Top 5 Mistakes in UAE Legal Memos That Lead to Case Rejection
Legal proceedings in the UAE rely on written submissions, not courtroom drama. Judges make decisions based primarily on documents, and your legal memo plays a critical role in how your case is evaluated. Understanding how to draft a legal memo correctly is essential, as even a strong case can fail if it is poorly presented on paper.
Many individuals spend hours preparing a legal memo, only to face rejection by a judge or arbitrator. In most cases, the issue is not the legal position itself but mistakes in structure, language, or procedural compliance. Errors in formatting or a lack of understanding of how to draft a legal memo under the UAE legal system can seriously weaken your claim before it is even considered.
At 2S Lawyers, based right here in Sharjah and serving clients across the UAE, we see this often. We help individuals and businesses fix these issues so their voice is actually heard.
1. Getting Lost in Translation (Literally)
We all know that Arabic is the official language of UAE courts. But simply running your English thoughts through a translation app—or using a non-legal translator—is a recipe for disaster.
The Nuance Trap
Legal Arabic is very specific. A word that means one thing in a business meeting might mean something completely different in a courtroom.
- Real-world example: If you are dealing with a contract issue, using the wrong Arabic term for “termination” vs. “cancellation” can change the entire legal outcome.
When you learn how to draft a legal memo, you have to think in the language of the court. Judges are busy. If they have to struggle to understand your grammar, your argument loses its power.
Pro Tip: Even if you work in English, ensure your final submission is crafted by someone fluent in legal Arabic. If you are unsure where to start, our legal consultation services can guide you on the correct terminology.
2. Forgetting to Ask for What You Want
This sounds obvious, right? But you would be surprised how many memos argue a point perfectly… and then forget to tell the judge exactly what to do about it.
The “Prayer for Relief”
In legal terms, this is called the “Prayer for Relief” or the concluding requests. If you don’t explicitly write down, “I want AED 50,000 in compensation,” the judge generally cannot give it to you—even if they agree you deserve it!
When we handle drafting at S & S Lawyers, we treat this section as a checklist:
- The Main Request: What is the primary thing you want? (e.g., Cancel the contract).
- The Money: Be specific about amounts.
- The Fees: Always ask for lawyer fees and court costs.
If you leave this part vague, you leave the judge with tied hands.
3. Treating UAE Law Like English Law
The UAE legal system is unique. It’s based on Civil Law and Sharia principles, not the “Common Law” system used in the UK or US.
Why “Precedent” Isn’t Enough
In places like London or New York, lawyers spend days digging up old cases from 50 years ago to prove a point. In the UAE, while old judgments are respected, they aren’t strictly binding in the same way. The Articles of the Law are king.
If you are wondering how to draft a legal memo that wins, focus on the code.
- Quote the specific Article from the Civil Transactions Law.
- Reference the exact decree.
Don’t just say, “In a similar case in 2010…” Say, “According to Article X of the Commercial Code…” This is especially true for complex matters like banking disputes, where specific regulations from the Central Bank are more powerful than general arguments.
4. Being Emotional Instead of Professional
We get it. Legal disputes are stressful. Whether it’s a business partner who cheated you or a bank error, you are angry. But a legal memo is not the place to vent.
Keep it Cool
Judges value facts, not feelings. Using words like “liar,” “thief,” or “malicious” makes your memo look unprofessional. It can even backfire and annoy the judge.
- Instead of: “He is a fraud who stole my money.”
- Write: “The defendant failed to transfer the agreed funds as shown in Exhibit B.”
Effective legal drafting strip away the emotion to let the facts shine. This makes your case look stronger and more objective. For more on why this tone matters, read about the importance of proper legal drafting.
5. Ignoring Deadlines and Formats
You could write the best legal memo in history, but if you submit it one day late, it might as well be blank paper.
The “Technical” Rejection
UAE courts are highly digital now. There are specific formats for uploading documents. There are strict time limits (statutes of limitations).
- Did you attach the Power of Attorney?
- Are your exhibits numbered correctly?
- Is it the right PDF format?
Missing these small administrative details is a common reason for rejection. If you are dealing with something time-sensitive, like a credit card issue, checking a resource like our FAB dispute form guide can help you understand the urgency of proper filing.
How to Draft a Legal Memo That Judges Actually Read
So, how do you fix these mistakes? Whether you are doing this yourself or hiring help, the goal is clarity.
- Start Strong: A clear introduction that states the problem.
- Organize: Use headings. Don’t make the judge hunt for information.
- Connect the Dots: Show clearly how the Law applies to your Facts.
- End Clearly: A specific list of what you want the court to order.
If you are sending a warning before going to court, the rules are slightly different but just as strict. You might want to review our guide on how to draft a legal notice in UAE for that specific step.
Why You Shouldn’t Go It Alone
Drafting legal documents is a high-stakes game. A single missing clause or a bad translation can cost you the entire case.
At 2S Lawyers, we don’t just “write” documents. We build strategies. Led by Dr. Saqr Al Marzouqi, our team understands the local courts inside and out. We know what judges are looking for.
If you are searching for legal consultants near me, you generally want a team that is accessible and experienced. We offer:
- Expert Drafting: We ensure your memo is persuasive and legally sound.
- Convenience: We offer virtual legal consultation so you can get help from home.
- Local Knowledge: We know the specific nuances of Sharjah and Dubai courts.
You can learn more about our approach and why choose 2S Lawyers on our dedicated page.
Ready to secure your legal position? Don’t leave your case to chance. Let us handle the complex paperwork so you can focus on your life and business. Contact S & S Lawyers today for professional support.
Common Questions on UAE Legal Drafting
What is the most important part of a legal memo?
The most important part of a legal memo is the Prayer for Relief, as it clearly states what you want the court to grant. Judges can only award what is specifically requested, so compensation, termination, or legal costs must be mentioned clearly and precisely.
Can I write my own legal memo in English?
You may draft a legal memo in English for your understanding, but UAE local courts require the final submission in Arabic. Poor translation or incorrect legal terminology can harm your credibility, which is why professional legal drafting or translation support is strongly recommended.
Do I need a lawyer for a legal memo?
A lawyer is not always legally required, but it is highly advisable because procedural errors, missed deadlines, or incorrect formatting can result in your case being dismissed, and professional legal drafting services in the UAE significantly reduce these risks.
What if I cannot visit your office?
If you cannot visit the office, you can still receive legal assistance through virtual legal consultations conducted via secure video calls, allowing you to discuss your case and documents remotely from anywhere in the UAE.
Is a legal notice the same as a legal memo?
A legal notice and a legal memo are not the same, as a legal notice is a formal warning sent to the other party before court proceedings, while a legal memo is a structured document submitted to the court during an ongoing case, and both require careful legal drafting.
Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. The information provided may not apply to your specific situation. Accessing this content does not create an attorney-client relationship. Always consult with a qualified lawyer at 2S Lawyers for advice tailored to your case.