The Professional Liability of the Legal Advisor: A Jordanian and English law Perspective: A Critical Study
This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover an agent lawyer and a legal advisor. Whenever a legal advisor commits a professional fault resulting in harm to his client, the client becomes entitled for compensation under the general rules of law, in addition to the sanctions imposed by the relevant laws of the profession. For the purpose of determining the legal effect of the professional fault, it is necessary to determine the legal nature of the contract between the legal advisor and his client and determine whether this nature is different from the legal relationship between an agent lawyer and a client. All these questions have been dealt with under the laws of Jordan (the Bar Association Law and the Civil Law). Also a reference has been made to English Law which distinguishes between a solicitor who conducts paper legal work and a barrister who performs the court work. This study concludes that all solicitors in the UK are bound to carry an insurance cover against professional liability. This consists a prerequisite for practicing law. Whereas, in Jordan professional liability is covered by the general rules of law, whereby lawyers bear it personally. What is more, the wordings of the provisions of the Jordanian Bar law may not be clear enough to the effect that a mere legal advisor is under the same duties that are addressed to an agent lawyer
Mahasneh, Nisreen and Masadeh, Ayman Khaled
"The Professional Liability of the Legal Advisor: A Jordanian and English law Perspective: A Critical Study,"
UAEU Law Journal: Vol. 2009:
38, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2009/iss38/7