An “accident victim” evades paying his lawyer’s fees

A client who was a traffic “accident victim” evaded paying his lawyer’s fees, estimated at 33,455 dirhams, despite the latter’s diligence in pursuing an insurance company until he obtained huge compensation for his client in the amount of 165,000 dirhams.

The lawyer filed a lawsuit before the Civil Court in Dubai, demanding that the defendant be obligated to pay the fees in addition to compensation worth 20 thousand dirhams for the damages he sustained. The court ruled in his favor, obliging the client to pay the required amount without compensation.

In detail, a law firm demanded that a former client be obligated to pay 33,455 dirhams, the value of the legal fees owed by him, in addition to 20,000 dirhams as compensation for the damages he sustained, while obliging him to pay legal interest at the rate of 9% annually from the date of the judicial claim until full payment.

He based his claim on the fact that, pursuant to a lawyer’s fee agreement, he filed a lawsuit in favor of the defendant-client demanding compensation for a traffic accident he was exposed to, and requested that a medical examination be performed on him. Rather, he paid the lawsuit fees and the forensic medicine secretariat on his behalf from his own money, and bore all the expenses of his transportation for the examination, then registered. The case is before the Insurance Disputes Settlement Committee in Dubai, which issued a decision obliging the insurance company to pay an amount of 165 thousand dirhams and a 5% delay interest to his client.

The lawyer said in the lawsuit memorandum that the insurance company appealed the committee’s decision before the civil court, so he pursued the case in its new phase in favor of his client, then moved to the Court of Appeal, until a final ruling was issued in the latter’s favor obligating the insurance company to pay the amount of compensation.

He added that according to the final ruling and in light of the efforts he made in the case, he concluded a lawyer’s fee agreement with the client, and waited to receive his fees after the defendant received the amount of compensation for the traffic accident, but he was surprised by his refusal to pay, and then the relationship turned into a dispute, and he filed a lawsuit against His client, and attached a copy of the fee agreement, a copy of the decision of the Dispute Settlement Committee, and a copy of the rulings issued in favor of the defendant.

For his part, the defendant client submitted a memorandum in which he requested that the case be dismissed completely, based on what he described as a breach on the part of the plaintiff lawyer, and not to accept it due to the precedent of deciding it based on a grievance he submitted, in addition to a complaint he submitted against the lawyer before the Dubai Government Legal Affairs Department.

After examining the submissions of both parties, the civil court clarified that what the defendant raises regarding the non-acceptance of the case due to the previous ruling in it is a defense based on an incorrect basis, as what is established is that the plaintiff submitted an order on a petition to oblige the defendant to pay the amount fixed in the agreement, and the defendant complained, so it ruled. The court filed a grievance by canceling the order, and the court again rejected the request, and then no ruling was issued on the main issue, which is the claimant lawyer’s entitlement to fees.

Regarding the complaint submitted by the client to the lawyer, the Professional Conduct Committee filed it, and the defendant did not submit anything proving his grievance with the committee’s decision, and therefore the decision to file the complaint became final, and the court has no obligation to suspend the ruling on this case.

The court stated that it is clear to it in the papers and documents that the plaintiff filed his lawsuit by demanding that the defendant pay him the amount claimed as attorney’s fees according to an agreement between them, and in exchange for what the plaintiff provided in terms of his judicial representation, and to express a defense and defense in the case brought by him seeking compensation as a result of his exposure to a traffic accident. ,

In light of the plaintiff performing his duty to the fullest extent, in accordance with what the principles of the legal profession require, and committed to representing him at all stages of the case until he obtained compensation and received a check for the amount decided upon, there is no justification for refusing to pay the amount of fees agreed upon, and the defendant’s liability is still occupied by him.

The court proved that the plaintiff repeatedly asked the defendant for the amount, after he confirmed his commitment to his role in accordance with the contract and the required diligence, whether by appearing before the court on his behalf, or submitting memorandums, and the court ruled to oblige the defendant to pay 33 thousand and 450 dirhams to the plaintiff.

Regarding the lawyer’s request for compensation of 20 thousand dirhams for the damages he was exposed to, the court found that by reviewing the papers, it was clear that they were devoid of evidence of these damages, except for the defendant’s delay in paying the required amount, which the court ruled to refund with the legal interest from the date of the claim, and therefore it Do not award the amount of compensation.