Judicial principles and studies
Attorney's Fees and Judicial Custodian's Power to Contract
Decision reference: تمييز حقوق هيئة عامة رقم (٤٧٢٤-٢٠٢٥)
Brief summary: A power-of-attorney agreement signed by judicial custodians during their appointment and within their authority binds the principal (the defendant company) if representation conditions are met; attorney's fees are due upon signing the agency and fee agreement unless the agent failed in his duty.
Companies and partners
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
Smart reading summary
Understand and share the study quickly
Brief summary: A power-of-attorney agreement signed by judicial custodians during their appointment and within their authority binds the principal (the defendant company) if representation conditions are met; attorney's fees are due upon signing the agency and fee agreement unless the agent failed in his duty.
Key points
- Subject
- Summary
- Practical significance
Useful for: Useful for initial reading and identifying questions that may need legal review.
This automatic summary is based on the published text. It is not legal advice and does not replace checking official sources and reviewing the facts with a qualified lawyer.
AI generation is optional and subject to Gemini usage limits. Do not send client data or attachments from this card.
Subject
The study considers the effect of a power-of-attorney entered into by judicial custodians on behalf of a defendant company, and the entitlement to attorney's fees arising from that agency.
Summary
- Where a counsel-engagement agreement is concluded by judicial custodians during their appointment and within the scope of their legal authority, that agreement is treated as made by them as representatives and deputies of the company, remains effective and binding on the principal so long as it was executed in the company’s name and for its benefit, and acts performed before any later revocation of the appointment are not negated by that subsequent cancellation. This aligns with the application of Article (112) of the Civil Code to actions within delegated authority. - Under the Bar Association Law, fees accrue to the appointed lawyer upon signing the agency and a fee agreement, unless it is proven that the agent failed in his duty. It follows that a lawyer is entitled to full fees if removed from the mandate absent a lawful cause for the removal (per Article 48/1 and related provisions).
Practical significance
- For companies under judicial custodianship: contractual acts made by custodians during their mandate and within their powers can bind the company; agreements signed in the company’s name should be recognized even if the custodians’ appointment is later revoked. - For lawyers and principals: executing a power of attorney and a fee agreement typically gives rise to fee entitlement unless the lawyer has failed in performance; an unjustified removal does not normally defeat the lawyer’s right to full fees. Note: This is an educational summary only; it is not judicial text nor legal advice.
Frequently asked questions
Subject?
The study considers the effect of a power-of-attorney entered into by judicial custodians on behalf of a defendant company, and the entitlement to attorney's fees arising from that agency.
Summary?
- Where a counsel-engagement agreement is concluded by judicial custodians during their appointment and within the scope of their legal authority, that agreement is treated as made by them as representatives and deputies of the company, remains effective and binding on the principal so long as it was executed in the company’s name and for its benefit, and acts performed before any later revocation of the appointment are not negated by that subsequent cancellation. This aligns with the application of Article (112) of the Civil Code to actions within delegated authority. - Under the Bar Association Law, fees accrue to the appointed lawyer upon signing the agency and a fee agreement, unless it is proven that the agent failed in his duty. It follows that a lawyer is entitled to full fees if removed from the mandate absent a lawful cause for the removal (per Article 48/1 and related provisions).
Practical significance?
- For companies under judicial custodianship: contractual acts made by custodians during their mandate and within their powers can bind the company; agreements signed in the company’s name should be recognized even if the custodians’ appointment is later revoked. - For lawyers and principals: executing a power of attorney and a fee agreement typically gives rise to fee entitlement unless the lawyer has failed in performance; an unjustified removal does not normally defeat the lawyer’s right to full fees. Note: This is an educational summary only; it is not judicial text nor legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.
Study collection
Companies, contracts, and investment
Browse the other studies in this subject through its dedicated topical section.
Open study collectionA related service path
Corporate, governance, and investment advice
If this study is close to your matter, review the service scope and contact the firm to discuss the facts and documents.
Review the related serviceRelated Jordanian-law guides
Contextual links to related public guide routes; they remain limited to Jordanian law and do not replace matter review.