أحكام إنابة المحامي لغيره من المحامين في الخصومة القضائية : دراسة تحليلية تطبيقية وفقا للقانون الأردني

Abstract EN

Letter rogatory occurs when a lawyer delegates another lawyer, in a specified case and by a written letter signed by him, to perform legal tasks and duties assigned to him by means of his agency, on his responsibility, and in accordance with the conditions stipulated in the agency agreement.

Under article 44/2 of the Jordanian bar association law,and article 63/4 of Civil Procedure law .the lawyer has the right to delegate one of the other lawyers, even when his agency agreement includes no stipulation that permit such delegation as long as such agency agreement is absent from any provision that prevents the lawyer from making letter rogatory, by delegating some or all of his duties under the agency agreement.

When such prevention exists in the agency agreement then the lawyer is not allowed to make letter rogatory.

One of the most important conditions to consider for a valid letter of rogatory is to be made when strict necessity requires only, so that the lawyer's right to make letter rogatory is not made absolute and restricted by the delegating lawyer.

Letter rogatory right is restricted to lawyers since the subject matter of the delegated tasks is a soliciting task, thus, letter rogatory can only be done by lawyers and no lawyer can delegate another to perform his assigned tasks unless he himself is an admitted lawyer, provided that legal transactions that can be subject to such letter of reogatory is restricted by tasks the lawyer can perform under his own agency agreement