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How can a client retrieve original documents if a lawyer confiscates them?

Dear Sir/Madam,

If a lawyer confiscates the original documents of a client, what is the remedy for the client to retrieve them?

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London Center for Legal Consultancy Office
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26 Feb 2024, 18:28

Dear Questioner,

According to Article 4 of the UAE Federal Law No. 10 of 1992 on the Practice of the Profession of Advocacy, a lawyer is required to return all documents and papers belonging to the client upon the termination of the lawyer-client relationship.

Therefore, if a lawyer has confiscated the original documents of a client, the client has the right to demand the return of these documents.

The first step would be to contact the lawyer and request the return of the documents. If the lawyer refuses to return the documents, the client can file a complaint with the local bar association or the Ministry of Justice.

The bar association or the Ministry of Justice may intervene and mediate between the lawyer and the client to resolve the issue.

If the lawyer still refuses to return the documents, the client can file a civil case against the lawyer in the local court.

The client can also file a criminal complaint against the lawyer for theft or embezzlement of the documents.

It is important for the client to keep copies of all the documents and to document all communication with the lawyer regarding the return of the documents.

This will serve as evidence in case legal action needs to be taken.

In conclusion, the client has the right to demand the return of their original documents from the lawyer and can take legal action if the lawyer refuses to comply.

It is recommended to seek the assistance of a legal professional in such situations to ensure the proper legal procedures are followed.

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Shamsa Albedwawi Advocates & Legal Consultants
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27 Feb 2024, 05:30

Hi,

A lawyer is not allowed to withhold or confiscate the original documents of their client.

If a lawyer does so, the client has the right to file a complaint with the competent authority, which is the Ministry of Justice.

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KHE Legal Consultancy
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27 Feb 2024, 10:20

Dear Questioner,

Lawyers must provide clients with a receipt acknowledging the receipt of any documents entrusted to them. So upon receipt, you can claim all your documents from the lawyer itself.

If your lawyer refuses to return your documents, you can file a formal complaint with the relevant legal department in your emirate.

If you need further clarification, you may ask.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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27 Feb 2024, 12:25

Dear Questioner,

If you believe you have grounds to have your documents returned back to you, you can reach out to the legal affairs department and file a complaint against Advocates and Legal Consultants.

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