The Abu Dhabi Family, Civil and Administrative Claims Court ruled to reject a lawsuit filed by a lawyer against a former client of hers, in which she demanded compensation for filing a malicious complaint against her.
In the details, a lawyer filed a lawsuit against a client, in which she demanded that he be obligated to pay her an amount of 51 thousand dirhams, in compensation for material and moral damages, and obligating him to pay the fees and expenses of the lawsuit, and in exchange for the fees, with the ruling including expedited entry into force, noting that the defendant concluded three agreements with her to represent him. In lawsuits, after performing her duties, she shied away from paying the fees, so she filed a financial claim against him. While the case was being considered, she was surprised by his filing a complaint against her before the Lawyers’ Affairs Committee, claiming that she had violated the conditions of lawyering, revealed his secrets, and did not register his appeal. After responding to that complaint, the committee decided The complaint was filed, and this caused it material and moral damage, while the defendant submitted a response memorandum requesting that the case be dismissed.
For its part, the court explained in the merits of its ruling that the right to resort to the judiciary to defend the right protected by the law is one of the legitimate public rights that are established for all, and it does not entail accountability for compensation unless it is proven that whoever exercised this right deviated from what was assigned to him and used it maliciously in order to Harmful to his opponent without the benefit he seeks from him. The court indicated that compensation for damage requires the fulfillment of the elements of responsibility, such as error, damage, and a causal relationship, noting that the papers were devoid of anything indicating that the defendant was arbitrarily filing the complaint before the Lawyers’ Affairs Committee or that it was merely a malicious complaint, and it was also not proven that he lied in what he decided in his complaint. Hence, the element of error on the part of the defendant has not yet been proven, since the lawsuit was filed without any basis, and the court ruled to reject the lawsuit as it stands, and imposed fees and expenses on the plaintiff.
• The defendant had previously filed a complaint against his lawyer, accusing her of revealing his secrets.
#lawyer #demands #thousand #dirhams #client #compensation #malicious #complaint
