A lawyer loses a lawsuit “for not making enough effort”

The Civil Court in Dubai rejected a lawsuit filed by a lawyer against a company, a previous client, to demand the remainder of fees due.

In her reasons, she stated that “his loss is due to his lack of effort to prove his lawsuit.”

In detail, a lawyer filed a lawsuit against a company, requesting that it be obligated to pay the amount of 87 thousand and 969 dirhams remaining from fees due for legal services that he submitted to the limited liability company, in addition to the legal interest at 5% of the date of entitlement until the full payment, and obliging them to fees, expenses and law fees .

He said in a statement of his claim that the defendant company did not fulfill its obligations regarding him and refrained from paying the amount he was demanding.

He provided a support for his lawsuit a copy of the contract of legal services agreement, in addition to two receipts that prove the payment of the company about 68 thousand dirhams, and another image proving his work as a legal agent for the defendant, and a copy of a complaint he submitted to the police station against it.

For his part, the company’s defense expressed what indicates that the plaintiff violated his obligations to the company and did not return to it with any benefit, and presented a legal memorandum that was challenged by forgery on the contract submitted by the plaintiff, for the contradiction between the original text and the attached translation.

After hearing the lawsuit, the court indicated in the reasons for its ruling that in relation to challenging the forgery of the contract, the decision is legally that forgery is to change the truth in an editor with pictures, including deletion, addition and artificiality, and in light of the lack of fraud in the editor itself, it cannot be considered forged according to the legally considered meaning.

She explained that «the translation is only a work of art subject to the estimation of the court, and there is no contrast between it and the original text forging, which the court turns away from this payment.

She pointed out that the constant has according to the contract the support of the lawsuit, which the plaintiff needs that the lawyer has the right to sue the fees for what he does, according to the effort required by the case, and what he returns to his client of the benefit, and it is not permissible to reduce fees if the agreement is done after the completion of Work, if there is no written agreement between the lawyer and his client, or if the agreement is null, then the court has the assessment of fees in a way that suits the effort.

She pointed out that it is scheduled to be eliminated that it is inexpensive to direct the opponents to the requirements of their defense, and according to her to establish their judiciary according to the evidence and the documents presented to them, as it is inexpensive to prove the opponent’s defense, but rather they must provide the evidence for what they claim.

She added that it is also decided that the plaintiff is legally charged with proving his lawsuit and providing evidence for what he claims, and if he is unable to do so, he will lose the lawsuit, and then the constant has according to the documents submitted by the plaintiff in this lawsuit that he did not make an effort to prove the benefit that he returned to his client And according to the documents he presented himself, it turns out that he received about 68 thousand dirhams, which is the amount that the court sees as an equivalent of his effort, and it is an arrangement on that by rejecting the lawsuit.