A lawyer's case against her former client was recently dismissed by the Abu Dhabi Family, Civil, and Administrative Claims Court. The client had allegedly filed a malicious lawsuit against the lawyer, and the lawyer had claimed 51 thousand dirhams in compensation, claiming material and moral losses.
Abu Dhabi Court Rejects Lawsuit Over Alleged Malicious Complaint
The trial began with the attorney suing the client, claiming that she was due payment for services provided under three separate representation agreements. The attorney allegedly went after the client for payment after she had completed her work, as the client had refused to pay the agreed-upon costs.
In a surprising turn of events, the client retaliated by filing a complaint with the Lawyers’ Affairs Committee. The complaint accused the lawyer of violating legal ethics, breaching confidentiality, and neglecting to register an appeal. The committee, however, dismissed the client's complaint, stating that it caused material and moral damage to the lawyer.
The Court's'sationale for Dismissal
Everyone has the inherent and inalienable right to seek remedy via the courts, as the court made clear in its lengthy decision. On the other hand, it made it clear that legal action alone won't get you compensated unless you can establish that the other person was intentionally trying to hurt you. The court emphasized that there must be a mistake, there must be tangible injury, and there must be a causal link for a claim of damages to be valid.
Insufficient Evidence of Malice and Fault
The court found no evidence in the presented documents suggesting that the client's complaint before the Lawyers’ Affairs Committee was filed arbitrarily or maliciously. Moreover, it was not demonstrated that the client had lied in the content of the complaint. Without proof of fault on the part of the client, the court concluded that the lawsuit lacked a valid basis and ruled in favor of dismissing the case. Consequently, the court imposed fees and expenses on the lawyer who initiated the legal action.
To ensure a fair and reasonable legal procedure, as this case shows, it is crucial to prove malicious intent and guilt in order to obtain compensation for losses that arise from legal acts.
