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Abstract

The lawyer’s Power of Attorney (POA) is a sort of contractual representation that authorizes a nominated lawyer by a litigant in legal procedures to act on behalf of him and to undertake all necessary actions or proceedings before the courts in legal suit. As a must for the POA includes expressly the powers of the attorney to be acted and to be done on behave of his grantor, such as: a waiver to challenge courts laws decisions and judgments, settlement, dropping a lawsuit, receive monies, addressing oath, declaration against interest, claiming the minatory interest, bringing claims, dismissing the judges .In other terms , the POA should give the attorney the full power to represent his client otherwise the POA may be declared null and void, taking into account that in some cases during the proceedings the litigant may attend in person before the court and may appoint someone else non a lawyer. The court must ensure before rendering it judgment that lawyer's POA include an explicit mandate to appear before it, if the POA was to appear before the Magistrate's Court or the first Instance court, the court of appeal should dismiss the appeal on the ground that the appeal had been submitted by who do not have the right to submit. The execution judge should refrain from refunds in the executive case when the POA does not entitle the lawyer to pursue the case before the Execution Department. A new legislative development took place in the Companies Act came into force in 2011, according to the Article (7) Lawyers as professionals can proceed to register a Civil Company in a special register (Register of Civil Companies) in the Companies Supervision Directorate associated with the Ministry of Industry and Trade. Such companies shall be subject to the provisions of the Civil Code and a judicial personality is conferred according the Article (50) of the Jordanian Civil Code. Finally, the POA, related to this subject, raises many questions and even points. In addition to all of the above, the insufficient in the plaintiff’s POA may lead to reject his claim and / or a portion of his requests, and it may lead to reject his appeal submitted to challenge the judgments.

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