Disciplinary Responsibility of the Lawyer A Model for the Shadow Lawyer
A Comparative Study
DOI:
https://doi.org/10.35246/c8evmb81Keywords:
Enhancing Justice, Disciplinary Council, Shadow Lawyer, LicensesAbstract
The profession of the judiciary is a duty, not merely an honor, and the lawyer acts as the standing judge who assists the judge in delivering justice through the evidence and arguments presented. Therefore, the lawyer must adhere to the explicit duties outlined by the legislator, in addition to other obligations associated with his profession. To preserve the traditions and customs of the profession, a disciplinary system has been established for any lawyer who undermines its honor. The disciplinary responsibility of the lawyer is the cornerstone of research, and this responsibility is derived from Federal Law No34. on advocacy, where it differs from civil and criminal responsibility in its specific nature and elements. This responsibility is established as a fundamental right of the Disciplinary Board for those who violate the principles and honor of the profession.
A lawyer is a natural person registered with the relevant authority and licensed to provide all legal services to the public. The legislator has prohibited lawyers from engaging in any conduct that contradicts the dignity of the profession and requires them to uphold integrity and honesty. Furthermore, it is forbidden for a lawyer to deceive or mislead their client in any way, one of the recent phenomena threatening the localization of the legal profession is the leasing of licenses, which allows a citizen lawyer to have a nominal ownership of a law office. This has led to the emergence of what is known as the "shadow lawyer," who effectively manages the office without a license to practice according to the law, resulting in negative consequences that extend beyond the profession. Therefore, it is essential to address this phenomenon and impose deterrent penalties on those manipulating the system, so that the legal profession remains capable of keeping pace with the development of the state and its economy.
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References
First: Legal books
i. Dr. Ali Muhammad Jaafar, Philosophy of Penalties in Law and Islamic Sharia, University Foundation for Studies and Publishing, Beirut, T1, 1997.
ii. Mustafa Mahmoud Afifi, Philosophy of Disciplinary Punishment and its Objectives, Cairo Message, 1 976. ISBN: 10389854
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iv. Saeb Muhammad Nazem Al-Musawi, Disciplinary penalties and judicial oversight, a comparative study, Halabi Law Publications, Lebanon, 1st edition, 2007. ISBN: 86144018392
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vi. Dr. Kamal Abdul Wahid Al-Jawhari, Rules of Disciplinary and Criminal Responsibility, National Center for Legal Publications, 1st edition, 2015. ISBN: 9796500163222
vii. Dr. Mohammed Ahmed Al-Salmani, Encyclopedia of Administrative Judiciary, New University House, 2014, p. 58
viii. Dr. Mohamed Nour Shehata, Independence of Lawyers and Human Rights, Arab Renaissance House, 1989, p. 229
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x. Dr. Fikri Ahmed Akkaz, The Philosophy of Punishment in Islamic Sharia and Law, Arab Renaissance House, 1999.
xi. Dr. Bashir Ali Baz, Disciplinary Sanctions for Public Officials - A Comparative Study, Manshaat Al Maarif, Alexandria, 2005.
xii. Dr. Mohamed Majid Yaqout, Explaining the Disciplinary Law of the Public Service, Arab Thought Library
xiii. Dr. Mohamed Nour Shehata, Independence of the Lawyer and Human Rights, Arab Renaissance House.
Second: Research and Scientific Theses
i. Ibrahim Ahmed Mohammed Malhi: Guaranteeing the right to litigation: A Comparative Study, Journal of Justice, Issue 46, United Arab Emirates, 1986.
ii. Idriss Boufi, Fair Trial and the Requirements of Judicial Reform, Masarat Journal of Thought, Politics and Economics, No. 36, 2015. ISBN: K116.Sh5 1987k .
iii. Sumaya Abu Fatima, The Civil Law Firm, PhD thesis, Tanta University, 2004
Third: Laws
i. Egyptian Lawyers Law No. 17 of 1983
ii. Code of Professional Conduct for Lawyers 2016, Saudi Bar Association
iii. Administrative Decision No. 112 of 2017 regarding the Professional Conduct Committee for Lawyers and Legal Consultants.
iv. Decision No. 57 of 2018 regarding the organization of the Federal Law on the Civil Procedure Law of 2018 and its amendments.
v. Federal Decree-Law No. 20 of 2018 on Combating Money Laundering Crimes, Combating the Financing of Terrorism and Financing of Illegal Organizations.
vi. Cabinet Decision No. 10 of 2019 for Federal Decree-Law No. 20 of 2018 on Combating Money Laundering Crimes, Combating the Financing of Terrorism and Financing of Illegal Organizations.
vii. Federal Decree-Law No. 34 of 2022 regulating the legal profession and legal consultations.
viii. Federal Decree-Law No. 38 of 2022 promulgating the Code of C
IV: Websites
i. The official website of Dubai Courts
https://www.dc.gov.ae/PublicServices
ii. Official website of the International Court of Justice https://www.cfr.org/international-criminal-courts-and-tribunals
i. Arab Legal Information Network
ii. Official website of the Ministry of Justice
http://www.elaws.gov.ae/DefaultAr.aspx
iii. Eastern Law Network
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