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Appoint a lawyer to represent you in court case in your absence

Ashish Mehta/Dubai
Filed on January 23, 2020 | Last updated on January 23, 2020 at 08.15 am
uae laws, dubai laws, hire lawyer in absence in uae

(Alamy)

'The court shall accept from the parties whoever they shall appoint as proxy according to the law'

Q1) I filed a complaint against my employer in the emirate of Abu Dhabi pertaining to which a final judgment is yet to be pronounced by the court and the status of the case is at the execution level. I have been residing in the country for the last eight months in order to attend the court proceedings. However, I have not been receiving any remuneration during the same period. Can I return to my home country after appointing a lawyer to attend court proceedings on my behalf?

Answer: Pursuant to your query, it may be noted that you may appoint a lawyer by issuing a power of attorney that is duly notarised by the notary public in Abu Dhabi in favour of the appointed lawyer to represent you in any further court proceedings that may take place in the case, which has resulted from the complaint filed by you against your employer. This is in accordance with Article 55 (1) of Federal Law No. 11 of 1992 on the Civil Procedures Law (the 'Civil Procedures Law'), which states:

"The court shall accept from the parties whoever they shall appoint as proxy according to the law."

Further, the power of attorney shall enable the appointed lawyer to prove his appointment before the court adjudicating upon the case filed by you. This is in accordance with Article 55 (2) of the Civil Procedures Law, which states:

"The proxy must establish his appointment as proxy for his client by an official document."
The notarised power of attorney shall allow the appointed lawyer to represent you during court proceedings and perform the necessary actions and procedures to defend your rights and take preventative measures until the issuance of a final judgment. This is in accordance with Article 57 of the Civil Procedures Law, which states:

"The litigation proxy empowers the attorney with the authority to perform the necessary acts and procedures in order to file the legal action, follow it up, defend and to take precautionary measures until the decision on its merits is rendered, in the degree of prosecution to which he was entrusted, and to notify such decision, without prejudice to the matters to which the law requires a special authorisation."

Based on the aforementioned provisions, you may appoint a lawyer to represent you in court proceedings that may further take place by issuing a power of attorney that is duly notarised by the notary public. Thereafter, you may return to your home country, should you wish to.

Know the law
The proxy must establish his appointment as proxy for his client by an official document

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times,PO Box 11243, Dubai.


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