Legal Representation in UAE Civil Litigation: Attorney Roles, Authority, and Responsibilities Explained
A comprehensive guide to attorneys’ powers, client rights, and procedural rules under the UAE Civil Procedure Code
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Legal representation is a critical component of the UAE civil justice system, ensuring that litigants receive professional guidance, procedural support, and effective advocacy throughout court proceedings. Federal Decree-Law No. 42 of 2022, known as the Civil Procedure Code, provides a detailed framework governing attorney appointments, authority documentation, and professional responsibilities, safeguarding both efficiency and fairness in civil litigation.
Appointment of Legal Representatives
Under the Civil Procedure Code, individuals and corporate entities can appoint qualified attorneys to represent them in court. This ensures that litigants are assisted by professionals capable of navigating procedural requirements, drafting legal documents, and presenting arguments effectively.
A valid power of attorney is required to establish an attorney’s authority. This document forms the legal foundation for all subsequent actions. In urgent situations, the Code allows a verbal power of attorney to be recorded during court sessions, providing flexibility when formal documentation is not immediately available.
Attorney as the Elected Domicile
Once appointed, an attorney’s office becomes the litigant’s elected domicile for all case-related notifications and service of documents. This guarantees that court communications are directed to a responsible and accessible address.
If a litigant resides outside the court’s jurisdiction and does not appoint a local attorney, they must designate an elected domicile within the relevant area to maintain proper service of court documents. This system helps prevent delays and ensures that litigants remain fully informed throughout proceedings.
Continuity and Stability of Legal Representation
The Civil Procedure Code protects the continuity of proceedings even if an attorney resigns or is dismissed, as long as the court is formally notified of changes in representation. Attorneys are prohibited from withdrawing at inappropriate times or without court permission, particularly during hearings, submission of evidence, or closing arguments.
This provision ensures that clients are not left unrepresented during critical stages and maintains the integrity and fairness of the litigation process.
Scope and Limits of Legal Authority
Attorneys under the Civil Procedure Code are empowered to perform all procedural acts necessary to initiate, pursue, defend, and safeguard a litigant’s interests. This includes filing claims, responding to applications, attending hearings, and taking precautionary measures.
However, some actions affecting substantive rights, such as settling disputes, waiving claims, or accepting reconciliation, require explicit client authorisation. This ensures that while attorneys have broad procedural authority, decisions materially affecting a client’s rights remain under the client’s control.
