الجهة المختصة في تحديد أتعاب المحاماة : دراسة في أحكام قانون نقابة المحامين النظاميين الأردني و القوانين المقارنة

الملخص EN

The current research addresses the issue of assigning the competent parties to determine the attorney’s fees by using an analytical study according to the Jordanian law and the comparative laws focusing on the formal and objective conditions.

according to article (46/2) of the Jordanian bar association law and its amendments, the jurisdiction that determines the attorney fees–in the absence of a written agreement between the related parties on this matter–falls under the competent committees of the bar association.

moreover, in order to implement this, several formal and objective requirements should be met.

formal conditions include the necessity for the person who requests to estimate the fees to be a practicing lawyer and an agent in the same lawsit.

objective conditions necessitate that the work or service for which the lawyer is required to determine the fees falls within the same legal scope, and that no written agreement between the lawyer and their client to determine the fees of the work or service is available.

this study concludes that the approach adopted by the Jordanian legislator is not sound when defining the “committees of the bar association” as a competent authority in assessing the fees in the event of no explicit written agreement, and that this contradicts the majority of comparative laws on this matter, which we wish our legislator to follow.