Judicial principles and studies
Monetary Claim for Attorney-Agent Breach, Agency Limits and Loss-of-Opportunity Compensation
A claim alleges an attorney acting as agent settled with a convicted party without the client's knowledge or consent, prompting a compensation claim for exceeding agency authority. The Court emphasized the role of expert evidence and proper evidentiary discussion.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The claimant alleges that her attorney, acting as her agent, concluded a reconciliation with the convicted party in a criminal case without her knowledge or consent, giving rise to a compensation claim for exceeding the agent's authority. Applicable provisions cited include the civil code rules on agency (articles 840, 841, 856) and article 55 of the Bar Association law.
Summary
The Court of Cassation found that expert technical evidence is decisive to establish whether the reconciliation occurred without the client's knowledge or consent, and that contractual liability rules apply to assess damage, including loss of opportunity to claim the cheque value if proven. The Court further criticized the appellate court for failing to thoroughly examine the submitted evidence and address substantive defenses in detail as required by procedural rules (article 188 of civil procedure), which is necessary for higher-court review.
Practical significance
The summary underscores the need for technical expertise where factual findings are determinative of agency breach and the importance of a comprehensive evidentiary and defensive discussion at the appellate level to preserve appellate review. This is an educational summary and not a judicial text or legal advice.
Sources and references
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