Judicial principles and studies
Electronic Notification, Defense Orders, Attorneys' Fees, and Related Principles
A brief summary of selected principles on electronic notification under defense orders, non-awarding of attorneys' fees when a lawyer represents himself, effects of unlicensed employment offices, and related rules on non‑retroactivity, evidentiary weight, and appellate procedure.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
- Electronic notification by SMS, email, or messaging apps is treated as effective and produces legal effects starting the day after sending, based on Defense Order No. (21) of 2020, which suspends any conflicting legislation, including Articles (7, 8, 9) of the Civil Procedure Code and Articles (73 b/c) of the Civil Electronic Means Regulation. - Case law holds that attorneys do not receive attorneys' fees when they represent themselves, since such fees are compensatory for expenses borne by a successful litigant and no entitlement exists when no such expense was incurred. - Failure of an employment office to obtain a license does not annul or void a brokerage contract civilly; it gives rise to administrative or criminal liability, while the civil dispute remains valid. - The default rule in conflicts of laws is non‑retroactivity: the law in force at the time the contract was concluded governs obligations, unless the new law expressly provides otherwise pursuant to Article (93/2) of the Constitution. - An appellate court must address all grounds of appeal thoroughly and clearly when issuing its judgment to permit the Court of Cassation to exercise its supervisory role, in line with Article (188) of the Civil Procedure Code. - An appeal brings the case with all its evidence and defenses before the appellate court; the court must not pick or ignore parts of the evidentiary record when responding to essential defenses. - Email messages can attain the probative value of ordinary instruments if accompanied by a certificate from the sender confirming issuance or by a certificate from the recipient confirming receipt; an ordinary instrument binds its issuer only against that issuer; an electronic information message is deemed issued by its creator if it originates from, on behalf of, or for the account of the creator, or via an intermediary electronic agent configured to act automatically.
Summary
The summary compiles distinct rules concerning the validity of electronic notification under temporary orders, limits on claiming attorneys' fees for self‑representation, effects of lacking administrative licensing on civil contracts, non‑retroactivity principles, appellate procedural duties, and evidentiary requirements for electronic messages. This is a general educational summary and not a judicial text or legal advice.
Practical significance
- Treat electronic notifications as effective from the day after sending and preserve transmission and reception records. - Do not list attorneys' fees as a recoverable item where a lawyer defended themselves and no expense was truly incurred. - In disputes over brokerage or employment services, lack of licence may trigger administrative or criminal consequences but does not automatically invalidate civil claims. - Apply the law that was in force when the contract was made unless the new legislation states otherwise. - Appellate courts should address every ground and evidentiary item to avoid procedural error and enable cassation review. - To strengthen the evidentiary weight of electronic messages, obtain corroborating attestations of sending or receipt or demonstrate linkage to the creator or an automated intermediary.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.