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UAE: Lawyer sues client in dispute over dues

Photo: AFP
Photo: AFP

Ras Al Khaimah - The plaintiff told the court that his client did not agree on the fees, either orally or in writing.



By Team KT

Published: Wed 20 Jan 2021, 3:31 PM

An Arab lawyer in the emirate of Ras Al Khaimah filed a lawsuit against his Gulf client requesting fees that the latter refused to pay for a court case he represented her in before the court.

The plaintiff told the Ras Al Khaimah Civil Court that his client — the defendant — issued him a power of attorney to represent her in a lawsuit, but they did not agree on the fees, either orally or in writing.

He added that he perfectly fulfilled his duty and managed to get his client her financial entitlements, which amounted to Dh356,591.

“However, she neither told me that she got her entitlements in full nor paid any fees,” he stated.

The lawyer said that he tried to get his fees several times in an amicable way through one of his client’s relatives, but she refused, and cancelled the power of attorney she had issued him previously.

“I only got Dh12,000, which was a down payment until the case got settled,” he claimed.

In her plea, the client requested the court to turn down the case filed by her advocate, stating that she had only agreed to pay him Dh5,000. “I did make that payment in full,” she said.

She added that he got a cheque of Dh70,000 that belonged to her, but refused to give it to her until she paid him Dh7,000.

“I could not help paying him the Dh7,000, which was not included in the deal, against 10 per cent of the value of my deserved cheque.”

An eye witness told the court that the defendant had agreed with the complaining lawyer on fees of only Dh5,000.

However, another witness from the advocate’s office told the court that both litigants did not agree on any fees.

Both the lawyer and client refused an amicable reconciliation the RAK Civil Court offered them.

The court said that a lawyer or a client can approach the court in case of a litigation about due fees, as per the civil procedures law.

The court is also entitled to estimate the lawyer’s fees as per the importance of the lawsuit, subject of the power of attorney, the effort exerted by the lawyer, the benefits received by the client, as well as the advocate’s experience and degree.

The court said the two litigants are believed to have an agreement of fees amounting to Dh5,000 which the client did pay, in addition to the Dh7,000 that the lawyer did not mention at first, but later included in his argument.

As such, the court turned down the lawyer’s plea, stating that a verbal agreement on fees was agreed on, and based on that, fees cannot be estimated again.

reporters@khaleejtimes.com


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