KHALEEJ TIMES, Wednesday, Sep 1, 2021 | Muharram 24, 1443
Lawyer’s licence cancelled for seeking 25% of Dh3 million awarded as compensation
Emirates:
An Abu Dhabi-based lawyer’s license has been cancelled for taking a cut from Dh3
million awarded as compensation in a medical negligence case. The law requires
lawyers to charge a fixed fee instead of a percentage from claims.
The Abu Dhabi Court of Cassation upheld the decision issued by the Lawyers
Disciplinary Council to permanently cancel the lawyer’s licence for violating
his professional duties.
“Besides, he refrained from handing over the compensation amount ordered by the
court. He had received the amount based on a power of attorney issued to him by
the plaintiff. Thus, he breached his professional ethics and obligation towards
his client,” the court ruled.
The plaintiff and the lawyer had filed a compensation claim against a hospital
for a wrongful medical diagnosis of the former’s wife. The lawyer sought 25 per
cent of the compensation amount from the plaintiff.
The court awarded Dh3 million as compensation, which the lawyer received on
behalf of the complainant. Of this amount, he deposited only Dh200,000 in the
plaintiff’s wife’s account.
“According to article 31 of the law regulating the legal profession, a lawyer
may not buy any disputed rights wholly or partly nor may he agree to take part
of them in return for his fees. The condition provided for in the agreement in
relation to payment of attorney fee out of the decided award is deemed illegal,”
the court ruled.