Litigations Division

Litigations Division

Litigations Division

One of the bases of lawyers work is to plead before courts as being part of the judicial institution and to represent the judiciary standing to defend the public rights. This division was founded in Al-Nesoor Law Firm in 2008. The work of Iraqi lawyer is always limited to a certain type of litigation. Al-Nesoor for Legal Consultations came to keep up the development taking place in society and break the imposed restrictions to get together an elite of the most competent lawyers to work under the umbrella of one division in order to meet the need of clients for a firm combining between specialty and diversity in the management of lawsuits.

The litigations division is presided by an experienced lawyer who has over 25 years of experience and membership of a number of consultant lawyers with over 30 years. Such lawyers are specialized in all fields, have sufficient experience and vigor of youth.

Civil litigations

civil litigations relating to companies’ cases among them or against companies with regard to debts, sales, contracts, contracting and cases filed between partners based on co-ownership to remove such co-ownership and cases of partners accountability and so forth.

Criminal litigations

They represent criminal proceedings in the stages of initial and judicial investigation, trial before misdemeanor courts and criminal courts, enforcement of penalty and submission of appeals to the courts of appeal and competent authorities, including lawsuits for integrity and cases in the courts of economic lawsuits, money laundry, customs lawsuits, customs evasion, central corruption cases and cases of publishing and media crimes.

Litigations of Personal Status & Personal Affairs

They include family cases and what is related thereto, including social instances such as marriage, divorce, paternity, alimony, provisions of taking over, custody, guardianship, provisions of death and inheritance for Muslims and non-Muslims and registration and implementation of will.

Labor litigations

They include cases arising out of employment contracts between worker and employer, including wage cases, end of services remuneration, social security entitlements and leave entitlements as well as cases arising out of rescinding and terminating contractual relationship and injuries and getting sick during work.

Litigations of Administrative Judiciary and Personnel Judiciary

This type of cases conforms to the provision of Article 100 of the Iraqi Constitution of 2005, which cancelled immunity for all administrative decisions. The Court of Administrative Judiciary and Court of Personnel Judiciary shall cancel and amend the administrative decisions violating controls and law by confronting decisions of administrative and executive authorities. All their decisions shall be subject to appeal before the Supreme Administrative Court.

Litigations of Military Courts and Internal Security Forces

They include cases related to persons and military services such as absence and escape cases, cases of disrespect of higher rank, cases of disobedience of military orders and cases related to violations committed during performing military service with regard to disciplinary matters.

Constitutional litigations

They have been newly established. They are determined by the Supreme Federal Court when an appeal is filed before it for challenging that a legal text, a regulation or an instruction is unconstitutional. Their initial judgments came in articles 92-99 of the Constitution of the Republic of Iraq of 2005 in force. They rely on the provisions of laws in force.

The mechanism of litigations division

Studying the priorities of the client

Submitting a detailed report with the available possibilities and determining the legal status therefor. The client shall be informed that the duties of the Company towards the client is to exert due care and not to achieve the goal

Be attorney for the client in case he/she accepts the available possibilities

Performing the task of filing the case before the competent court

Pleading and defending the client's rights on fixed pleading dates

Submitting statements of claim, requests and submissions in all pleading hearings in the interest of the case

Working constantly to win the case in favor of the client

Professional integrity, secrecy of information and exerting due care

Receiving and studying the final judgment in the case

Practicing appeal methods provided by the Law

Enforcing client's judgment and enforcing the same in favor of the client before the Directorates of Enforcement in the Ministry of Justice

Seeking to attain the indebted money through all legal means

In all said stages, the client shall be notified step-by-step while informing him/ her of every stage and its result