Jordanian Lawyer

Many people who are not familiar with the law do not know how to file a lawsuit or respond to one filed against them. They may not be able to clearly express their position in a lawsuit, which can lead to their rights being lost. We always need someone to provide us with advice and consultations on legal matters. Therefore, you should seek the assistance of a lawyer in the Hashemite Kingdom of Jordan. A lawyer in Jordan is a representative of justice on earth, restoring rights to their owners and supporting the oppressed. Those who practice this profession must possess many qualities that distinguish them from others. In this article, we will address everything related to lawyers in Jordan through the following main elements:

We will provide a detailed explanation of each of the main elements above, as follows:

First: Who are Jordanian lawyers?

Lawyers are assistants to the judiciary who have taken up the profession of providing judicial and legal assistance to those who request it for a fee. This includes the following:

Representing others in claiming and defending their rights before all courts of various types and degrees, except Sharia courts, arbitrators, public prosecution offices, administrative governors, judicial police, all administrative bodies, and public and private institutions.
Drafting contracts and carrying out the necessary procedures.
Providing legal consultations, in accordance with the provisions of Article 6 of the Jordanian Bar Association Law.

Third: What are the conditions for a Jordanian lawyer to practice law in Jordan?

According to the Jordanian Bar Association Law, in order for a Jordanian lawyer to practice law, their name must be registered in the register of practicing lawyers at the Bar Association. To achieve this, those who wish to register their name in the register of lawyers must submit a written request to the Bar Council requesting the registration of their name, accompanied by documents proving that they meet the following conditions:

Be a Jordanian citizen.
Be at least twenty-three years old.
Have full civil capacity.
Be permanently and actually residing in the Hashemite Kingdom of Jordan.
Be of good conduct, behavior, and reputation.
Hold a law degree from a recognized university or institute.
Not be employed in the government or private sector or affiliated with another syndicate.
Have completed the training to be qualified for licensing.
Pay the prescribed fees according to the Bar Association Law and the regulations issued thereunder.

Fourth: What are the rights of a Jordanian lawyer?

Lawyers in Jordan enjoy many rights, including the following:

“The practice of law is a right exclusive to lawyers registered with the Bar Association and no one else, in accordance with the provisions of the Jordanian Bar Association Law.
Non-registered lawyers may not engage in the work stipulated in the first paragraph of Article 6 except in cases where the law permits it. Non-registered lawyers may not engage in the work stipulated in the second and third paragraphs of Article 6 of the Jordanian Bar Association Law as a profession or for the purpose of profit,” as per Article 38 of the Jordanian Bar Association Law.
“A lawyer may take any path they deem successful in defending their client and shall not be held responsible for what they state in their pleadings, whether in writing or orally, as necessitated by the right of defense. They shall also not be held responsible for legal consultations given in good faith.
A lawyer enjoys complete freedom before the courts, departments, and authorities where they practice their profession. They may not be arrested or pursued for any action taken in the performance of their professional duties. A lawyer shall not be subject to any action before these courts, departments, and authorities where they practice their profession except for disciplinary liability in accordance with the provisions of the Jordanian Bar Association Law.
A lawyer must receive the care and attention befitting the dignity of the legal profession from courts, prosecution offices at all levels, police departments, and all official departments and authorities where they practice their profession. All necessary facilities for carrying out their duties must be provided to them, and their requests may not be neglected without legal justification.
A lawyer may not be searched during a trial.
The prosecution must notify the Bar Association when initiating an investigation into any complaint against a lawyer. The President of the Bar Association or their designee may attend all stages of the investigation.
In the case of a flagrant offense, the President of the Bar Association or their designee shall be notified as soon as possible of the procedures taken.
A lawyer has the right to have their safety preserved and to have anyone who assaults them during or because of the performance of their professional duties punished with the same penalty prescribed for assaulting a judge during or because of the performance of their duties,” as per Article 40 of the Jordanian Bar Association Law.
A lawyer has the right to charge fees for the work they have done within the scope of their profession, as well as the right to recover the expenses they incurred in the case they were entrusted with.
“A practicing lawyer has the right to authenticate the signatures of their clients on special powers of attorney if the power of attorney relates to one of the following matters:

a. Representing others in claiming and defending their rights before all courts of various types and degrees, except Sharia courts.

b. Before arbitrators, public prosecution offices, administrative governors, judicial police, all administrative bodies, and public and private institutions.

c. Drafting contracts and carrying out the necessary procedures.

d. Providing legal consultations. The lawyer shall be responsible in all cases for the validity of these signatures,” as per Article 44 of the Jordanian Bar Association Law.

“A lawyer, when necessary, whether they are the principal party or an agent, may delegate another lawyer in a specific case and under their responsibility, with a signed authorization, for any work entrusted to them under their agency and within the conditions stated therein, unless there is a provision in the agency preventing such delegation. The delegation shall be exempt from fees, including stamp duty fees” ([2]).
A lawyer has the right to accept or reject cases presented to them, based on their conviction and assessment. There is nothing that obliges a lawyer to accept or reject cases except in cases where the law prohibits the lawyer from accepting certain cases or representing specific adversaries, as in the case where a lawyer may not accept representation from two opposing parties in the same lawsuit.
A lawyer has the right to withdraw from their agency at any time. However, the Jordanian legislator has restricted this right for the lawyer to choose the appropriate time to withdraw, to have a legitimate reason for withdrawal, and to inform their client of this withdrawal. The lawyer must continue working for a reasonable period after informing their client, so that they have the opportunity to appoint a new lawyer, in accordance with the provisions of Article 48 of the Jordanian Bar Association Law. A lawyer’s withdrawal is considered inappropriate if the litigation has reached a point where the lawyer’s resignation would harm the case, such as if the case has many branches and multiple procedures, and has reached a point where the new lawyer cannot fully grasp it.

Fifth: What are the controls for determining lawyer fees in Jordan?

The Jordanian legislator has regulated the controls for determining lawyer fees in Jordan as follows:

A lawyer has the right to charge fees for the work they have done within the scope of their profession, as well as the right to recover the expenses they incurred in the case they were entrusted with, in accordance with the provisions of Article 45 of the Jordanian Bar Association Law No. (11) of 1972.
A lawyer shall charge their fees according to the contract concluded between them and the client, provided that these fees do not exceed (25%) of the actual value of the disputed matter, except in exceptional cases where the Bar Council shall determine them.
If the lawyer’s fees are not explicitly determined by agreement, the Bar Council shall determine these fees after inviting both parties. The lawyer’s effort, the importance of the case, and all other factors shall be taken into consideration in the determination.
If unforeseen lawsuits arise from the subject of the agreement, the lawyer has the right to claim fees for them. This is to protect the lawyer’s rights, as it is not permissible for the lawyer’s fees to remain the same in the presence of these lawsuits arising from the subject of the agreement.
The court, upon the request of the party, shall rule against their opponent regarding lawyer fees. The court shall determine the amount, provided that it is not less than (5%) of the value of the judgment in the first instance, and not more than (500) dinars in any lawsuit, regardless of the value of the judgment therein. Lawyer fees in the appellate stage shall not exceed half of what the court of first instance ruled, in accordance with the provisions of Article 46 of the Bar Association Law.
If the lawyer concludes the case through settlement or arbitration in accordance with what their client authorized them to do, or if the client withdraws from pursuing the case after signing the power of attorney for any reason, the lawyer is entitled to the agreed-upon fees unless there is a contrary agreement, in accordance with the provisions of Article 47 of the Bar Association Law.
The client may dismiss their lawyer. In this case, they are obligated to pay the full fees for the entire task entrusted to the lawyer if the dismissal is not based on a legitimate reason.
The lawyer may withdraw from the agency for valid reasons, provided that they inform their client of this withdrawal. They may not exercise this right at an inappropriate time. In this case, the lawyer may retain the fees they have received. The Bar Council shall decide on any dispute.

Ninth: Immunity of the Office of a Jordanian Lawyer

“A lawyer’s office may not be searched or raided except after following special procedures, due to the fact that the lawyer’s office contains documents and papers related to the duties of his profession, and these documents and papers contain information and secrets of his clients. Therefore, it is not permissible to seize or confiscate these documents to be used as evidence against the accused. The prohibition of searching a lawyer’s office aims to prevent the violation of defense secrets. This prohibition does not represent a special protection for the lawyer or his office. The prohibition is related to the purpose of the search, not the place of the search. Searching a lawyer’s office is not prohibited in all cases. Searching a lawyer’s office is legitimate and permissible if the lawyer exceeds the limits of his profession, such as if the lawyer’s office becomes a place for committing crimes or a hiding place for things whose possession is considered a crime. It is also permissible to search a lawyer’s office in the event of a direct accusation against him”([4]).

Tenth: The Nature of Disciplinary Sanctions for Jordanian Lawyers

Any lawyer who violates the duties of his profession stipulated in the Jordanian Bar Association Law and in the regulations issued pursuant to it or in the Code of Professional Conduct issued by the Bar Council with the approval of the General Assembly, or exceeds his professional duties, or fails to perform them, or misleads justice, or commits an act that affects the honor and dignity of the profession, or behaves in his private life in a way that degrades the profession, exposes himself to the following disciplinary sanctions:

a. Warning. b. Reprimand. c. Prohibition from practicing the profession for a period not exceeding five years. d. Final removal from the register of lawyers, in accordance with the provisions of (Article 63) of the Jordanian Bar Association Law.

Eleventh: The Procedures for Registering a Jordanian Lawyer

The procedures for registering a Jordanian lawyer, according to the Jordanian Bar Association Law, are as follows:

“An application for registration in the register of practicing lawyers shall be submitted to the Bar Council along with the documents proving the fulfillment of the conditions stipulated in Article 8. If a period of two months has passed from the date of submitting the application and the Bar Council has not issued a decision in this regard, the application is considered implicitly rejected, and the applicant has the right to appeal the decision of implicit rejection,” in accordance with the provisions of (Article 15) of the Jordanian Bar Association Law.
“The Minister of Justice or his deputy or any practicing lawyer has the right to appeal any decision issued by the Bar Council to register a lawyer in the register of lawyers, and the applicant for registration has the right to appeal the decision in which the council rejects his application,” in accordance with the provisions of (Article 16) of the Jordanian Bar Association Law.
“If it becomes clear to the Bar Council that one of the registration conditions stipulated in (Article 8), on which the council relied in accepting the lawyer’s registration application, is not available or is incorrect, the council has the right to reconsider this registration and cancel it, and this decision may be appealed by the lawyer,” in accordance with the provisions of (Article 17) of the Jordanian Bar Association Law.
The rejection of the registration application due to the lack of the conditions stipulated in (Article 8) does not prevent the submission of a new application if the applicant invokes the removal of the reason or reasons that led to the rejection, and the council has the right to reject it when renewing the application, and the applicant has the right to appeal this decision.
“The Bar Council shall organize each year a general register of the names of practicing lawyers and another register of the names of lawyers under training, and a copy of the register of practicing lawyers shall be sent to each of the Ministry of Justice, the Public Prosecutions, the courts, the Union of Arab Lawyers, the Bar Associations in the Arab countries, and the union or international institutions that it is appropriate to notify after its publication in the Official Gazette,” in accordance with the provisions of (Article 19) of the Jordanian Bar Association Law.
The Bar Council shall organize a special file for each lawyer that includes everything related to him, and the internal regulations of the Bar Association shall specify the rules for organizing this file.
“Lawyers registered in the register of practicing lawyers, within two months of the entry into force of the Jordanian Bar Association Law, and the lawyer who registers his name for the first time in the register of practicing lawyers must take the following oath before the Minister of Justice, in the presence of the Captain, or two members of the Bar Council:

(I swear by Almighty God to be loyal to the King and the homeland, to perform my duties with honesty and honor as required by laws and regulations, to preserve the secrecy of the legal profession, and to respect its laws and traditions),” in accordance with the provisions of (Article 23) of the Jordanian Bar Association Law.

Jordanian Lawyer Sami Al-Awad

Sami Al-Awad is one of the most prominent lawyers in Jordan, and is distinguished by his extensive experience in the field of commercial and criminal law. He owns a law firm that is among the most famous in the capital, Amman, where he provides specialized legal services to individuals and companies alike. Sami Al-Awad focuses in his work on providing accurate and detailed legal advice, and is known for his ability to analyze complex cases and deal with them efficiently.

Throughout his career, Sami Al-Awad has pleaded in many important cases that have attracted the attention of the Jordanian public opinion. He is also known for providing legal services related to startups and commercial projects, which makes him a reference in this field. Al-Awad pays special attention to legal details and precise procedures to ensure the best possible results for his clients.

Jordanian Lawyer

Ninth: Immunity of the Office of a Jordanian Lawyer

Tenth: The Nature of Disciplinary Sanctions for Jordanian Lawyers

Eleventh: The Procedures for Registering a Jordanian Lawyer

Jordanian Lawyer Sami Al-Awad

Top 10 Questions and Answers about Jordanian Lawyer Sami Al-Awad:

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