By Abdulla Rasheed
Copyright gulfnews
Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court has dismissed a case filed by a lawyer against his client, who had refused to pay Dh650,000 in outstanding legal fees, despite a signed contract between the parties. The court ruled that the lawyer filed the case using an incorrect legal procedure..UAE: Abu Dhabi Court issues 15-year sentences for 8 convicted in child sexual exploitation cases.Lawyer sought payment with interestIn his lawsuit, the lawyer demanded Dh650,000 plus 5% legal interest from the date of entitlement until full payment, in addition to court fees, expenses, and attorney’s fees. He argued that he had agreed with the client to represent him in a commercial litigation case involving a financial claim, but the client failed to pay the agreed amount without justification.Court cites advocacy lawIn its reasoning, the court referred to Article 52 of the Law on Advocacy and Legal Consultancy, which states:“A lawyer shall receive his fees in accordance with the agreement made with his client. The court that heard the case—and no other—may reduce the agreed fees at the request of the client if it finds them excessive in relation to the effort required for the case and the benefit gained by the client. The court may also increase the agreed fees at the request of the lawyer if it finds that he has exerted greater effort and time than initially anticipated in the agreement.”.Abu Dhabi court upholds Dh2.8 million payment to woman after decisive oath.Competent authority to decide disputesThe court clarified that the competent authority to resolve disputes between a lawyer and a client over fees is the same court that examined the case, appeal, execution challenge, or petition. This is because such a court is best positioned to assess the lawyer’s effort and the benefit gained by the client.This rule applies regardless of whether the matter was heard before the court of first instance, the court of appeal, the court of cassation, or the court that reviewed the petition.Correct procedure not followedSince a contract existed between the parties, any dispute over legal fees should have been filed through a petition to the judge or presiding judge of the panel that heard the case, or reviewed the appeal proceedings. Based on such a petition, the judge would issue an order determining the lawyer’s fees in proportion to the effort expended and the benefit gained by the client.The court found that the lawyer’s claim for the remaining fees could not be pursued through a regular lawsuit but only via this special procedure of filing a petition for an order on applications. As this procedure was not followed, the court declared the case inadmissible.JudgmentThe court dismissed the lawsuit, ruling that it was filed through a procedure not prescribed by law..Abu Dhabi court upholds Dh2.8 million payment to woman after decisive oath.Abu Dhabi court orders Dh55,000 refund over concealed jet ski defects
