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Published : May 16, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 141 | Unrated

Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.

When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and lawyers’ fees, and undertaking the required effort?

When you make a decision to lodge a case there are a few points to be considered. First, we need to evaluate the legal position. This shall depend on:

1. The applicable law. Which law will be applied in order to resolve the dispute?

2. Do the local courts have a jurisdiction over the dispute?

3. Is there enough evidence to prove what is claimed?

After making a good evaluation and determining there is a good chance of receiving what is claimed, we must evaluate the chances of the judgment being executed and collection of what was awarded. This shall depend on:

1. Whether the other party is a natural person or an entity.

2. If the other party is a natural person, does he have enough money, assets, property etc, in order to guarantee collection of the claimed amount, in case he refuses to execute the judgment.

3. If the other party is an entity, is it a company or an establishment? And if it is a company, then what type of company is it? Is it a personal or capital company?

In both evaluations – winning and execution evaluations- there must be a good channel of communication between the plaintiff, which is the client, and his lawyer.

Author: Experienced lawyer Hassan Elhais, along with his team of prominent lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.

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