UAE Court Rejects Lawyer 60,000 Dirham Claim for Unfiled Case
A lawyer's lawsuit against a former client who failed to pay the remaining sixty thousand dirhams as specified in their fee agreement was dismissed by the Abu Dhabi Family, Civil, and Administrative Claims Court in a recent verdict.
The failure to meet a critical payment requirement outlined in the agreement was the basis for the court's ruling.
Details of the Legal Dispute
The lawyer initiated the legal action, seeking 60 thousand dirhams from her ex-client in accordance with their fee contract. The attorney argued that the client was obligated to pay the specified amount as per the agreed-upon terms and conditions. The lawyer further insisted on the reimbursement of fees, expenses, and attorney's charges. The dispute arose from the defendant's decision to appoint another lawyer without settling the full fee of 90 thousand dirhams initially agreed upon.
Contractual Breach and Court's Analysis
The court, in its comprehensive ruling, referenced the Law Regulating Lawyers and Legal Consultations, affirming a lawyer's entitlement to fees for services rendered within the scope of their representation. It clarified that a lawyer has the right to recover expenses incurred during the course of their assigned work. Emphasizing the necessity of a written fee contract before commencing work, the court found no contractual breach or violation of terms.
Unmet conditions and case rejection
Examining the specifics of the agreement, the court highlighted that the contract obligated the client to pay the remaining fees in two installments: the first after the submission of the defense memorandum and the second 15 days thereafter. However, the defendant failed to meet these conditions, as no criminal case was filed and no defense memorandum was submitted. Consequently, the court rejected the lawsuit, underscoring the failure to satisfy the agreed-upon conditions.
Ruling and Consequences
The court not only dismissed the case but also mandated the plaintiff to cover the associated fees and expenses. This legal development serves as a reminder of the critical importance of meeting contractual obligations to avoid legal repercussions.