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Legal malpractice, also known as professional negligence in the United Arab Emirates (UAE), occurs when an attorney doesn't perform up to the standard of care, skill, and diligence that's expected in the legal profession and results in injury or damage. This kind of negligence is taken very seriously in Abu Dhabi, the capital of UAE, where lawyers are accountable under the Federal Law No. 23 of 1991 (the Legal Profession Law) and other standards of professional conduct enforced by the UAE Bar Association.
You may need a lawyer if you believe your former attorney failed in fulfilling his or her duties, causing harm to you or your case. For instance, situations like missed deadlines , falling short in performing due diligence, giving wrong legal advice, or misusing funds can all be grounds for legal malpractice complaint. Navigating such complicated cases requires legal guidance from an experienced malpractice lawyer who understands the concept of legal negligence according to UAE laws.
In Abu Dhabi, legal malpractice is covered under the umbrella of professional negligence laws. These laws are defined by Federal Law No. 5 of 1985 on the Civil Transactions Code along with Federal Law No. 3 of 1987 (Penal Code). The procedures for malpractice claims are further governed by Federal Law No. 11 of 1992 (the Civil Procedures Code). Based on these codes, it is mandatory for a lawyer to uphold the interests of their clients, maintain confidentiality regarding case details, and display adequate competency in handling legal matters. Failure to do so can lead to legal consequences.
Legal malpractice occurs when an attorney doesn’t perform up to the standard of care, skill, and diligence that is expected in the legal profession, and that failure results in a client's injury or damage.
You should consult with a legal malpractice lawyer who can guide you through the process of making a complaint to the appropriate legal authorities, usually starting with the UAE Bar Association.
Legal malpractice claims in Abu Dhabi should typically be filed within three years of the malpractice occurring, according to Federal Law No. 5 of 1985 on the Civil Transactions Code.
Yes, if you prove a legal malpractice, you may recover direct economic losses, corrective legal expenses and non-economic damages such as mental distress and reputational damage from the attorney at fault.
In case of proven malpractice, a lawyer can face disciplinary action, disbarment, suspension, fines, or even prison sentences in severe cases.
Yes, you can sue if you can demonstrate that the advice was negligently given and your reliance on that advice led to a financial loss.
Yes, in general you would need a new attorney specialising in legal malpractice to present your case properly and impartially.
Yes, the UAE’s Ministry of Justice and UAE Bar Association among other legal entities regulate legal practices across the UAE, including Abu Dhabi.
Depending on the circumstances, either the individual lawyer, the law firm, or both can be sued for legal malpractice.
Anyone who is providing legal assistance must adhere to the UAE's professional conduct standards. Therefore, law students and paralegals can commit negligence, however, given that they tend to work under the supervision of qualified lawyers, the supervising lawyers may be held accountable for their mistakes.
The Ministry of Justice, the Abu Dhabi Judicial Department (ADJD), and the UAE Bar Association can serve as valuable resources for understanding about legal malpractice, providing information on attorney duties, rights of clients, and steps for resolving potential malpractice claims.
If you feel that you are a victim of legal malpractice, it is advisable to consult with an experienced malpractice lawyer in Abu Dhabi. They can help you understand the strength of your case, guide you through the process, and represent your interests during proceedings.
