He violated the duties of the profession and seized his client's compensation

“Abu Dhabi Cassation” supports permanently removing a lawyer from the list of lawyers

The “court” confirmed that the lawyer had violated what the profession’s secretariat required of him.

From the source

The Court of Cassation in Abu Dhabi upheld the decision issued by the Disciplinary Council of Lawyers in the Judicial Department, regarding the permanent removal of the name of a lawyer from the list of lawyers, for violating the duties of the legal profession, against the background of the complaint filed against him in a compensation case, for concluding an agreement that involves taking part of the disputed rights in return Fees, which may not be agreed upon according to the law, in addition to not returning the amount of compensation he received based on the power of attorney issued to him by the plaintiff, which is a breach of his obligation towards his clients, and what is imposed on him by the Secretariat of the profession.

The details of the incident began when the defendant entered into an agreement with the complainant, to file a compensation case against a hospital for the severe damages incurred to the complainant’s wife as a result of a medical error, provided that the fees were 25% of the value of the claims, and he was awarded three million dirhams, which was received by the lawyer By virtue of a check, he was able to cash it by proxy that allowed him to do so, and deducted from it the equivalent of the agreed percentage, and paid 200,000 dirhams to the account of the complainant's wife.

While the condition that involves receiving fees from the compensation awarded, it may not be agreed upon pursuant to Article 31 of the Law Regulating the Legal Profession, which states that the lawyer may not buy all or some of the disputed rights, or agree to take part of them for his fee.

The Court of Cassation stated in the merits of the ruling, that the evidence from the lawsuit papers is that the amounts received by the defendant were not returned, and only 200,000 dirhams were received from them, which is a violation of what is imposed on him by the secretariat of the profession and its ethics, stipulated in Article 47 of the Law Regulating the Legal Profession Which is achieved by any act that the lawyer receives that degrades the profession, or affects the rights of his client as dictated by its considerations or the requirements of the agency, and then the decision issued to cross out the name of the complainant against him is final from the list of lawyers has applied the law correctly in what it has concluded In terms of conviction.

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