The debate over the “rest of the fees” continues between lawyers and clients, and often ends in a judicial dispute in the corridors of the courts, where litigants consider that the fees are exaggerated, while lawyers confirm that the Legal Law regulates the work of the profession, including the lawyer’s fees, which are subject to the size of the fees. The case, the extent of the effort expended in it and the time it takes, noting that the estimation of these fees is made by agreement between the client and the lawyer.
Emirates Today monitored dozens of cases that are being examined by the courts, periodically, due to a dispute between lawyers and clients over the “rest of the fees.” Lawyers accuse former clients of evading payment of the fees agreed upon after the end of the cases, while the clients complain about the high fees required and the setting of exaggerated fees. They prove the truth of their claims by the large disparity between lawyers’ wages in the same type of cases.
In detail, a number of litigants, whom Emirates Today met, agreed that the most prominent complaint that litigants suffer from when dealing with lawyers is the exaggeration of fees, especially in cases of compensation, checks and inheritances that relate to large sums of money, in addition to criminal cases, noting that the interview For a lawyer to present the case, it initially requires paying a consultation fee of no less than 1,000 dirhams, and after that, if the lawyer decides to accept the case, he inflates the services, the effort he will make in the case so that it does not last a long time, and the multiple litigation fees that he will pay, and an agreement contract is signed, and payment is made. The client receives percentages of the amount throughout the litigation period.
Reasons for abstention
They pointed out that the client’s refusal to pay the rest of the fees has three main reasons: either the lawyer loses the case, and in this case it is morally assumed that he does not demand the rest of the fees, as the client has incurred many expenses, and he no longer has to pay any return, even though the lawyer He promises him from the first moment that he will win the case. The second case is in compensation and inheritance cases, which is that the return from the case is less than or equal to the fees that the lawyer set for himself. The third case is that the client discovers during the litigation journey that the amount of the fees is exaggerated, and that similar cases are pending. In his case, the defense fees were set at less than half of what was agreed upon.
Litigants and business owners called for setting up a mechanism to determine lawyers’ fees in various cases, according to an approximate schedule that takes into account the circumstances of the litigants and the experiences and rights of lawyers. They described the fees of law firms in the Emirates as “exaggerated,” and that they represent an additional burden on litigants, noting that the fees of some cases, More than what the litigant receives in terms of compensation or inheritance.
Law firm
Meanwhile, the lawyer, Ibrahim Al-Tamimi, said that the regulation of fees is subject to Law No. (34) of 2022, and previous legal laws as well, and the entire third chapter of the law dealt with the lawyer’s fees in Articles (46 to 58), indicating that Article (48) of the law permits the lawyer to agree on fees according to the type, nature, or circumstances of the work assigned to him, or according to the hours system in force at the office to undertake and complete that work.
Determine the value of the fees
Al-Tamimi told Emirates Today: “To determine the effort and estimate the value of the fees due, the type and nature of the work assigned to the lawyer, the estimated effort and the skills required to perform it, the expected time to complete the work required of the lawyer, the importance of the case or the disputed interests, and the experience of the acting lawyer are taken into consideration.” His position, the seniority of his degree of registration, the reputation and prestige of his office, in addition to the expenses of the lawyer’s office, including research, expenses and burdens.”
He attributed the difference in fees from one lawyer to another in similar cases to the fact that each lawyer estimates the fees he deserves according to many things, including his fame, ability, experience, etc., indicating that it is a matter of discretion, just like any liberal profession such as a doctor or consulting engineer, and the issue of fees is subject to the lawyer alone. Without restrictions.
He pointed out that the refusal of clients to pay the rest of the lawyer’s fees after the end of the case is due to human nature. If his nerves calm down with the end of the case, he feels that paying the rest of the fees becomes a heavy burden on him, and this is not a good thing. Therefore, the law called for writing a fees contract and specified the items that must be mentioned. In it, out of concern for the rights of the lawyer from this phenomenon.
Quality of clients
While the lawyer, Hadiya Hammad, indicated that the determination of legal fees is based on each case, its type, and the effort expended in it, whether they are criminal, labor, civil, commercial, or personal status cases, and within each type there are several branches, so the fees certainly differ. Each one is different from the other, noting that the difference in fees from one lawyer to another in the same case is due to the experience of the lawyer himself, and the number of years he has spent practicing the profession, where the estimation of fees is due to the lawyer’s assessment of his effort.
Hammad emphasized that the obligation to fulfill the agreement is due to the honesty of each person. Not all clients refuse to pay, and certainly not all of them pay regularly, and in the end there are always fee contracts between the lawyer and the client that protect both parties to obtain their rights.
Fee differences
The lawyer, Salem Muhammad Obaid Al Naqbi, pointed out that there is a law for the law that regulates the work of the lawyer, and everything related to it within the UAE, including the lawyer’s fees, their estimation, and drawing up the path of litigation to ensure obtaining them, indicating that the law is a mental work, in which the lawyer provides a mental service. It is not a material commodity, and the estimation of the value of this work is primarily subject to the lawyer himself, as he is the most knowledgeable of people regarding the effort he has put into the case, including researching, developing a defense plan, drafting, writing, and pleading.
He pointed out that the difference in fees between one lawyer and another is due to the difference in experience, skill and effort, in addition to the possibility of the fees for a case of a certain type for the same lawyer differing from one client to another, according to the lawyer’s consideration of the circumstances of each client, as not all people are equal, and this applies. On the commitment of clients as well, as people differ in upbringing, upbringing and culture, and some of them may refrain from paying the remaining fees they owe to the lawyer, whether he wins the case or loses it, because the fees are not linked to winning the case, since the lawyer is required to exert care and effort, and is not required to achieve a result. .
Payment of fees
Recently, the courts witnessed many cases filed by lawyers accusing clients of refraining from paying the rest of the agreed-upon fees, despite performing their professional duty in all stages of the case until its conclusion. Clients also filed lawsuits against their legal representatives, demanding the return of the fees or part of them, or a reduction in the amount. Agreed.
In a dispute between a lawyer and her client, the Abu Dhabi Court of Cassation ruled to reject the client’s requests, and ruled again to oblige him to pay the law firm’s dues amounting to 485,702 dirhams in late fees, explaining that the contract is the law of contracting parties, and the client must fulfill what the contract required of him.
The Dubai Court of Appeal also upheld a ruling by the Civil Court of First Instance obligating two shareholders in a company to pay fees amounting to two million and 244 thousand dirhams to a law firm, after they evaded paying it, despite the office’s success in obtaining a final ruling for them from the Court of Cassation on their right to obtain… On 24 million and 419 thousand dirhams, the value of profits from a stock company that they co-founded, as the first paid 60 thousand dirhams, and the second paid 20 thousand dirhams.
In a third case, 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 large compensation for his client in the amount of 165,000 dirhams. The court ruled to oblige the defendant to pay the amount to the plaintiff.
A law firm filed a lawsuit against a former client, requesting that he be obliged to pay 46,500 dirhams, as he had represented the defendant in six cases, in exchange for 100,000 dirhams, and the defendant took the initiative to pay 53,500 dirhams. He failed to pay the rest of the agreed upon fees.
Return fees
On the other hand, the Abu Dhabi Court of Family, Civil and Administrative Claims ruled in a dispute case between an injured complainant and her lawyer in a commercial case, annulling the legal fees contract dated and notarized between the complainant (client) and the lawyer in the case, and obliging the lawyer to return to the complainant 180 thousand dirhams, according to the circumstances and circumstances. The lawsuit estimates the fees due to the lawyer at 10% of the agreed-upon fees of 20 thousand dirhams, and the latter must return the rest of the fees he received from the complainant, amounting to 180 thousand dirhams.
In another case, the same court obliged a lawyer to pay her client 44 thousand dirhams, 14 thousand that he had paid to her as part of the fees, and 30 thousand dirhams as financial compensation for the damages she caused him as a result of her misuse of the right to litigate, and then depriving him of his financial rights. The court obligated another lawyer to return to his client 5,250 dirhams of the value of the agreed upon fee advance, after the client dismissed him before starting work.
Loss of the right to fees
Lawyers have confirmed that, according to the Law on the Legal Profession, the lawyer’s right to claim his fees lapses after three years have passed from the date of termination of the agency, the completion of the work in place thereof, or his dismissal, and the absence of a legitimate excuse, whether the agreement was written or unwritten. If the work assigned to the lawyer is multiple, the statute of limitations applies. stipulated in the previous clause with regard to each work separately. As an exception to this, the statute of limitations does not apply until after the completion of the last of those works, if the works are inseparably linked to each other, or if it is explicitly agreed that fees will not be due until after all of them have been completed. .
. Litigants and business owners suggest issuing an approximate schedule of the value of fees, according to the type of case, taking into account the circumstances of the clients, and the experiences and rights of the lawyers.