المسؤولية المدنية للمحامي تجاه الأضرار التي يلحقها بالموكل وفقا للقانون العماني

Abstract EN

Dr.

Abdullah bin Ali bin Salim Al ShibliAssistant Professor of Civil Law - Faculty of Law - Sohar University - Sultanate of OmanThe current research aims to determine the civil liability of the lawyer towards the damages that he inflicts on the client in accordance with the Omani law.

A descriptive analytical approach was used.

The research found a set of results related to the lawyer's civil liability towards the damages that he inflicts on the client according to Omani law.

The lawyer's civil liability is based upon the elements of error and damage and the causal relationship between them, as the existence of compensation is linked to the existence of the damage, and the basis of this liability may result from the contract or Of the provisions of the law, then contractual liability arises from the first and from the other tort liability.

The damages that occur to the client as a result of the lawyer's mistake are also varied, when they are reflected in his money, they are material damages, and in the event that the attorney's actions result in prejudice to the client's feeling and affection, the damage here is moral damage, and these errors may result in missing an opportunity or gaining the principal, even if it is possible.

The monetary compensation is estimated to make amends for the injured, and the judge may rule for compensation in a non-monetary manner, such as publishing the judgment in a newspaper, whenever this affects the feeling of the principal.

The right to hear the compensation lawsuit lapses if the principal does not submit a request for compensation during the three years following his knowledge of the occurrence of the damage and in all cases, whether or not the principal knew of the occurrence of the damage, his claim is not heard after fifteen years have passed from the occurrence of the damage.

Recommending that the Omani Lawyer Law include a special chapter dealing with the lawyer's civil liability for actions or professional errors that are made, and that will prompt the attorney to be more careful with his client at all stages of the case.

The lawyer is partially and not entirely accountable for serious and direct harm, and he is not held accountable for minor harm that is not available with bad faith, and the reason for this is not restricting the freedom of the lawyer who will not insure himself from filing a compensation lawsuit against him and thus will first fulfill the principal's instructions that may be Neglecting his interest, in addition to not being held accountable for missing out on the potential gain.

Key Words: Civil Responsibility.

Basis, Legal Nature, Lawyer, Law Organizing the Contract, Tort and Civil Transactions Laws.