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.

Key Benefits of Legal Representation in UAE Civil Litigation

Conclusion

Understanding the rules of legal representation under the UAE Civil Procedure Code is essential for both practitioners and litigants. It ensures compliance, protects client interests, and maintains the integrity of civil litigation. By clarifying attorney roles, responsibilities, and limits of authority, the Code strengthens procedural justice and promotes fairness and efficiency across UAE courts.

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