About a lawsuit against a bank and real estate company

A lawyer demands a client of 348 thousand dirhams, the rest of the fees

Abu Dhabi Civil and Administrative Litigation rejected the lawyer's lawsuit.

From the source

The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a lawsuit filed by a lawyer, in which he demanded to obligate his client to pay him an amount of 348 thousand and 650 dirhams for the rest of his fees and compensation for non-payment. original), and demanded that the latter be obligated to return the amount of 450,000 dirhams that he paid him as part of the lawsuit fees.

The details of the case relate to a lawyer filing a lawsuit against his client, in which he demanded that he be obligated to pay him an amount of 298,650 dirhams, compensation in the amount of 50 thousand dirhams, and the legal interest at 12% from the date of filing the lawsuit until full payment, and obligating the defendant to pay fees, expenses and fees. With the judgment included in the expedited enforcement, noting that by virtue of a power of attorney issued to him by the defendant, the former filed a lawsuit in favor of the plaintiff against a bank and a real estate company, and the plaintiff performed his duties as an agent for the defendant, and after the judgment was issued in favor of the latter, he represented him before the Court of Appeal as well as before the Court of Cassation In addition to opening an executive file, and after paying the amounts decided in favor of the defendant, it was agreed on the value of the fees due to him, and they estimated it at 748 thousand and 650 dirhams, but the defendant did not pay him only 450 thousand dirhams.

While the defendant submitted in person and submitted a reply memorandum that included a cross-claim, in which he requested the rejection of the original claim, and in the opposite case, the invalidity of the agreement and obligating the defendant crosswise to return to the plaintiff an amount of 450 thousand dirhams, and obligating him to pay him an amount of 200 thousand dirhams as compensation. Check the terms of the agreement and eliminate the debt reduction.

For its part, the court clarified in the merits of its ruling that it is decided, according to the federal law regarding the regulation of the legal profession, that the lawyer shall receive his fees in accordance with the contract drawn up between him and his client. It is in relation to the effort needed by the case and the benefit that the client has, and it is not permissible to reduce the fees if the agreement was reached after the completion of the work.

The court indicated that the evidence from the complaint before the Court of Cassation regarding the original plaintiff’s appeal to the Lawyers Disciplinary Board’s decision to suspend him from practicing the legal profession for a period of two months due to his violation of the provisions and principles of the Law of the Law, due to the first agreement he concluded with the original defendant as well as the subsequent agreement, the plaintiff’s original support In his present case, the Court of Cassation had upheld the committee’s decision issued against the original plaintiff, and then the agreement was the original plaintiff’s support in his invalid suit, and the original plaintiff and the cross-plaintiff were alone in requesting an assessment of the fees before the court that examined the lawsuit in which the original plaintiff was entrusted, and in the light of the results The assessment request is to take subsequent legal procedures, and then the court decides to reject the original and cross-claims in their case, and the court ruled to reject the original and cross-claims in their case and obligated the original plaintiff to pay the fees and expenses of the original case, and obligated the plaintiff to pay the expenses and fees of the counterclaim.

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