أسئلة وأجوبة
Can a law firm sue me for unpaid fees if they have not represented me yet?
Hello Everyone,
Can a legal firm sue for not being able to pay legal fees?
They haven't represented me yet. Only a POA was issued, and a letter of engagement was signed.
Now they want me to pay the fees, but they will not represent me. How do I defend myself in this situation?
Dear Valued Client,
Thank you for reaching out regarding your concerns about potential legal action for unpaid fees!
Based on the information you've provided, please find below a professional assessment and recommended course of action:
1. Legal Framework:
In the UAE, legal fee agreements are governed by specific regulations. Lawyers are required to have a written fee agreement before commencing work. The letter of engagement you signed likely outlines the agreed-upon fees and terms.
2. Scope of Work and Fees:
While the firm hasn't represented you in court, it may be entitled to charge for preparatory work, such as drafting documents or conducting legal research. However, fees should be commensurate with the work performed.
3. Recommended Actions:
a) Review the Letter of Engagement: Carefully examine the terms, focusing on fee structures and conditions for payment.
b) Document Review: Compile all correspondence and documents related to the firm's work and fee discussions.
c) Negotiate: Attempt to resolve the dispute amicably with the law firm. Explain your position and, if applicable, your financial constraints.
d) Seek Mediation: Consider professional mediation as a cost-effective alternative to litigation.
4. Legal Recourse:
If amicable resolution fails, you may:
- File a complaint with the Dubai Legal Affairs Department or Federal Legal Affairs Department.
- These authorities can review fee disputes and take appropriate action if ethical violations are found.
5. Protection Against Unjustified Claims:
- Ensure all communication regarding fees and representation is documented in writing.
- Be aware that contingency fees based on a percentage of the claim amount are generally not permissible in the UAE.
6. Professional Evaluation:
Consider engaging an independent legal professional to review your case and provide an objective assessment of the fees in question.
Remember, while law firms can pursue legal action for unpaid fees, they must justify their charges based on work performed and adhere to ethical guidelines. If you believe the fees are unreasonable or the firm has not fulfilled its obligations, you have avenues for dispute resolution through the appropriate legal authorities.
If you require further assistance or clarification, please don't hesitate to contact us.
Best regards,
Dear questioner,
If the legal firm has not provided any services yet, review the Letter of Engagement and Power of Attorney to verify your obligations.
You may negotiate with them to amend or cancel the fees. If no resolution is reached, you can file a complaint with the Department of Economic Development (DED) or the Lawyers’ Disciplinary Committee.
Consulting another lawyer to assess your legal position is also advisable.
Feel free to contact us for legal assistance.
Mohamed Salah Shoeib
Legal Consultant
Dear Inquirer,
Thank you for reaching out!
Whether a legal firm can sue for unpaid fees depends on the terms of your engagement letter and any applicable laws.
If the firm has not provided legal services beyond issuing the POA and signing the engagement letter, their right to demand payment may be limited.
However, certain jurisdictions recognize engagement-related fees as valid claims.
To assess your best defense strategy and explore possible solutions, we recommend booking a consultation with our legal experts.
You can schedule an appointment through our website or contact us directly for assistance.
Best regards,
To effectively challenge this, a detailed review of your engagement terms and correspondence with the firm is necessary.
I can assist you in formulating a proper defense and negotiating a resolution.
Feel free to reach out to me.
Hello,
If the legal firm has not provided any representation or performed any legal services on your behalf, you can argue that you should not be liable for the payment, especially if they haven’t initiated any legal work or provided tangible services.
In many jurisdictions, if a law firm has not provided the agreed-upon services, it cannot demand fees for work that hasn’t been done.