Free lawyers for poor defendants in Dubai Courts

Courts in Dubai will begin offering free legal representation to defendants who cannot afford legal aid from 2012 onwards, it has been reported.

Anyone accused of a criminal offence in a Dubai court, and who cannot afford a lawyer, will be provided with free legal representation from the first public defenders' office in the UAE, according to a report today in the National.

The new service will be an initiative by the Community Development Authority (CDA) of the emirate. “We want to raise the standard for human rights," Dr Ghaith Ghanim al Suwaidi, the CDA's CEO of Human Rights, has been quoted as saying.

“We’ll have a meeting with lots of lawyers about how many cases they can take a year, maybe five or six from each lawyer.”

Dr Al Suwaidi said the new public defenders’ office would also supply lawyers to act in family cases to protect the rights of children and women, especially divorcees. “They need a legal adviser who will ask for their rights,” he said. “It’s the private sector, but we want to provide something as our responsibility to society.”

While welcoming the move and pledging their support for the initiative, the country’s lawyers urged the CDA to take steps to ensure that only the deserving are offered such pro-bono aid.

Dr Ali al Jarman, Managing Partner at Prestige Advocates and Legal Consultants in Dubai, said strict guidelines should be enforced by the CDA before appointing a pro-bono lawyer for an accused person.

“A thorough background check and a financial check should be carried out to confirm the person’s need,” he said. “Many law firms handle a number of pro-bono cases every year, but do so only after a check on the merit of the accused.”

The percentage of requests accepted and number and types of cases taken will be monitored by the CDA, Dr Al Suwaidi confirmed.

It may be added that the DIFC Courts, the Dubai International Financial Centre’s (DIFC) independent, common law judicial system, already has such an initiative in place since 2009.

Launched in October 2009, the DIFC Courts’ Pro Bono Programme has witnessed strong support from the legal community in the UAE, as the DIFC Courts continue to promote public interest and allow litigants access to justice despite possible financial constraints, the DIFC had said in a statement earlier this month.

Amna Al Owais, Deputy Registrar and Pro Bono Programme Leader at DIFC Courts said: “Over the past year, the legal community both inside and outside of the DIFC has embraced the scheme. We have been encouraged by case applications made to date, applications have been regular and feedback on the system has been extremely positive. Such strong participation from the legal services community is unprecedented in the region and is testament to the value of such a scheme. The Programme reflects DIFC Courts’ mission of providing timely, fair, clear and accessible justice to all, and is another fine example of the DIFC legal community giving something back.”

To date, more than 20 leading law firms have registered their voluntary services with the DIFC Courts’ Pro Bono Programme, including some big names such as Al Tamimi, Clyde & Co, Clifford Chance, Norton Rose, DLA Piper, and others.

The DIFC Courts' Pro Bono Programme enables individuals who cannot afford a lawyer the opportunity to seek free advice from lawyers participating in the scheme. Services offered as part of the programme, ranging from basic advice to full case management and representation in proceedings, are accessible to eligible individuals, approved by the DIFC Courts’ Registry office.

Individuals who meet the eligibility criteria are assigned legal representation, selected from a register of volunteer lawyers.

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