Ask Gulf News: Can a lawyer recover full fees even after losing the case?

Question: I had a professional agreement with a lawyer; I paid half of the charges and lost the case. The lawyer wants to file a case against me to recover the full charges. Does he have the right to recover all the charges even though I lost the case? Please advise. 

Answer: Losing a lawsuit does not in itself void a lawyer’s right to be paid, because legal fees compensate for professional services and representation, not for a guaranteed winning outcome and thus, a lawyer is generally entitled to receive the agreed fees for the professional work performed within the scope of the power of attorney and may also recover expenses necessarily incurred in handling the case.
However, the client may request the court to reduce the agreed legal fees if they are excessive in light of the effort expended by the lawyer and the benefit obtained by the client. 

This is provided under Article 52 of the Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession which states that “ The lawyer shall receive his / her fees according to the retainer agreement with the client. In addition, the Court that hears the case shall have the exclusive jurisdiction to reduce, at the client's request, the agreed fees of the lawyer, if the court is convinced that such fees are overestimated compared to the effort of the case and the benefit generated by the client. Moreover, the Court may increase the value of the agreed fees at the request of the lawyer if the latter makes effort and dedicates time for the underlying case in excess of the effort and time initially estimated as being required from the lawyer under the agreement”