Civil lawyer plays a crucial role in handling cases regulated under civil law. In UAE, civil law is concerned with social liberty and legal transactions that involve two private or public parties. Not all transactions, agreements, or contracts reach their desired destinations. It results in unwelcome legal conflicts between the parties. They need to settle the issue that has arisen as a result of the transactional relationship. That’s where civil law steps in. Civil law is inherently different from criminal law. For example, civil law controls issues like real estate, tenancy, corporate/commercial contracts, and professional negligence.
What is Civil Law?
Civil Law, in simple words, can be explained as “a law that regulates the daily life of an individual, companies, and establishments.” The law in UAE governs various issues, including contractual disputes, family disputes, property disputes, corporate and commercial disputes, provisions related to personal status, inheritance, lineage, private ownership, and many more. The Federal Law no. 11 of 1992 on the civil transaction law of UAE had been amended in Law no. 10 of 2014. And further amendments in 2018, which instruct the procedure for filing a civil lawsuit before relevant courts. Civil law regulates and directs the guidelines, strategies, and methodology regarding Civil Procedural Law.
Civil Courts Structure in UAE
The civil court in UAE is a pyramidal hierarchy structure. The Federal Supreme Court is the highest court at the federal or national level. At the Emirates level, the Court of Cassation is considered at the highest level in UAE. The Courts of Appeal in the relevant Emirate are next in the hierarchy, followed by the Courts of First Instance in each Emirate. Most people who live in Dubai or any other Emirate in the country know the hierarchy of courts. Civil lawyers in Dubai and other emirates help with the procedure for submitting civil claims before such courts.
What is a civil lawyer?
A civil lawyer is responsible for all facets of a legal dispute between two parties that are not criminal in nature. Individuals, personal connections, and property conflicts are frequently the center of civil disputes. A civil lawyer works to resolve disagreements and problems between two parties. They might seek monetary compensation for their clients as a kind of redress for damages.
What do Civil Lawyers do in UAE?
Personal injury, family relationships, work, and real estate are some of the issues that a civil lawyer deals with. They can also provide legal advice to public and private organizations.
A civil lawyer attempts to resolve his client’s complaint or claim through available legal provisions under UAE civil law. They protect their clients’ noncriminal legal problems by utilizing all available legal provisions in the law, negotiation skills, and expertise. In many legal proceedings, it is witnessed that one party may claim ownership of something they own or seek compensation for alleged misconduct or property or reputational damage. A civil lawyer commonly handles non-criminal situations such as defamation, right to education, property ownership, copyright infringements, divorce, child custody, and insurance claims. For any civil disputes, you can contact a civil lawyer. On your behalf, a civil lawyer can file a lawsuit. As a result, a civil lawyer’s activity begins with filing a case and continues until a decision is made.
Judgments in civil cases are usually monetary compensations or injunctions, which are sometimes known as stay orders. The role of a civil lawyer in a lawsuit ends when they have done all of the necessary measures to put a favorable ruling into effect. If their clients wish to appeal an unfavorable ruling, they can also assist them in this process. The process of appeal is similar to criminal appeal cases in UAE.
Mediation: The UAE court system facilitates mediation for dispute cases before they move to court. The mediation is governed by a committee. However, you can hire a civil lawyer to represent you before the committee. Mediation is a convenient and economical process. The committee provides you an opportunity to resolve the dispute amicably rather than spending money on judicial fees, etc.
Arbitration: There are several disputes that cannot be arbitrated under UAE law, such as rental disputes, insurance disputes, government properties, agricultural lands, government policies, etc. Arbitration lawyers in UAE play many crucial roles and provide expert assistance in technical matters. The lawyers can help you to secure evidence and relevant witnesses. They conduct in-depth analysis and research and prepare the case fit to win any negotiation. Specialist civil law and arbitration practitioners have the experience and expertise to represent you in any arbitration tribunal in UAE.
Filing a Lawsuit: If mediation or arbitration fails, you have the right to file a lawsuit in civil courts. During this is stage, the case is actually heard in front of the judge. The civil litigation lawyers in Dubai and other emirates can represent you in the courts. However, only a UAE national lawyer has the right to litigate. Before handling your case to a law firm in UAE, ensure that they have litigation lawyers.
Appealing a judgement: If you are unsatisfied with the verdict given by the Court of First Instance, you can ask your lawyer to appeal in the Court of Appeal within 30 days of the judgement. In some urgent cases, it can be 10 days. With the help of your lawyer, you can present any additional evidence or witnesses in court.
Skills required for civil lawyers
Problem-solving abilities: Civil lawyers must know how to use the law to their best advantage for the client’s benefit. One of the most important abilities of a civil lawyer is the skill to use multiple tenets, subtleties, and nuances of the law to discover a viable solution for a client.
Communication skills: Communication is a crucial skill for civil lawyers to succeed. Whether it is courtroom sessions or negotiation with the other party’s lawyers, civil lawyers need to have excellent language skills.
Interpersonal skills: A civil lawyer works with people from many walks of life. Especially in the multi-cultural demographic of the UAE, interpersonal is an essential skill. Even the most pragmatic lawyers must have the ability to empathize with their clients to support them during a complicated dispute resolution process.
Negotiation skills: Insurance claim cases, dispute resolution, arbitration all require a lot of discussions in negotiation. Even in the mutually agreed mediation process, the lawyer must always aim to get the result that benefits their client. However, the opposite party must feel they are getting a beneficial deal. To achieve a peaceful settlement, negotiation is the key.
Persuasion: Many times, especially in family or business disagreements, the lawyers of two opposing parties get together to resolve the issues. Good persuasion abilities are advantageous when a civil lawyer represents a client before a significant corporation or conglomerate.
Attention to detail: Even if the lawyer misses a tiny detail, it can lead to a significant delay in courts and a possible failure in court.
Credibility: A civil lawyer should be open and honest with their client regarding every facet of the case. They should avoid making false promises or misleading a client by promising favorable judgments.
Updated knowledge: UAE law gets amended every year. In 2022 itself, there had been some remarkable amendments in the law. Civil lawyers need to be thorough about the rules and amendments. They also need to ensure their support staff gets regular training.
Civil lawyers handle many branches of law in a wide range of cases; that is why to succeed, they must possess multiple skills as well. They also need to evaluate cases before initiating legal action. A client comes to a lawyer because their rights are violated. The civil lawyer becomes the medium to get their rightful needs through the available legal provisions under the law.
Our distinct approach to each case sets us apart from other civil law firms in Dubai. We frequently go above and beyond our client’s expectations and strive to get excellent results for our clients.