A litigator is a lawyer who represents clients in legal disputes and manages the litigation process from case assessment and preparation through court proceedings, judgment, appeals and enforcement. In the UAE, a litigator may represent individuals or businesses in civil, commercial, employment, corporate and other disputes before the competent courts and judicial authorities.
If you are involved in a legal dispute, you may be wondering whether you need a litigator, what they actually do, and how they can help. A litigator’s work extends well beyond appearing in court: much of the work involves investigating the dispute, developing a legal strategy, preparing pleadings and evidence, negotiating with the opposing party, and managing the case through each procedural stage.
What Is a Litigator?
A litigator is a lawyer who specialises in dispute resolution and court proceedings. Litigators may act for either the person bringing a claim or the person defending against one.
Their work can begin before a case is filed and continue through hearings, judgment, appeal and enforcement. Depending on the dispute, a litigator may also work to resolve the matter through negotiation or settlement instead of taking it through a full trial.
In the UAE, licensed lawyers may appear and represent clients before courts, Public Prosecution, investigation bodies and other judicial authorities within the scope permitted by UAE law. Federal Decree-Law No. 34 of 2022 regulating the legal profession expressly includes appearing on behalf of clients before courts and other judicial bodies, defending clients in legal proceedings, and carrying out related judicial work.
What Does a Litigator Do?
A litigator’s role is to build and manage a client’s legal case, protect the client’s position during proceedings, present the legal and evidentiary arguments, and pursue the appropriate resolution through settlement, judgment, appeal or enforcement.
The exact responsibilities vary depending on the type and complexity of the dispute, but commonly include the following.
Assessing the Case
A litigator first needs to understand what happened, identify the legal issues and determine whether the client has a viable claim or defence.
This can involve reviewing contracts, correspondence, financial records, notices, communications and other evidence. The lawyer may also identify potential risks, procedural issues, limitation periods and jurisdictional questions before recommending the appropriate course of action.
Developing a Litigation Strategy
Once the legal position is understood, the litigator develops a strategy around the client’s objectives.
This may involve deciding whether to:
- File a court case
- Defend an existing claim
- Send a legal notice
- Negotiate with the other party
- Pursue mediation or settlement
- Initiate arbitration where an arbitration agreement applies
- Seek interim or protective measures
- Appeal a judgment
- Begin enforcement proceedings
A litigation strategy is not necessarily about going to trial; a litigator may recommend settlement or another dispute-resolution route when it better protects the client’s legal and commercial interests.
Investigating the Dispute and Reviewing Evidence
Litigators examine the facts and evidence supporting a claim or defence. This can include contracts, invoices, payment records, emails, correspondence, expert reports, electronic records and witness information.
For complex disputes, the lawyer may also work with technical, financial or other experts to understand evidence relevant to the case.
Drafting Legal Pleadings
A significant part of litigation work involves preparing the documents submitted to the court.
Depending on the case, this may include:
- Statements of claim
- Defence memoranda
- Replies and rejoinders
- Legal submissions
- Requests and procedural applications
- Evidence schedules
- Appeal memoranda
- Other court documents
The pleadings should present the relevant facts, legal arguments, evidence and relief sought in accordance with the applicable procedural rules.
The UAE’s Federal Decree-Law No. 42 of 2022 on the Civil Procedure Code provides the principal federal procedural framework for civil litigation within its scope.
Representing Clients Before the Courts
Court representation is one of the most visible parts of a litigator’s role, but it is only one stage of the wider process.
A litigator may attend hearings, present legal arguments, respond to the opposing party’s submissions, address evidentiary issues and handle procedural matters on the client’s behalf.
The exact court and procedure depend on the dispute and jurisdiction. UAE litigation may involve federal courts, local courts or specialised judicial systems such as the DIFC Courts.
Negotiating Settlements
Litigators do not always wait for a court judgment.
Where appropriate, they may negotiate with the opposing party to resolve the dispute through a settlement. This can involve negotiating payment terms, contractual obligations, compensation, withdrawal of claims or other agreed remedies.
Settlement may take place before proceedings begin or while litigation is ongoing.
Handling Appeals
If a judgment is subject to appeal under the applicable procedural rules, a litigator can review the decision, identify potential grounds of appeal and prepare the necessary submissions.
Appeal work may require a different legal strategy from the first-instance proceedings because the lawyer must address the reasoning and findings contained in the judgment as well as the applicable grounds and procedural requirements.
Managing Judgment Enforcement
Winning a case does not necessarily mean that the client immediately receives the money or other relief awarded by the court.
Where a judgment is enforceable, a litigator may assist with initiating and managing enforcement proceedings and pursuing the measures available under UAE law.
What Does a Litigator Do Before a Case Goes to Court?
Much of a litigator’s work can happen before the first court hearing. Early legal assessment helps determine whether litigation is appropriate, what evidence is available, what risks exist, and whether the dispute can be resolved without a full court proceeding.
Pre-litigation work can include reviewing the dispute, issuing legal notices, negotiating with the opposing party, preparing evidence, assessing jurisdiction, and preparing the claim if court proceedings become necessary.
This stage can be particularly important in commercial disputes where the parties may be able to reach a settlement before substantial litigation costs are incurred.
What Does a Litigator Do During a Court Case?
Once proceedings begin, the litigator manages the client’s position throughout the case.
| Litigation stage | What the litigator may do |
|---|---|
| Case assessment | Review facts, documents, legal position and risks |
| Case preparation | Develop strategy and prepare evidence |
| Filing | Draft and submit the claim or defence |
| Pleadings | Prepare legal memoranda and responses |
| Hearings | Present arguments and respond to the opposing party |
| Evidence | Review, challenge and present supporting evidence |
| Experts | Address technical or financial expert issues |
| Settlement | Negotiate with the opposing party |
| Judgment | Analyse the court’s decision and advise on next steps |
| Appeal | Prepare and manage an appeal where available |
| Enforcement | Pursue implementation of an enforceable judgment |
Difference Between a Lawyer and a Litigator
A litigator is a type of lawyer, but not every lawyer focuses on litigation.
A lawyer may specialise in areas such as contracts, corporate transactions, real estate, tax, intellectual property or legal advisory work without regularly representing clients in court. A litigator specifically focuses on disputes and the legal proceedings associated with resolving them.
For example, a contracts lawyer may primarily advise a business before a contract is signed, while a litigator may become involved when a contractual dispute arises and the parties need to negotiate, arbitrate or pursue court proceedings.
The main distinction is the nature of the work: a general lawyer may provide legal advice across a range of matters, while a litigator specialises in managing disputes and representing clients through litigation.
Types of Cases That a Litigator can Handle
Litigators can handle a wide range of disputes, including:
Civil Disputes
Civil litigation may involve compensation claims, contractual disputes, property matters, unpaid amounts and other private legal disputes.
Commercial and Business Disputes
Commercial litigation can involve companies, shareholders, business partners, suppliers, customers and other commercial relationships.
Common disputes include contractual breaches, payment disputes, shareholder conflicts, supply-chain disagreements and business-to-business claims.
Employment Disputes
Litigators may assist with disputes involving employment contracts, unpaid entitlements, termination, workplace claims and other employment-related legal issues, depending on the applicable dispute-resolution route.
Corporate and Shareholder Disputes
These can involve disagreements between shareholders, directors, business partners or companies concerning governance, ownership, contractual rights and corporate obligations.
Property and Construction Disputes
Litigation may also arise from property transactions, construction contracts, development projects, delays, defects, payment disputes and other real-estate or construction issues.
Debt Recovery
A litigator may assist creditors in pursuing unpaid debts through negotiation, court proceedings and, where appropriate, enforcement of an enforceable judgment.
When Should You Hire a Litigator?
You may benefit from speaking with a litigator when:
- You have received a legal notice or court claim
- Another party has breached a contract
- You are owed money and attempts to recover it have failed
- Your business is involved in a commercial dispute
- You are facing a claim from another individual or company
- You are considering filing a lawsuit
- You need to defend an existing case
- You are considering an appeal
- You have obtained a judgment and need to enforce it
Seeking legal advice before filing or responding to a claim can help you understand your position, preserve important evidence and avoid procedural decisions that could affect the case.
What Should You Give a Litigator at the First Consultation?
The more complete the initial information, the easier it is for the lawyer to assess the dispute.
Useful documents may include:
- Contracts and agreements
- Invoices and payment records
- Emails and messages
- Legal notices
- Court documents
- Previous settlement communications
- Company records
- Expert reports
- Photographs or other evidence
- A timeline of the events
You should also explain what outcome you are seeking, whether the other party has already taken legal action, and whether any deadlines or hearings are approaching.
How Al Ramsy Advocates Supports Clients in Litigation
Choosing a litigator is not only about having someone appear at a hearing. The lawyer should understand the dispute, identify the appropriate legal route, build a strategy around the evidence and continue managing the case through its later stages.
At Al Ramsy Advocates & Legal Consultants, the litigation team represents individuals, businesses and corporations in civil, commercial, corporate, employment, family, intellectual property and debt-recovery disputes. The firm’s litigation services cover case assessment, legal strategy, settlement negotiations, court representation, appeals and judgment enforcement.
Case Assessment and Strategy
The team reviews the dispute, relevant documents and available evidence to assess the client’s legal position and identify the appropriate litigation strategy.
Pleadings and Case Preparation
The lawyers prepare legal documents, organise supporting evidence and handle the procedural requirements involved in bringing or defending a claim.
Court Representation
The firm provides representation before the relevant UAE courts, including during hearings and other stages of litigation. Its published litigation services cover both pursuing claims and defending against them.
Appeals and Enforcement
Support can continue after judgment through appeal work and enforcement proceedings where appropriate.
With more than 25 years of experience and a litigation team handling disputes across the UAE, Al Ramsy Advocates provides legal support from the initial assessment of a dispute through court proceedings, appeals and judgment enforcement.
For help assessing your dispute or preparing for court proceedings, Al Ramsy litigation lawyers in the UAE can advise you on the appropriate legal route.
Frequently Asked Questions
What does a litigator do?
A litigator is a lawyer who handles legal disputes, from assessing a case and developing a strategy to preparing pleadings, representing clients in court, negotiating settlements, handling appeals and assisting with judgment enforcement. Litigators may work on disputes before a case is filed as well as throughout court proceedings.
What is the difference between a lawyer and a litigator?
A lawyer is a broad term for a legal professional who may work in areas such as litigation, contracts, corporate law, employment law or legal advisory. A litigator specifically focuses on resolving disputes through negotiation, court proceedings, appeals and related litigation processes.
What does a litigator do before going to court?
Before a case reaches court, a litigator reviews the facts and evidence, assesses the legal position, identifies potential risks, develops a strategy and may negotiate with the opposing party. Depending on the dispute, the lawyer may also prepare legal notices, settlement proposals or other documents before deciding whether court proceedings are necessary.
Does a litigator have to go to court?
Not necessarily. Litigators can work on disputes without a case reaching trial or a final court hearing. They may negotiate settlements, participate in pre-litigation discussions, prepare legal documents, advise on dispute strategy and work toward resolving the matter before formal proceedings.
What types of cases does a litigator handle?
Litigators can handle many types of disputes, including civil and commercial disputes, contract claims, debt recovery, employment disputes, construction and property disputes, corporate and shareholder disputes, intellectual property matters and other contested legal claims. The types of cases handled depend on the lawyer’s area of practice and experience.
When should you hire a litigator?
You may benefit from consulting a litigator when you are involved in a legal dispute, receive a legal notice, face a threatened lawsuit, need to recover a debt, have a contractual dispute or need to respond to a claim filed against you. Getting legal advice early can help you understand your options and prepare for potential court proceedings before the dispute becomes more difficult to manage.
What does a litigator do after a court judgment?
A litigator may advise on whether to appeal the judgment and represent the client in applicable appeal proceedings. Where a judgment is enforceable, the lawyer can also assist with enforcement procedures to help the successful party pursue the relief awarded by the court.
Conclusion
A litigator does much more than argue a case in court. Their role covers the wider dispute-resolution process, from understanding the client’s position and developing a strategy to preparing pleadings, negotiating settlement, representing the client in proceedings, handling appeals and pursuing enforcement.
If you are facing a dispute in the UAE, the appropriate legal strategy will depend on the facts, evidence, parties, jurisdiction and type of claim. Understanding these factors early can help you take the next step with a clearer view of your legal options.
