The “Appeal” supports obligating a lawyer to pay 60,000 dirhams in compensation to his client

The court decided to accept the defendant's appeal in form and rejected it in the matter.

From the source

The Abu Dhabi Court of Appeal upheld a ruling of the Court of First Instance that obligated a lawyer to pay his client 60,000 dirhams in compensation for the material and moral damages he sustained as a result of the defendant’s “lawyer” negligence in informing his client (the plaintiff) of the date of the crucial swearing-in session in a labor case. Her attendance without a legal excuse caused the loss of the case.

The details of the case refer to a man filing a lawsuit demanding that his former lawyer pay him 320,000 dirhams, which he was sentenced to in a case he lost as a result of the lawyer’s negligence, in addition to an amount of 400,000 dirhams in compensation for the damages he sustained, as well as obligating him to pay fees and expenses and for Lawyer's fees, indicating that he assigned the law firm to the defendant in a labor lawsuit, and when the court requested that the decisive oath be directed to the plaintiff, the defendant breached his duties and did not notify him of that oath to perform it before the court, which caused him to lose the case, and as a result he sustained material damage, while he filed The defendant, “the owner of the law firm,” a reply memorandum in which he requested that the case not be heard due to the statute of limitations, and as a precaution, the case is referred for investigation with the testimony of witnesses by directing the decisive oath to the complainant.

For its part, the court, in the merits of its ruling, rejected the defendant’s plea for the statute of limitations to expire, as he did not rely on a legal text regarding this payment, and therefore it is ignorant, and requires refusal, and the court also rejected the plaintiff’s request to refund the amount awarded against him under the judgment issued against him in the labor lawsuit. , amounting to 320,000 dirhams, because there is no basis for it from reality or the law.

The court indicated that the act issued by the defendant, in accordance with the established labor ruling, violated the duties and principles of the legal profession, as a lawyer, after he appeared before the labor court in his capacity as a client of the plaintiff, and requested a delay for his client to attend to take the decisive oath. There is an excuse or justification for his absence, and then he has breached the duties of his profession and failed in the rights of his client without a legal excuse, which caused the plaintiff material damages represented in incurring lawsuit fees and transportation expenses to and from the court, and in depriving him of taking the decisive oath before the labor court and losing the opportunity to obtain What he hoped to get from the outcome of that ruling.

The Court of First Instance ruled, obligating the defendant to pay the plaintiff an amount of 60,000 dirhams in compensation for the damages he sustained and obligating him to pay fees and expenses. first degree.

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