المسؤولية المدنية للمحامي عن فعله غير المشروع و فعل غيره وفقا لقانون المعاملات المدينة الإماراتي و قانون ممارسة مهنة المحاماة : دراسة مقارنة

Abstract EN

The purpose of this study was to identify the civil liability of the lawyer against his unlawful acts, and the acts committed by others.

The researchers concluded that laws organizing the profession of law - subject of this study- do not specify the basis and nature of the lawyer's responsibility against his unlawful acts and the acts committed by others (vicarious liability); leaving it to the general rules.

These laws only stipulate a disciplinary responsibility which is inadequate to achieve justice for the injured party.

The researchers affirm the necessity of applying remedies for the injured party as a result of the negligence of the lawyer or others who work under his supervision or anyone else, once the damage is proved.

The criteria should be based on the gross fault not the slight fault in comparison to other lawyers of a similar experience.

The researchers also concluded that the lawyer should be responsible for the injuries committed by others -whether his agent, or an assistant lawyer- based on the contractual liability in case where there is no subordinate relationship between them, but in case the injury was committed by others – whether a lawyer or non such as trainee lawyer or a secretary- who work under the supervision of the lawyer then the lawyer's responsibility will be based on the tortuous liability according to the principles of the subordinate relationship between the master -which is the lawyer in this case- and the follower.

The researchers recommended that the laws subject of the study should adopt the professional insurance as a basis of the civil liability of the lawyer whether it was contractual or tortuous liability against acts committed by others, without assigning the responsibility on the master –lawyer- due to the acts of the follower based on the subordinate relationship.