Sharjah: Lawyer jailed for breach of trust after misappropriating client funds

Sharjah: A Sharjah court has convicted a practising lawyer of breach of trust after finding that she misappropriated funds entrusted to her under a legal power of attorney and failed to deposit them into a designated judicial enforcement file, in violation of both the law and professional obligations governing the legal profession.

According to Al Bayan newspaper, the case stemmed from a complaint filed with the authorities alleging that the lawyer, acting as a legal representative, had requested the transfer of sums due under a final ruling in a personal status case.

 She claimed the money would be deposited with the relevant authority and that she would complete the required legal procedures on her client’s behalf. The funds, however, were not fully deposited as stated.

As a result, enforcement proceedings against the client continued, and legal orders were issued in his name, eventually revealing a serious breach of the duties of agency. 

The wrongdoing came to light after the affected party sought advice from another law firm, which alerted him to his rights and represented him in the criminal proceedings as a civil claimant.

During the trial, the Sharjah Court of First Instance (Misdemeanours Division) reviewed the full case file, including official documents, financial reports issued by the competent authorities, related correspondence, and statements from the parties involved. 

The court concluded that the offence had been proven, noting that the defendant failed to provide any evidence showing that the funds had been deposited for the purpose for which they were received.

In its reasoning, the court emphasised that the money in question had been handed over to the lawyer in her capacity as an authorised agent, creating a clear legal and professional obligation to manage the funds in good faith and use them strictly within the scope defined by law. Her failure to do so, the court said, constituted the crime of breach of trust.

The court sentenced the lawyer to two months in prison and ordered her to pay the applicable court fees. It also ruled that the associated civil claim for compensation be referred to the competent civil court, citing the need for a separate and independent assessment of damages.