30 March 2023
09 Ramadhaan 1444
عربي
The entities before which the lawyer is practicing law shall be required to provide him with the facilities as good performance of his duty requires, and shall permit such Lawyer to attend the investigation and review the documents of cases unless the investigation's interest requires otherwise, and this must be recorded in writing in the case file. Once the investigation comes to an end, the lawyer shall be entitled to obtain a copy of the case file.
The lawyer may, if acting as an attorney in the action, authorize another lawyer to assume lawyer’s own responsibilityand to act on his behalf and appear before the court and file pleadings or take the other litigation proceedings without a special power-of-attorney, unless the power-of-attorney issued for such Lawyer in the action provides otherwise. Likewise, should the lawyer be a party of interest in the action, he shall be entitled to authorize another lawyer to act as stated above without having special power-of-attorney.
It shall not be permitted to place the office of a lawyer nor the content thereof, that are necessary for the practice of Lawyer’s profession, under attachment procedure.
Any person, who assaults or otherwise insults the lawyer, whether verbally, by sign or threat, while performing his professional duties or as a result thereof, shall be penalized by the penalty prescribed for committing the same crime against any of the members of the court.
Except for the cases of flagrante delicto, the lawyer may not be arrested, put on provisional detention, be interrogated and his office be inspected for matters pertaining to performance of his profession, save where the director of prosecution is informed and by virtue of an order to be issued by the competent judge.
The lawyer shall be entitled to receive fees for the duties performed by him within the area of his profession. Such Lawyer shall further be entitled to be reimbursed for all the expenses incurred while undertaking the legal proceedings or the works assigned to him. Should the matter, which is the subject of agreement, give rise to other subsidiary matters not agreed upon, the lawyer shall be entitled to claim fees for such matters. Where the lawyer concludes a case by conciliation or arbitration, as authorized by his client, in such case Lawyer shall be entitled to receive the agreed-upon fees provided there is no agreement to the contrary.
The lawyer's fees shall be determined according to the agreement made with the client. However, entitlement of the fees shall not be conditional upon winning the action, nor may the amount of such fees be subject to the amount of Claim or subject to the amount awarded.
Unless otherwise agreed between the parties, the lawyer-client relationship shall not terminate, and the lawyer shall not be entitled to receive his fees in full, save from the date of executing the judgment passed in the action for which he is commissioned or from the date of executing the order to be performed by the Lawyer.
The lawyer shall be entitled to receive his fees in full if dismissed by the client or his heirs without cause before ending the assignment delegated to him; but should there be an acceptable justification for such dismissal; the lawyer shall be entitled to receive fees for the efforts he has expended and the outcome achieved, which fees shall be determined in accordance with the agreement made between both parties, if any.
Should the lawyer's fees be not determined by a written agreement, or should the agreement be rendered null and void, both the lawyer and his client shall then be entitled to determine the amount of such fees, by instituting an action by ordinary means before the competent court. Upon deciding the due fees, the court shall take into consideration the case's importance, the efforts made by the lawyer and the outcome attained.
Where there is a written agreement on the due fees, the lawyer shall then be entitled to retain the original papers and documents belonging to his client or retain the amounts collected on behalf of his client and to client's benefit as equal to the amount of fees claimed by him which remains unpaid by the client as per the agreement. Where there is no written agreement on the fees, the lawyer shall be entitled to obtain photocopies of the original papers and documents as deemed appropriate to be relied upon in the claim of fees at the client's expense, and shall be bound to return such documents once the Lawyer have received from client the expenses for their issuance.
The fees of the Lawyer shall have priority with regard to the funds awarded to his client as a result of the work of the Lawyer or as a result of the judgment in the case which is the subject matter of the power-of-attorney.
The lawyer's right to claim his fees from the client or from Client’s heirs shall be abated; where there is no written agreement made with regard thereto, after the expiry of five calendar years as from the date whereon the power-of-attorney expires or the client dies, as the case may be, and this period shall be interrupted by claiming the fees by a registered letter with acknowledgement of receipt.
If the Lawyer dies or sustains full disability hindering him from practicing his professional duties, the committee shall then appoint a lawyer as representative of lawyer’s heirs, or as a representative of the Lawyer who sustained full disability, to wind up the lawyer’s office works and report to the committee.