Scope of attorney’s right for retaining client’s documents and money

Study on the provisions of the Jordanian legislation and judicial application

Abstract

Within the framework of the legislation regulating the attorney-client relationship, the Jordanian Bar Association recognizes the attorney's right to retain whatever documents and money they have in their possession relating to their client until the client pays the attorney's fees. The study concludes that the law has differentiated between whether a written agreement determines the attorney's fees, and in such case, the attorney is entitled to exercise the right of retention without the need to obtain any judicial permission or follow any procedure of judicial nature provided that the retained money is limited to the unpaid attorney's fees amount. In the absence of a written agreement on the attorney's fees, the provision of Article (2/50) of the Jordanian Bar Association Law is unclear as it gives the authority to the Bar Council to determine the value of attorney's fees, as the article described above stipulates as follows: "with the attorney's right to keep in his custody what he has of money and papers until the attorney's fees dispute is concluded." As such, the said provision must be amended for further clarity concerning the exercise of the attorney's right of retention in the absence of a written attorney's fees agreement by making the exercise of the right entrusted with filing a lawsuit for determining the attorney's fees. In all cases, the right of retention does not constitute a breach of trust crime as long as the retention has been exercised within the fees' limitation stipulated in the provisions of the Jordan Bar Association law.