ADJD suspnded the license of a lawyer for six months for failing to guard her consumer’s property – UAE

The ADJD Legal professionals Disciplinary Board issued a call to droop the license of a lawyer for a interval of six months, as a consequence of her failure to supply the required safety for her consumer’s funds in a cash declare exceeding 500 thousand dirhams. This resulted in imposing a penalty on the lawyer as she breached her obligation to handle her workplace straight and empowered others to take action, opposite to the legal guidelines and rules in power for regulating the authorized career.

Based on the case particulars, a criticism was filed in opposition to a lawyer by her consumer who retained the latter to file a fee order software earlier than Abu Dhabi courts, noting that the claimed quantity is greater than 5 hundred thousand dirhams paid in cheques. Surprisingly, the consumer later obtained a request from the defendant, to get well the unique cheques, because the regulation agency obtained the claimed quantity underneath receipt vouchers issued underneath its stamp, and didn’t handed them over to the complainant, with out the lawyer’s information or an authorization by the consumer to make settlements or obtain cash exterior the courtroom.

Upon informing the lawyer of the criticism particulars to defend herself, she argued that the complainant has many circumstances with the workplace, however she has no information of this case and didn’t signal an settlement with the consumer for authorized charges. She additionally indicated that there’s a felony criticism filed in opposition to her worker who used to work for her earlier than he fled the nation. This criticism is expounded to the receipt vouchers issued underneath the workplace stamp and whether or not this worker has or has not obtained the monetary quantity associated to the case.

The Legal professionals Disciplinary Council acknowledged in its reasoning of the choice: after analyzing the topic of the criticism and the response submitted by the defendant and following the examination of the proof and paperwork associated thereto, it turned clear that the quantity was obtained by one of many regulation agency workers on behalf of the complainant and was not handed over to her. This varieties a violation of the legal guidelines in power, the foundations {of professional} conduct and the ethics of the authorized career, because the lawyer has an obligation to protect a consumer’s funds, run the agency straight, and chorus from empowering different to handle the workplace.

The board acknowledged that the criticism supporting paperwork included a proof of receiving the cash underneath receipt vouchers by one of many regulation agency workers. This evidences that the lawyer did not straight comply with up and run her enterprise which resulted within the receipt of the quantities by one among her workers. This constitutes a violation of the necessities of Article 28 of the chief rules of the regulation regulating the authorized career, which stipulates {that a} lawyer shall be personally chargeable for managing his/ her regulation agency in accordance with the license issued to him/ her by the competent authority, and he/ she shall even be chargeable for the authorized work and the circumstances he/ she is entrusted with. He/she is prohibited from delegating powers to others to handle it or lease it to others. As an exception to this, a lawyer who has a purpose that stops him/ her from working the workplace might assign one other practising lawyer to handle his/ her workplace for a interval not exceeding 6 months, topic to serving a discover to and acquiring the approval of the competent authority which issued the license.

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