أحكام مصادقة المحامي على الوكالة القضائية بالخصومة في القانون الأردني

الملخص EN

This study examined the rules of lawyer's certification on judicial agency for litigation, considering that certification of judicial agency by a lawyer is one of the requirements of the validity of judicial work for such agency to be a document that is considered as an absolute evidence against parties and others in judicial proceedings, which means that the lawyer's certification of the agency is the formality required by the law for the legal effectiveness of the agency.

We found that the lawyer's right to certificate his client's signatures is limited to the matters searched in paragraph 1 of article 6 of the Justice of the Peace Law.

We clarified that Article 44/1 of the Law of the Jordanian Bar Association does not grant the lawyer the right to certify his clients' signatures unless the agency is a special one, however, in relation to general agencies, it should be organized and certified under the jurisdiction of the Justice of the Peace, which means that the training lawyer has no right to certify special agencies for litigation.

The law decides no conditions for lawyers' certification of special agencies for litigation, thus, after the client's signs the agency it is sufficient that the lawyer certifies the agency by signing it taking into consideration that the certification indicates the personality of the lawyer who certified the agency, and that such certification shall be indicated on the same agency document in presence of the client.