights of audience.

All Applications for entry onto Part II must also include two passport size photographs. Applications may be made (and accepted by the Registrar) in the first instance by post, accompanied by copies of the supporting documents. For overseas practitioners, they must submit certified true copies of all supporting documents. However, the person who signed the statement must attend an appointment or conference call with the Court Registry and produce the original documents for verification before he/she will be entitled to practise in the Court.

Letter of Intent

Where an unregistered practitioner has received instructions to act in proceedings or prospective proceedings in the Court and the urgency of the case is such that it is not practicable for him/her to apply to register before (s)he begins to act, the Registrar may allow him/her to act on a temporary basis if (s)he lodges in the Court Registry a letter-

• Briefly explaining the circumstances,


• Stating (a) his/her home jurisdiction and (b) that the applicant believes (s)he is eligible for registration in the relevant Part of the Register, and


• Undertaking to apply for registration as soon as practicable (must be within two weeks of temporary registration).

Fees for Registration in Parts I and II

The fee for registration in Part I for a firm is USD 1500. This is inclusive of a list of practitioners registered to act on behalf of the firm. Subsequent amendments to the registration will incur a fee of USD 100 each.

The fee for registration in Part II for individual practitioners is USD 500. A yearly renewal fee of USD 100 is applicable to Part II registrations. If the registration is not renewed within three (3) months of the expiry date, the practitioner will need to file a new application for entry in Part II of the DIFC Courts' Register of Practitioners with a fee of USD 500 .

DIFC Courts' Registry
21 July 2010

Schedule 1

Part I - Sample Registration Letter

8 July 2010

The Registrar
DIFC Courts
Dubai International Financial Centre
Ground Level, Building 4
The Gate District
PO Box 211724
Dubai, UAE

Dear Registrar,

APPLICATION FOR PART I - REGISTRATION OF XYZ LAW LLP (THE "FIRM") IN THE DIFC COURTS' REGISTER OF PRACTITIONERS ("THE REGISTER")

The Firm wishes to be registered with the DIFC Courts in Part I of the Register pursuant to DIFC Courts Interim Arrangements Order No. 1 of 2005. As such, please find below the details of the Firm for this application:

Full details of each of the individuals listed above as authorised to act on behalf of the Firm are detailed in Appendix One to this letter and copies of their passports (Appendix Two), practising certificates (Appendix Three), and 2 passport size photos.

The Firm undertakes to advise the Registry if the Firm changes it name or identity (e.g. as a result of a merger). The Firm also undertakes to inform the Registry if any individual authorised to act on behalf of the Firm ceases to be employed by the Firm. The registration fee of 1500 USD is enclosed.

Yours faithfully,

John Doe

Schedule 2

Part II - Sample Registration Letter

23 May 2010

The Registrar
DIFC Courts
Dubai International Financial Centre
Ground Level, Building 4
The Gate District
PO Box 211724
Dubai, UAE

Dear Registrar,

Re: Registering as a practitioner with rights of audience before the DIFC Courts

I hereby seek entry as a lawyer to the DIFC Courts' Register of Practicioners Part II. I attach 2 passport-size photos, and copies of my passport and my Certificate of Enrolment which evidences my admission and enrolment as an [Attorney-at-Law] of the [Supreme Court of the Democratic Socialist Republic of Sri Lanka]. I also attach a Letter of Good Standing from the [Supreme Court of the Democratic Socialist Republic of Sri Lanka], as my enrolment as an [Attorney-at-Law] is a lifetime enrolment. I also attach a cheque in the amount of 500 USD.

1. My full name is [John Doe], and my nationality is [Sri Lankan].


2. I was admitted and enrolled as an [Attorney-at-Law] of the [Supreme Court of the Democratic Socialist Republic of Sri Lanka] on [23rd June 2006].
3. I declare I am able to conduct legal proceedings on behalf of others and have full rights of audience to appear before all [Superior Courts in Sri Lanka] including the [Supreme Court].


4. I undertake to inform the Registrar forthwith if I cease to be entitled to practise law in [Sri Lanka].


5. I declare that I have sufficient command of the English language in order to exercise rights of audience before the Court.


6. I have been practising in Dubai with [XYZ Law] since [October 2008].


7. My full professional address in Dubai is: [c/o XYZ Law, DIFC, Level 6, Building 4, PO Box 000001], Dubai, United Arab Emirates.

Yours truly,

[John Doe]