Final judgment dismisses claim for 170,000 dinars and returns seized amounts
A court ruling rejected a financial claim of 170,000 dinars against the lawyer Ismail Dashti’s client, while recalculating the fees due in accordance with the law and ordering the return of funds previously seized to enforce a prior court judgment.
The case dates back to a lawsuit filed by a lawyer against Dashti’s former client, demanding the remaining fees agreed upon under a fee contract after the termination of the agreement and the revocation of the power of attorney.
A default judgment was issued in favor of the plaintiff, which became final after the appeal period expired. The plaintiff then proceeded with enforcement measures, including the seizure of the defendant’s funds held in banks.
Upon learning of the judgment and the seizure measures, the client appointed lawyer Ismail Dashti, who filed an objection to halt the disbursement of the seized funds and appealed the judgment on the grounds of a procedural error in the notification.
The Court of Appeal annulled the judgment and remanded the case to the court of first instance. Before the Third Civil Chamber, Dashti argued that the amount of fees claimed was disproportionate to the effort expended and the benefit accrued to his client.
After reviewing the documents and the work performed by the lawyer, the court rejected the claim for the remaining balance and recalculated the fees in accordance with the law. The judgment became final after being upheld on appeal, thereby enabling the return of the seized funds to lawyer Dashti’s client.