Controls for Estimating Attorney’s Fees by the Competent Committees in Accordance with the Provisions of the Jordanian Regular Bar Association Law: A comparative Study

Abstract

According to what was stated in Article (46/2) of the Jordanian Bar Association Law, the jurisdiction to determine attorneys’ fees shall be held for the specialized committees of the Bar Association in the absence of an explicit written agreement on them. In their determination of attorney's fees, these committees adhere to objective and personal controls. The objective controls are summarized in those that are expressly stipulated in the Law of the Bar (the effort and the seriousness of the case), in addition to those contained in the Code of Ethics and Code of Conduct for Regular Lawyers and also contained in comparative law and jurisprudence. As for personal controls, they are like objectivity, which are not subject to limitation and differ from one case to another according to its facts and circumstances, although it may be among them - but within restrictions - the condition of the client, the benefit that accrued to him/her, the position of the lawyer and the outcome of the case. In this study, we concluded that the determination of attorney’s fees by the competent committee in the Bar Association is not absolute from any restriction, but is based in essence on determining attorney’s fees equivalent to a wage such as the work or service performed. The equivalent compensation is determined in the light of objective and personal controls approved by the Jordanian legislator, which we wished them to adopt.