Date of Defense
5-3-2026 11:00 AM
Document Type
Thesis Defense
Degree Name
Master of Private Law
College
COL
Department
Private Law
First Advisor
Prof. Zaid Agaileh
Keywords
Civil Liability, Lawyer, Professional Error, Technological Developments, Robot Lawyer.
Abstract
This study aims to examine the provisions of the legislative texts governing the civil liability of lawyers for their professional errors by clarifying the position adopted by the UAE legislator regarding professional mistakes that may be committed by a lawyer while practicing the profession considering modern technological developments, and by defining the limits, scope, and legal nature of the lawyer’s civil liability. The study also seeks to identify the nature of the obligations imposed upon the lawyer in the performance of his or her professional duties and to clarify the way damages incurred by the client because of the lawyer’s professional error are to be assessed.
The study adopts both the descriptive and analytical approaches by describing and analyzing the provisions of the UAE Civil Transactions Law addressing the civil liability of lawyers, as well as examining and analyzing other relevant legislative texts related to the subject matter. It further analyzes the opinions of legal scholars in order to identify points of agreement and divergence among them.
The study has yielded several findings, the most significant of which is that the legal nature of the lawyer’s role is of a special character. Jurisprudence and judicial practice are almost unanimously of the view that a lawyer’s liability is contractual in nature when the lawyer undertakes the assignment entrusted by the client upon the latter’s request. Such liability becomes tortious when the lawyer fails to comply with the applicable laws, regulations, and professional customs prevailing within the legal community, unless a specific agreement to the contrary has been concluded within the scope of the contract. In other words, the lawyer’s liability is principally contractual and exceptionally tortious in certain circumstances.
Included in
CIVIL LIABILITY OF THE LAWYER FOR PROFESSIONAL ERRORS IN LIGHT OF TECHNOLOGICAL DEVELOPMENTS: A STUDY UNDER UAE LEGISLATION
This study aims to examine the provisions of the legislative texts governing the civil liability of lawyers for their professional errors by clarifying the position adopted by the UAE legislator regarding professional mistakes that may be committed by a lawyer while practicing the profession considering modern technological developments, and by defining the limits, scope, and legal nature of the lawyer’s civil liability. The study also seeks to identify the nature of the obligations imposed upon the lawyer in the performance of his or her professional duties and to clarify the way damages incurred by the client because of the lawyer’s professional error are to be assessed.
The study adopts both the descriptive and analytical approaches by describing and analyzing the provisions of the UAE Civil Transactions Law addressing the civil liability of lawyers, as well as examining and analyzing other relevant legislative texts related to the subject matter. It further analyzes the opinions of legal scholars in order to identify points of agreement and divergence among them.
The study has yielded several findings, the most significant of which is that the legal nature of the lawyer’s role is of a special character. Jurisprudence and judicial practice are almost unanimously of the view that a lawyer’s liability is contractual in nature when the lawyer undertakes the assignment entrusted by the client upon the latter’s request. Such liability becomes tortious when the lawyer fails to comply with the applicable laws, regulations, and professional customs prevailing within the legal community, unless a specific agreement to the contrary has been concluded within the scope of the contract. In other words, the lawyer’s liability is principally contractual and exceptionally tortious in certain circumstances.