The Al-Ain Court of First Instance has rendered a judgment compelling a lawyer to reimburse his client with a sum of 23,600 dirhams, representing an advance payment for services not rendered as per their agreement.
As The client initiated legal action against the lawyer, seeking restitution of the aforementioned amount, along with an additional 7,000 dirhams in compensation, as well as incurred fees and expenses.
The client argued that they had established a contract with the defendant, acting as legal counsel, to carry out specific legal tasks. This included initiating legal proceedings related to check enforcement, for which the client provided a power of attorney and transferred the agreed-upon fee to the defendant's account. However, the defendant failed to fulfill the agreed-upon obligations.
In response, the defendant filed a counterclaim, requesting the dismissal of the original lawsuit and seeking compensation of 3,650 dirhams plus an additional 5,000 dirhams for material and moral damages resulting from delayed payment of attorney's fees. The defendant argued that the plaintiff's claims were baseless and caused him financial harm. However, the court determined that the plaintiff had indeed engaged the defendant, as evidenced by the provided power of attorney and bank transfer records, and that the defendant had neither fulfilled his obligations nor provided evidence to the contrary.
Consequently, the court invalidated the verbal agreement between the parties and ordered the defendant to return the funds received. The court denied the plaintiff's request for additional compensation, citing their failure to substantiate the damages resulting from the defendant's breach of contract. The court ruled in favor of the plaintiff, mandating reimbursement of the advance payment and associated expenses while dismissing all other claims made by both parties.
In summary, the court's decision underscores the importance of upholding contractual agreements and the obligation of professionals, such as lawyers, to fulfill their duties to their clients.
