Bar Association Law
The Jordanian Lawyer’s Right to Recover Attorney’s Fees
A concise overview of the legal framework governing a Jordanian lawyer’s entitlement to fees, and the mechanisms for fixing and enforcing them. The summary addresses the statutory cap, dispute-resolution procedures and consequences of terminating the mandate.
Courts and procedure
Bar Association Law
Updated: 11 July 2024
Editorial summary linked to the identified external source; it is not the original source text.
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A concise overview of the legal framework governing a Jordanian lawyer’s entitlement to fees, and the mechanisms for fixing and enforcing them. The summary addresses the statutory cap, dispute-resolution procedures and consequences of terminating the mandate.
Key points
- Legal Basis and Limits on Fees
- Fixing Fees and Resolving Disputes (Bar Committees and Courts)
- Effects of Termination, Dismissal, Withdrawal and Death
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.
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Legal Basis and Limits on Fees
Jordanian law recognizes a lawyer’s entitlement to fees under the Bar Association Law and generally caps contractual fees at 25% of the disputed value, except in exceptional cases subject to the Bar Council’s assessment. Practically, fee agreements should be recorded in writing where possible to reduce disputes; courts and the Bar Council retain powers to adjust or control fees that exceed statutory limits.
Fixing Fees and Resolving Disputes (Bar Committees and Courts)
Where fees are not fixed by a written agreement, the Bar’s specialized committees estimate them taking into account the lawyer’s effort, case importance and other relevant factors; their decisions may be objected to before a Bar body and thereafter appealed to the Court of Appeal. Parties may also seek a court order to recover fees from an opposing party within statutory minimum and maximum thresholds at different stages, so strict adherence to objection and enforcement procedures is required when seeking collection.
Effects of Termination, Dismissal, Withdrawal and Death
The law sets out consequences when the mandate ends by client dismissal, lawyer’s withdrawal, or death, taking into account whether dismissal was justified. If dismissal is abusive the client must pay the full agreed fees; withdrawal must be for legitimate reasons, timely notified and not harm the client, and the lawyer may retain received fees. Upon the lawyer’s death or retirement from practice, the Bar Council may assess fees due for work performed, and its decisions are subject to appeal within statutory time limits.
Privilege on Proceeds and Limitation Periods for Fee Claims
In certain circumstances a lawyer enjoys a privileged claim over funds or proceeds obtained for a client and may retain monies held when there is a written fee agreement until fees are collected. Regarding limitation, the law distinguishes between undocumented fee claims—subject to a five‑year limitation—and written or evidenced claims—subject to a fifteen‑year limitation; this distinction critically affects the timing of litigation and enforcement steps.
Legal notice
Notice: The above content is for general educational purposes and is based on the original source linked on the article page. It does not substitute for reviewing applicable statutes, their amendments or current timelines, nor for consulting a licensed Jordanian attorney to apply the law to specific circumstances.
Frequently asked questions
Legal Basis and Limits on Fees?
Jordanian law recognizes a lawyer’s entitlement to fees under the Bar Association Law and generally caps contractual fees at 25% of the disputed value, except in exceptional cases subject to the Bar Council’s assessment. Practically, fee agreements should be recorded in writing where possible to reduce disputes; courts and the Bar Council retain powers to adjust or control fees that exceed statutory limits.
Fixing Fees and Resolving Disputes (Bar Committees and Courts)?
Where fees are not fixed by a written agreement, the Bar’s specialized committees estimate them taking into account the lawyer’s effort, case importance and other relevant factors; their decisions may be objected to before a Bar body and thereafter appealed to the Court of Appeal. Parties may also seek a court order to recover fees from an opposing party within statutory minimum and maximum thresholds at different stages, so strict adherence to objection and enforcement procedures is required when seeking collection.
Effects of Termination, Dismissal, Withdrawal and Death?
The law sets out consequences when the mandate ends by client dismissal, lawyer’s withdrawal, or death, taking into account whether dismissal was justified. If dismissal is abusive the client must pay the full agreed fees; withdrawal must be for legitimate reasons, timely notified and not harm the client, and the lawyer may retain received fees. Upon the lawyer’s death or retirement from practice, the Bar Council may assess fees due for work performed, and its decisions are subject to appeal within statutory time limits.
Sources and references
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