UAE: Lawyer’s licence cancelled for seeking 25% of Dh3 million awarded as compensation
The law requires lawyers to charge a fixed fee instead of a percentage from claims.
An Abu Dhabi-based lawyer’s license has been cancelled for taking a cut from Dh3 million awarded as compensation in a medical negligence case. The law requires lawyers to charge a fixed fee instead of a percentage from claims.
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The Abu Dhabi Court of Cassation upheld the decision issued by the Lawyers Disciplinary Council to permanently cancel the lawyer’s licence for violating his professional duties.
“Besides, he refrained from handing over the compensation amount ordered by the court. He had received the amount based on a power of attorney issued to him by the plaintiff. Thus, he breached his professional ethics and obligation towards his client,” the court ruled.
The plaintiff and the lawyer had filed a compensation claim against a hospital for a wrongful medical diagnosis of the former’s wife. The lawyer sought 25 per cent of the compensation amount from the plaintiff.
The court awarded Dh3 million as compensation, which the lawyer received on behalf of the complainant. Of this amount, he deposited only Dh200,000 in the plaintiff’s wife’s account.
“According to article 31 of the law regulating the legal profession, a lawyer may not buy any disputed rights wholly or partly nor may he agree to take part of them in return for his fees. The condition provided for in the agreement in relation to payment of attorney fee out of the decided award is deemed illegal,” the court ruled.
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