Court of Cassation, Civil Judgment no. 97 of 2014

The consultant was not permitted by the court to keep the claimant's records due to the rules of the law. As a result of the claimant's failure to pursue the proper compliance proceeding...

MARCH 24, 2021

1.Principles

  • The provisions of the Law on the Regulation of the Legal Profession and the General Principles of Attorney ship cited within the Civil Transactions Law regulate the contract between a lawyer and his client.
  • Article 26 of Federal Act No. (23) of 1991, which governs the legal profession, also defines this concept. When a power of attorney is terminated, the lawyer is required to return documents obtained from his client that he does not have the legal authority to keep in order to be reimbursed for the fees to which he is entitled.


2.Facts

The complainant granted a legal consultant the right to represent her in court and protect her rights in litigation brought against her or initiated by her on August 29, 2007. The complainant removed the power of attorney on January 3, 2013, and demanded that the consultant hand over her papers and records relating to the compilation of three checks. However, the consultant continued to keep the executive formula of the contested judgment in order to prevent the complainant from executing it until the consultant's fees were paid in full.

The complainant was asked to pay the consultant's fees, but she declined, and the power of attorney was revoked.


3.The Judgment

The consultant was not permitted by the court to keep the claimant's records due to the rules of the law. As a result of the claimant's failure to pursue the proper compliance proceeding, the act of keeping her records resulted in damages and injury. Where the court states that this would not prohibit the consultant from filing a claim against her to recover his legally required professional fees.

Author:

Amr Kassem

Legally Reviewed by:

Ahmed Ibrahim

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