June 13, 2022 16:02
Ihab Al Rifai (Al Dhafra Region)
A law firm demanded from its client that it pay 3 million dirhams in the value of its fees for the legal advice and pleadings it provided before the judiciary. Dirhams and 12% legal interest, explaining that according to a legal services contract between the plaintiff and the defendant’s representative, it was agreed that the defendant would appear before the courts, and accordingly a legal agency was issued, provided that the plaintiff provide legal advice.
After the case was deliberated before the Abu Dhabi Court for Family and Civil and Administrative Claims, the court ruled first: The invalidity of the third clause in the contract related to the cases in the first, second and fourth paragraphs of the fee agreement, in calculating the fees based on the outcome and removal of all its effects, within the amount of 2,980,500 dirhams and the subsequent effects in This part, which leads to a request for attorney’s fees, has been established in a way other than the way established by law, while obligating the one who raises it to pay the expenses.
Second: To obligate the first defendant to pay the plaintiff an amount of 204,040 dirhams in expenses and fees for lawsuits and legal advice, while obligating the first defendant to pay the fees and expenses of this request.
The court explained in the rationale for its ruling that the evidence from the papers that the plaintiff had filed his suit to claim the value of the expenses incurred and legal advice, and it was established in the contract “Second Clause” that all services are in exchange for an annual amount of 250,000 dirhams, and it is proven in the papers that the relationship between the two parties lasted for a period of one year, 3 months and 18 days, meaning that the total amount is 325,000 dirhams, and the amount was settled and a total of 123,375 dirhams was paid, and therefore what the plaintiff is owed is 201,625 dirhams, in addition to the total fees due to the plaintiff in the amount of 2415 dirhams, and accordingly the court decides.
The court confirmed that the value of the fees is only after knowing the value of the lawsuit filed and the issuance of the judgment, whether the case was entrusted to it as a plaintiff or a defendant. The third item related to issues in I, II and IV of the fee agreement.
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