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From: Aasma Khan

Sent: Tuesday, March 26, 2013 6:50 PM


To: Federico Tauber
Cc: Aasma Khan
Subject: Tameer Tower Representation
Dear Federico,
Eng Ahmad had requested that I initiate and examine a review to further reduce the costs of the Tameer
Tower (TT) litigations in light of the projected high volume of litigation and arbitration expected in this
coming year. 2 cases are currently pending assignment to a law firm.
OPTION 1: REVIEW OF RUNNING LITIGATIONS IN HOUSE / HIRING A LOCAL ATTORNEY ON THE
TAMEER VISA
The first option I evaluated was regarding the possibility of hiring an Emirati lawyer in house to my team
to do the submissions of the pleadings. There are 2 issues with this, one practical and the second legal.
PRACTICAL
Given the number of cases and hearings in Abu Dhabi, hiring a local lawyer to attend ALL case hearings,
execution, and expert meetings will cause potentially fatal errors in attendance due to simultaneous
court hearings/ expert hearings. Even hiring 2 lawyers would not be enough as we have many matters at
different stages.
LEGAL RESTRICTIONS
1. If we tried to hire a local lawyer, their rights of audience (if newly graduated) are only granted
after 6 months of a traineeship at a law firm. After that, they are only for the court of first
instance for the first five years of their practice unless their case load warrants (an exceptionally
high amount, but no number was provided to me). After 5 years of practice, they can then apply
for admission to the Court of Appeals. A further 5 years of practice in the court of appeals will
then earn them the right to appear before the Court of Cassation (the supreme court of the
land).
It is not possible to hire a senior lawyer (even if 10 years of experience) as one of Tameer’s
requirements is to raise issues before the Court of Cassation and stop the executions. Therefore,
it is not possible to hire an individual in house. From my discussions with other lawyers, all
lawyers with Cassation rights of appearance have usually established their own law firms.
2. Notification Issue: Tameer avoids notification and having our own lawyers on our own visa go to
court would result in early notification or the court officers grabbing and notifying our lawyers
while they were making inquiries. It is paramount to maintain the legal barrier between Tameer
and the courts through a law firm.
OPTION 2: STRATEGICE ALLIANCE WITH A SMALL ABU DHABI LAW FIRM AND PUTTING THEM ON
SALARY
I have evaluated the following options: (i) using an existing and trusted law firm to handle the TT cases
on a salaried basis; (ii) hiring a new law firm in Dubai/Abu Dhabi that is hungry for the work; (iii) referral
of an experienced lawyer with cassation rights who is retired and willing to take this on because its
“easy”.
TRUSTED LAW FIRM CONVERSATION
I have already spoken to Osama Dablouk at Prestige who has been litigating the TT cases for 3 years
now, 1 year at Al Suwaidi and 2 years at Prestige. He is amenable to creating a structure for us that
would be salaried instead of case by case. He is expected to provide a proposal by close of business 27
March.
I had arranged a meeting with Global Advocates, Nasser Al Osaiba (Ali Al Hashmi’s partner that handles
Abu Dhabi cases) for today but we were unable to meet due to the MOA preparations taking
precedence over the meetings). We are now reschedule to next week to meet and discuss.
I am considering a 3rd law firm where Tameer has an existing relationship that we should consider
approaching. We will need at least 2 law firms to have this arrangement for the following reasons: (i) the
high profile nature of the customers in TT sometimes gives rise to conflicts (particular if the lawsuits are
from the sheikh’s offices or large companies); and (ii) sometimes law firms claim they can handle the
volume but then start making mistakes and we have to monitor and shift the burden if we see that
happening.
I am considering approaching Tamimi as the 3rd firm to provide a proposal for this arrangement.
NEW LAW FIRM CONVERSATIONS
Tameer’s litigation attorney, Ayman Hran, was contacted by Her Highness Sheikha Hind Ahmed Al
Maktom and her law partner Sheikh Saood Abdul Aziz al Mualla to begin a relationship with Tameer.
They have provided a volume proposal to handle TT cases. This proposal will only have value once we
have a basis of comparison.
I am interviewing another new firm, referred by the General Counsel of Omar Al Futtaim, M Al Nasour is
a retired advocate with rights before the court of cassation who is willing to work with us on a salaried
basis and have his file the Tameer pleadings. I am seeing him on Thursday, 28 March at 11 am. I will then
try and have him send his proposal by 31 March close of business.
I am in the process of seeking 1-2 more referrals of new firms to evaluate and determine if they are
credible for Tameer to use for attendance purposes.
RISKS
With a new law firm and high volume, we run the risk of non-attendance and judgment being entered in
Tameer’s absence. Further, with new law firms there is a risk they will hold us hostage for increased fees
or else they won’t attend. This has happened in the past to Tameer and I have fired every law firm that
has done this to us as soon as practical and without harm to Tameer cases.
OPTION 3: ARBITRATION BEING RUN IN HOUSE / LAW FIRM EMPLOYEE SALARIED
For the same reasons that are mentioned above in relation to litigation, it is not a wise move for us to
being arbitration lawyers directly in house on Tameer’s visa to manage arbitrations. I have already
approached one law firm, Baker Botts, to make arrangements for one of their lawyers (already known to
me and did excellent work on Tameer / Omar Ayesh Guardianship case – Natasha Zahid). Baker Botts is
suppose to provide me a proposal this week.
Once I successfully make that arrangement with one law firm, I will then approach those already doing
work for us to convert the arrangements with either Addleshaw or Simmons or both. We will need at
least 2 law firms to have this arrangement for the following reasons: (i) the high profile nature of the
customers in TT sometimes gives rise to conflicts (particular if the lawsuits are from the sheikh’s offices
or large companies); and (ii) sometimes law firms claim they can handle the volume but then start
making mistakes and we have to monitor and shift the burden if we see that happening.
CHANGE IN TAMEER TEAM
In order to ensure that we are maximizing delay, Tameer Legal Department will need to do the
following: (i) continue to monitor TT cases (litigation and arbitration) to ensure the lawyers are making
the decisions to maximize the delay; (ii) ensure attendance; (iii) ensure minimum quality control is
maintained.
To the end, we will need to hire inhouse a TT litigation attorney and 1 more paralegal for TT cases. We
will also need to hire an arbitration attorney in house to supervise the arbitrations and maximize delay
because the current attorney doing the work is commercial deals/ corporate attorney for whom this is
part time. As TT arbitrations are ramping up, this will become a full time job for an arbitration attorney.
Please let me know your thoughts.
Best regards,
Aasma A. Khan- Chief Legal Officer
P.O. Box: 47748, Dubai, UAE
Tel Customer Care Centre: +971 4 450 1600
Tel Direct: +9714 450 1682
Fax: +9714 450 1690
www.tameer.net

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