The judiciary is an essential pillar of governance and litigation lawyers form an integral part of the judiciary. Litigation refers to the legal proceedings that arise in a dispute, involving the court of law. It includes initiating a lawsuit in a court, submission of statements and counter statements, production of evidence, examining witnesses and the pronouncement of orders and judgement.
Role of a litigation lawyer:
A litigation lawyer refers to lawyers who represent clients before the judge. In the UAE, only licensed lawyers, known as advocates, have the right to audience before a court of law. To obtain a license, the law has laid down certain requirements, such as educational qualifications and a minimum number of years of experience. The law also requires lawyers to undergo an assessment to test the legal knowledge of the future advocates.
An advocate can fulfill the following tasks in a litigation process:
Filing the case in the court
The litigation lawyer or advocate initiates the litigation process by filing the case in the court. Depending on the nature of the case, the lawyer may file the case before the family court, labour court, criminal court, etc. The lawyer must also decide on the jurisdiction of the case depending on the address, deciding on whether the case must be filed in the emirate of Dubai, Sharjah, Abu Dhabi, etc.
Submission of the Statement of Claim
The advocate will also submit the statement of claim to the court. This claim statement will contain the facts of the case, and the relief or remedy sought by the filing party.
Submission of counter claim
In case the advocate acts on behalf of the opposite party, he will submit counter statement and counter claim if required.
Gathering and submission of evidence
The advocate will examine the evidence and submit them to the court in the manner prescribed by law. This includes the translation of certain documents into the Arabic language.
Requesting of temporary relief
Legal disputes often require quick intervention through an order to act or an order to stop an act. An advocate can seek such temporary reliefs for the duration of the case, while awaiting the final judgement.
Filing of appeal
After the judgement is issued in a case, an advocate, on the request of his client, can file an appeal requesting a higher court to reconsider a case, or certain aspects of the case.
A litigation lawyer, or advocate, forms a crucial role in legal disputes presented before the UAE courts. What sets a litigation lawyer apart is their strategic approach at both the initial and various progression stages of a case, requiring a comprehensive vision. They have the right to represent their clients before a judge, and act on the client’s behalf.