CFA Risk Assessment—General Litigation and Advocacy
Drafting notes
UAE federal law prohibits contingency or success fee arrangements between lawyers and clients (although this prohibition does not apply to any agreement between a funded party and the funder). CFAs are permitted in the DIFC where a lawyer receives an uplift in fees in the event of success but not a share in the proceeds.
A: General information
Matter reference | [Insert] |
Client name | [Insert] |
Date of cause of action | [Insert] |
Type of claim, eg contract dispute, commercial litigation | [Insert] |
Brief description of claim | [Insert] |
B: The opponent/third party
Can we identify the opponent/third party? | ☐ Yes ☐ No |
Name of opponent/third party | |
Type of entity (eg partnership, PLC, company, individual) | |
Do we have a current address for the opponent/third party? | ☐ Yes ☐ No ☐ Not known |
Does the opponent/third party have insurance to pay the damages our client is claiming? | ☐ Yes ☐ No ☐ Not known |
Does the opponent/third party have the means to pay the damages our client is claiming? (This is relevant regardless of whether the opponent has insurance, as there is no guarantee that the insurer will pay out) | ☐ Yes ☐ No ☐ Not known |