Tim Elliott
Lots of questions in. Can you have a lawyer from your country represent you in the UAE? That’s the first question.
Ludmila Yamalova
It depends. Yes, in short. There are different ways of representation.
For example, if you are in the DIFC or the ADGM, and your lawyer is in the UK, many British barristers have the right of audience before these courts. By the way, in the DIFC right now, many barristers are not based in Dubai—they are in England. For hearings, they either appear online or fly in for the hearing.
Another way is to work with a local advocate here. Your lawyer from your home country can collaborate with a UAE-based advocate, who would be the counsel of record, while your lawyer assists behind the scenes.
A third option is representing yourself while your lawyer from your own country helps structure and draft your arguments. That’s possible, but you must consider the jurisdiction. For example, if I were asked to litigate in France or Australia, I wouldn’t be the best choice—it would be a disservice to the client. However, practically speaking, it’s been done and can work.
Tim Elliott
Okay. That leads me to two questions. I’ll ask them both as they are related. To what extent can you manage without a lawyer in the UAE since so many systems are now online? And, can I self-represent my case even if I have a lawyer?
Ludmila Yamalova
Yes, but you must stay in communication with your lawyer. If your lawyer is on record as your counsel, they need to be informed of your actions. They might not want to make submissions or arguments while they are listed as your advocate but lack involvement in your decisions.
If your lawyer isn’t registered with the courts—for instance, they’re advising you but not formally representing you—you can represent yourself.
As you mentioned, Tim, it’s much easier to self-represent now because so much is online. When you register with the courts, you get your own login to the court portal. This gives you access to your entire court library, including all submissions by both parties, judges’ decisions, and requests.
Hearings and filings are all online. You can make requests and submissions without needing a lawyer. In the UAE, you don’t need a lawyer for the Court of First Instance or the Court of Appeal. However, for the Court of Cassation, you must have an Emirati advocate represent you.
If you represent yourself, you can still seek advice or drafting assistance from a lawyer, but you’ll make submissions in your own name. The digital system allows you to manage most of this independently.
Tim Elliott
Two related questions. First, can expat lawyers litigate in the UAE? Second, if you have a criminal case, should you consult a general practice law firm or a specialist criminal lawyer?
Ludmila Yamalova
In the UAE, specialized legal practices like those in Western countries—where lawyers only handle criminal or family law—are less common.
For criminal cases in the UAE, you need a local advocate, an Emirati national licensed to appear before the courts. While not mandatory, it’s advisable to have a local advocate for criminal matters. Most local advocates have experience in criminal law, even if they don’t actively practice it.
However, lawyers who aren’t local advocates can still provide valuable advice on criminal law. For instance, understanding whether a specific action violates UAE criminal law or could lead to a criminal case doesn’t require being a local advocate.
The UAE’s criminal law is frequently updated. For example, the new UAE Crime and Punishment Law, issued in 2022, is available in English. Lawyers without advocate status can still be highly familiar with these laws.
Additionally, there’s significant overlap between civil and criminal cases in the UAE. Many issues—such as online fraud, insults, or defamation—can have criminal implications, even if they stem from civil disputes.
Your lawyer doesn’t need to be a local advocate to guide you on criminal matters but must have extensive UAE legal experience. This is especially critical as the jurisprudence here evolves. For instance, employment-related “breach of trust” complaints, which used to be criminal offenses, are now treated as civil matters.
Tim Elliott
There’s no substitute for local knowledge, is there? Two more questions, and then a final one for this podcast. First, what happens if you don’t reach the result you were expecting with your lawyer? Do you still have to pay the remaining fee?
Ludmila Yamalova
It depends. In most cases, yes. Legal fees are typically contract-based, and lawyers rarely guarantee specific outcomes.
I’ve had clients ask, “Can you guarantee success?” The answer is always no. All I can guarantee is doing my best within the law and my expertise. Guarantees are unrealistic because outcomes depend on many factors, including judicial discretion.
Some lawyers structure fees where final payments are contingent on success, but that’s uncommon. Most arrangements require payment regardless of the result.
Tim Elliott
That’s unlike the “no-win, no-fee” models seen in other jurisdictions. Does that concept exist here?
Ludmila Yamalova
It’s starting to. Previously, contingency arrangements were prohibited in the UAE. Now, they are expressly allowed but must be clearly documented. These are typically hybrid arrangements, with some payment upfront and additional fees contingent on success. Pure no-win, no-fee models remain rare.
Tim Elliott
Final question—the TikTok question, if you will. Can I change my mind about my legal representation at the last minute?
Ludmila Yamalova
Absolutely. You can change your lawyer at any time.
However, you need to manage the transition carefully. Ensure the new lawyer has enough time to understand your case and make a difference. You also need to properly settle matters with your current lawyer, including de-registering them from your case.
Lastly, judges won’t tolerate delays caused by last-minute changes unless you present a valid reason. So, while it’s possible, timing and communication are critical.
