Abu Dhabi Court ruled 1.9 million dirhams

A lawyer demands a client of 9.7 million dirhams, the rest of the fees

"Abu Dhabi Court" reduced the value of attorney's fees.

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The Abu Dhabi Court for Family and Civil and Administrative Claims decided to reduce the value of a fee contract signed between a lawyer and a client, in proportion to the effort expended, and obligated the client to pay the lawyer an amount of one million and 900,000 dirhams, the rest of the value of the unpaid fees.

In the details, a lawyer filed a lawsuit against his client, demanding that he be obligated to pay him an amount of nine million and 765 thousand dirhams, in addition to the delayed interest at 12% from the date of filing the lawsuit until full payment. Lawyer’s fees, indicating that he has a law firm, and under an official agency, the defendant assigned him to defend him in a number of civil and criminal lawsuits filed by him or against him “7 agreements specifying fees and cases.” Legal work, take on the task of defense, and exert effort and care to achieve the best results.

He explained that he proceeded with the cases assigned to him, in which the defendant was a party, until a final ruling was issued, and he exerted effort and care in conducting cases that spanned for several years before the courts of first instance, appeals and the Court of Cassation, including attending sessions, writing memoranda, and attending expert meetings, However, the defendant refused to pay his owed fees, refused to respond by e-mail, and unlawfully canceled the agency.

While the defendant’s attorney submitted a reply memorandum containing counterclaims against the plaintiff and the litigant to be entered, a request to enter a new opponent, and at the conclusion of it, a request not to accept the original lawsuit, for its initiation of a non-qualified person, against a non-qualified person, and pleading not to hear the case due to the expiry of the right of prescription, The case was dismissed due to ignorance and lack of validity and evidence, with the plaintiff and the entered opponent obligating the fees and expenses.

And in the opposite case, the ruling to reduce the fees for all the agreements set forth in the original case in proportion to the benefit accruing to the cross-plaintiff, the serious damages caused to him and the imbalances made by the cross-defendant and the entered litigant, and ruling them jointly and jointly by refunding the overpaid amounts after decreasing them, and deducting what He paid it and the interest at 12% of the remaining amount to be paid after decreasing the fees from the date of its calculation, and obligating them to return the amount of 700 thousand dirhams and the delayed interest at 12% from the date of filing the lawsuit until full payment, and obligating them to compensate for the damages incurred by the plaintiff in exchange for irregularities by taking the necessary care Regarding the cases for which the fee agreements are issued at five million dirhams, in addition to obligating them to pay fees and in return for attorneys’ fees.

In the merits of the ruling, the court stated that it is established in the lawsuit papers that the defendant did not deny what was stated in the fee agreements, did not challenge him, and did not deny that his agent was the one who represented him during the contract, and the contract was made in his name, and the defendant in his personal capacity is the signatory to the All contracts submitted, whether by proxy or otherwise, which was indicated by the texts of the attorney’s fees agreements, and came in clear and explicit terms, and the parties to the lawsuit did not deny what was stated in the correspondence between them, including the work plan sent to the defendant’s attorney, with whom the court deems that the lawsuit is instituted From a traitor to a character.

The court confirmed that the amount indicated in the fee agreement was not commensurate with the effort expended, and it was exaggerated, since the criminal cases were all based on the amount of checks submitted by one complainant who is a bank, and the lawsuit filed against the bank, which is in fact proof of a case until a judgment is issued, so The court decides to reduce the fees subject to the agreement.

The court indicated that there was no breach by the plaintiff's attorney, pointing out that after making the calculations, it was found that the original plaintiff, the defendant, had due amounts that had not been paid to date.

In the original and opposite cases, the court ordered the defendant to pay the lawyer 1,900,000 dirhams the rest of the unpaid fees, and after reducing the fees and delay interest by 4% from the date of filing the case until full payment, and obligated the defendant to pay the lawyer 10,750 dirhams as lawsuit fees. All other requests were rejected, with the original defendant obligated and the appropriate fees and expenses paid for the two lawsuits.

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